SF 3881

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 10:45am

A bill for an act
relating to labor and industry; appropriating money for the Department of Labor
and Industry; making policy and technical changes; amending Minnesota Statutes
2020, sections 326B.106, subdivision 4; 326B.163, subdivision 5, by adding a
subdivision; 326B.164, subdivision 13; 326B.36, subdivision 7, by adding a
subdivision; 326B.42, subdivisions 1b, 1c; 326B.437; 326B.46, subdivision 2;
Minnesota Statutes 2021 Supplement, section 326B.153, subdivision 1; Laws
2021, First Special Session chapter 10, article 3, section 14, subdivision 1.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns under "Appropriations" are added to the appropriations
in Laws 2021, First Special Session chapter 10, or other law to the specified agencies. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. The figures "2022" and "2023" used in this article
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2022, or June 30, 2023, respectively. Appropriations for the fiscal year ending June 30,
2022, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin DEPARTMENT OF LABOR AND INDUSTRY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 25,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 25,000 new text end

new text begin Subd. 2. new text end new text begin Workforce Development Initiatives new text end

new text begin -0- new text end

new text begin 25,000 new text end

new text begin $25,000 in fiscal year 2023 is for youth skills
training grants under Minnesota Statutes,
section 175.46. This is a onetime
appropriation.
new text end

ARTICLE 2

LABOR AND INDUSTRY POLICY AND TECHNICAL

Section 1.

Minnesota Statutes 2020, section 326B.106, subdivision 4, is amended to read:

Subd. 4.

Special requirements.

(a) Space for commuter vans. The code must require
that any parking ramp or other parking facility constructed in accordance with the code
include an appropriate number of spaces suitable for the parking of motor vehicles having
a capacity of seven to 16 persons and which are principally used to provide prearranged
commuter transportation of employees to or from their place of employment or to or from
a transit stop authorized by a local transit authority.

(b) Smoke detection devices. The code must require that all dwellings, lodging houses,
apartment houses, and hotels as defined in section 299F.362 comply with the provisions of
section 299F.362.

(c) Doors in nursing homes and hospitals. The State Building Code may not require
that each door entering a sleeping or patient's room from a corridor in a nursing home or
hospital with an approved complete standard automatic fire extinguishing system be
constructed or maintained as self-closing or automatically closing.

(d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground level
exit when the center has more than two stairways to the ground level and its exit.

(e) Family and group family day care. Until the legislature enacts legislation specifying
appropriate standards, the definition of dwellings constructed in accordance with the
International Residential Code as adopted as part of the State Building Code applies to
family and group family day care homes licensed by the Department of Human Services
under Minnesota Rules, chapter 9502.

(f) Enclosed stairways. No provision of the code or any appendix chapter of the code
may require stairways of existing multiple dwelling buildings of two stories or less to be
enclosed.

(g) Double cylinder dead bolt locks. No provision of the code or appendix chapter of
the code may prohibit double cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a residential dwelling. Any
recommendation or promotion of double cylinder dead bolt locks must include a warning
about their potential fire danger and procedures to minimize the danger.

(h) Relocated residential buildings. A residential building relocated within or into a
political subdivision of the state need not comply with the State Energy Code or section
326B.439 provided that, where available, an energy audit is conducted on the relocated
building.

(i) Automatic garage door opening systems. The code must require all residential
buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82
and 325F.83.

(j) Exterior wood decks, patios, and balconies. The code must permit the decking
surface and upper portions of exterior wood decks, patios, and balconies to be constructed
of (1) heartwood from species of wood having natural resistance to decay or termites,
including redwood and cedars, (2) grades of lumber which contain sapwood from species
of wood having natural resistance to decay or termites, including redwood and cedars, or
(3) treated wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be made available
to the building official on request before final construction approval.

(k) Bioprocess piping and equipment. No permit fee for bioprocess piping may be
imposed by municipalities under the State Building Code, except as required under section
326B.92 subdivision 1. Permits for bioprocess piping shall be according to section 326B.92
administered by the Department of Labor and Industry. All data regarding the material
production processes, including the bioprocess system's structural design and layout, are
nonpublic data as provided by section 13.7911.

(l) Use of ungraded lumber. The code must allow the use of ungraded lumber in
geographic areas of the state where the code did not generally apply as of April 1, 2008, to
the same extent that ungraded lumber could be used in that area before April 1, 2008.

(m) Window cleaning safety. deleted text begin The code must require the installation of dedicated
anchorages for the purpose of suspended window cleaning on (1) new buildings four stories
or greater; and (2) buildings four stories or greater, only on those areas undergoing
reconstruction, alteration, or repair that includes the exposure of primary structural
components of the roof deleted text end new text begin The code shall incorporate by reference nationally recognized safety
standards for window cleaning developed by the International Window Cleaning Association
(IWCA) and approved by the American National Standards Institute (ANSI). Such standards
shall require that window cleaning safety features be provided for all windows on:
new text end

new text begin (1) new buildings where determined by the standard; and
new text end

new text begin (2) existing buildings undergoing alterations where both of the following conditions are
met:
new text end

new text begin (i) the windows do not currently have safe window cleaning features; and
new text end

new text begin (ii) the proposed work area being altered can include provisions for safe window cleaning new text end .

deleted text begin The commissioner may waive all or a portion of the requirements of this paragraph
related to reconstruction, alteration, or repair, if the installation of dedicated anchorages
would not result in significant safety improvements due to limits on the size of the project,
or other factors as determined by the commissioner.
deleted text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 326B.153, subdivision 1, is amended
to read:

Subdivision 1.

Building permits.

(a) Fees for building permits submitted as required
in section 326B.107 include:

(1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a municipality;
and

(2) the surcharge required by section 326B.148.

(b) The total valuation and fee schedule is:

(1) $1 to $500, deleted text begin $29.50 deleted text end new text begin $21 new text end ;

(2) $501 to $2,000, deleted text begin $28 deleted text end new text begin $21 new text end for the first $500 plus deleted text begin $3.70 deleted text end new text begin $2.75 new text end for each additional $100
or fraction thereof, to and including $2,000;

(3) $2,001 to $25,000, deleted text begin $83.50 deleted text end new text begin $62.25 new text end for the first $2,000 plus deleted text begin $16.55 deleted text end new text begin $12.50 new text end for each
additional $1,000 or fraction thereof, to and including $25,000;

(4) $25,001 to $50,000, deleted text begin $464.15 deleted text end new text begin $349.75 new text end for the first $25,000 plus deleted text begin $12 deleted text end new text begin $9 new text end for each
additional $1,000 or fraction thereof, to and including $50,000;

(5) $50,001 to $100,000, deleted text begin $764.15 deleted text end new text begin $574.75 new text end for the first $50,000 plus deleted text begin $8.45 deleted text end new text begin $6.25 new text end for
each additional $1,000 or fraction thereof, to and including $100,000;

(6) $100,001 to $500,000, deleted text begin $1,186.65 deleted text end new text begin $887.25 new text end for the first $100,000 plus deleted text begin $6.75 deleted text end new text begin $5 new text end for
each additional $1,000 or fraction thereof, to and including $500,000;

(7) $500,001 to $1,000,000, deleted text begin $3,886.65 deleted text end new text begin $2,887.25 new text end for the first $500,000 plus deleted text begin $5.50 deleted text end new text begin $4.25 new text end
for each additional $1,000 or fraction thereof, to and including $1,000,000; and

(8) $1,000,001 and up, deleted text begin $6,636.65 deleted text end new text begin $5,012.25 new text end for the first $1,000,000 plus deleted text begin $4.50 deleted text end new text begin $2.75 new text end
for each additional $1,000 or fraction thereof.

(c) Other inspections and fees are:

(1) inspections outside of normal business hours (minimum charge two hours), $63.25
per hour;

(2) reinspection fees, $63.25 per hour;

(3) inspections for which no fee is specifically indicated (minimum charge one-half
hour), $63.25 per hour; and

(4) additional plan review required by changes, additions, or revisions to approved plans
(minimum charge one-half hour), $63.25 per hour.

(d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than $63.25,
then the greater rate shall be paid. Hourly cost includes supervision, overhead, equipment,
hourly wages, and fringe benefits of the employees involved.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from October 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 326B.163, subdivision 5, is amended to read:

Subd. 5.

Elevator.

As used in this chapter, "elevator" means moving walks and vertical
transportation devices such as escalators, passenger elevators, freight elevators, dumbwaiters,
hand-powered elevators, endless belt lifts, and deleted text begin wheelchair deleted text end platform lifts. Elevator does not
include external temporary material lifts or temporary construction personnel elevators at
sites of construction of new or remodeled buildings.

Sec. 4.

Minnesota Statutes 2020, section 326B.163, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Platform lift. new text end

new text begin As used in this chapter, "platform lift" means a powered hoisting
and lowering device designed to transport mobility-impaired persons on a guided platform.
new text end

Sec. 5.

Minnesota Statutes 2020, section 326B.164, subdivision 13, is amended to read:

Subd. 13.

Exemption from licensing.

new text begin (a) new text end Employees of a licensed elevator contractor
or licensed limited elevator contractor are not required to hold or obtain a license under this
section or be provided with direct supervision by a licensed master elevator constructor,
licensed limited master elevator constructor, licensed elevator constructor, or licensed limited
elevator constructor to install, maintain, or repair platform lifts and stairway chairlifts.
Unlicensed employees performing elevator work under this exemption must comply with
subdivision 5. This exemption does not include the installation, maintenance, repair, or
replacement of electrical wiring for elevator equipment.

new text begin (b) Contractors or individuals shall not be required to hold or obtain a license under this
section when performing work on:
new text end

new text begin (1) conveyors, including vertical reciprocating conveyors;
new text end

new text begin (2) platform lifts not covered under section 326B.163, subdivision 5a; or
new text end

new text begin (3) dock levelers.
new text end

Sec. 6.

Minnesota Statutes 2020, section 326B.36, subdivision 7, is amended to read:

Subd. 7.

Exemptions from inspections.

Installations, materials, or equipment shall not
be subject to inspection under sections 326B.31 to 326B.399:

(1) when owned or leased, operated and maintained by any employer whose maintenance
electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing
electrical maintenance work only as defined by rule;

(2) when owned or leased, and operated and maintained by any electrical,
communications, or railway utility, cable communications company as defined in section
238.02, or telephone company as defined under section 237.01, in the exercise of its utility,
antenna, or telephone function; and

(i) are used exclusively for the generations, transformation, distribution, transmission,
new text begin load control, new text end 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 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;

(3) when used in the street lighting operations of an electrical utility;

(4) when used as outdoor area lights which are owned and operated by an electrical
utility and which are connected directly to its 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;

(5) when the installation, material, and equipment are in facilities subject to the
jurisdiction of the federal Mine Safety and Health Act; or

(6) when the installation, material, and equipment is part of an elevator installation for
which the elevator contractor, licensed under section 326B.164, is required to obtain a permit
from the authority having jurisdiction as provided by section 326B.184, and the inspection
has been or will be performed by an elevator inspector certified and licensed by the
department. This exemption shall apply only to installations, material, and equipment
permitted or required to be connected on the load side of the disconnecting means required
for elevator equipment under National Electrical Code Article 620, and elevator
communications and alarm systems within the machine room, car, hoistway, or elevator
lobby.

Sec. 7.

Minnesota Statutes 2020, section 326B.36, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Electric utility exemptions; additional requirements. new text end

new text begin For exemptions to
inspections exclusively for load control allowed for electrical utilities under subdivision 7,
clause (2), item (i), the following requirements apply:
new text end

new text begin (1) the exempted work must be conducted by a Class A electrical contractor. If a
deficiency or code violation is found when conducting such work, the electrical contractor
or other designee must report the deficiency or code violation to the electric utility; and
new text end

new text begin (2) the electric utility must, within ten calendar days of discovering the need for repair,
inform the owner:
new text end

new text begin (i) of the location of the materials or equipment that need repair;
new text end

new text begin (ii) that a permit is required for the work; and
new text end

new text begin (iii) of a time frame for the repair to be complete, not to exceed six months, after which
time the utility must disconnect the materials or equipment.
new text end

Sec. 8.

Minnesota Statutes 2020, section 326B.42, subdivision 1b, is amended to read:

Subd. 1b.

Backflow prevention rebuilder.

new text begin (a) new text end A "backflow prevention rebuilder" is an
individual who is qualified by training prescribed by the Plumbing Board and possesses a
master or journeyworker plumber's license to engage in the testing, maintenance, and
rebuilding of deleted text begin reduced pressure zone type deleted text end backflow prevention assemblies as regulated by
the Plumbing Code.

new text begin (b) For the purposes of this section and section 326B.437, a backflow prevention rebuilder
who is qualified by training prescribed by the Plumbing Board and engages in rebuilding
of backflow prevention assemblies limited to systems used to apply water to soil and plant
materials or provide water to landscape features is exempt from the licensing requirements
of paragraph (a). Nothing in this paragraph allows an employee or delegate of the backflow
prevention rebuilder or tester to engage in the testing, maintenance, and rebuilding of
backflow prevention assemblies as regulated by the Plumbing Code, unless the employee
or delegate has the requisite backflow prevention tester or rebuilder training prescribed by
the Plumbing Board.
new text end

Sec. 9.

Minnesota Statutes 2020, 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 type deleted text end backflow prevention assemblies as regulated by the Plumbing
Code.

Sec. 10.

Minnesota Statutes 2020, section 326B.437, is amended to read:

326B.437 deleted text begin REDUCED PRESSURE deleted text end BACKFLOW PREVENTION REBUILDERS
AND TESTERS.

(a) No person shall perform or offer to perform the installation deleted text begin , maintenance, repair, deleted text end new text begin or new text end
replacement deleted text begin , or rebuilding of reduced pressure zone deleted text end new text begin of new text end backflow prevention assemblies
unless the person obtains a plumbing contractor's license. An individual shall not engage
in the testing, maintenance, deleted text begin repair, deleted text end or rebuilding of deleted text begin reduced pressure zone deleted 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 zone deleted 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, deleted text begin repairs, deleted text end rebuilds,
or tests deleted text begin reduced pressure zone deleted 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. 11.

Minnesota Statutes 2020, 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 as described under subdivision 1b,
paragraph (b), 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 installation new text begin or backflow prevention
testing or rebuilding as described under subdivision 1b, paragraph (b) new 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.

Sec. 12.

Laws 2021, First Special Session chapter 10, article 3, section 14, 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. 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.

new text begin A license is not required for individuals performing backflow prevention rebuilding as
described under subdivision 1b, paragraph (b), provided that the individual: (1) has completed
backflow prevention rebuilder training as prescribed by the Plumbing Board; and (2) has
obtained a nationally recognized third-party accredited professional irrigation certification
and any such professional certifications have been approved by the commissioner.
new text end

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. 13. new text begin LAWS CHAPTER 32 EFFECTIVE DATE.
new text end

new text begin Notwithstanding any other law to the contrary, Laws 2022, chapter 32, articles 1 and 2,
sections 1 to 12, are effective the day following final enactment, and Laws 2022, chapter
32, article 1, section 1, applies to appointments made on or after that date.
new text end