SF 4039

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 08:40am

A bill for an act
relating to construction codes; establishing a thermal system insulation board;
requiring licensing of thermal system insulation mechanics; authorizing rulemaking;
proposing coding for new law in Minnesota Statutes, chapter 326B.

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

Section 1.

new text begin [326B.60] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 326B.60 to 326B.64, the terms defined
in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Thermal System Insulation Board.
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 residential building,
structure, or facility, but does not include a residential building, structure, or facility that
contains three or fewer residential units.
new text end

new text begin Subd. 4. new text end

new text begin Construction code inspector. new text end

new text begin "Construction code inspector" means an
individual who is in compliance with the competency criteria established under rules adopted
by the commissioner to conduct construction inspections and administration of the State
Building Code as provided for in section 326B.135.
new text end

new text begin Subd. 5. new text end

new text begin Mechanic. new text end

new text begin "Mechanic" means a person who installs or maintains thermal system
insulation in heating, ventilating, cooling, plumbing, and refrigerated systems.
new text end

new text begin Subd. 6. new text end

new text begin State inspector. new text end

new text begin "State inspector" means the state thermal system insulation
inspector.
new text end

new text begin Subd. 7. new text end

new text begin Thermal system insulation. new text end

new text begin "Thermal system insulation" means a product that
is used in a heating, ventilating, cooling, plumbing, or refrigeration system to insulate any
hot or cold surface, including a pipe, duct, valve, boiler, flue, or tank, or equipment on or
in a building. Thermal system insulation does not include refractory materials or preinsulated
duct products.
new text end

Sec. 2.

new text begin [326B.61] THERMAL SYSTEM INSULATION BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Thermal System Insulation Board shall consist of
nine members. Seven members shall be appointed by the governor with the advice and
consent of the senate and shall be voting members. Appointments of members by the
governor shall 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's designee, who shall be a voting
member. One member shall be the state thermal system insulation inspector, who shall be
a nonvoting member. Of the seven appointed members, the composition shall be as follows:
new text end

new text begin (1) two members shall represent major insulation companies that sponsor an
apprenticeship training program in installing and maintaining thermal system insulation
that is approved by the department;
new text end

new text begin (2) one member shall be an architect licensed in this state with work experience in the
area of indoor air quality;
new text end

new text begin (3) two members shall be mechanics with at least ten years of experience in the area of
heat and frost insulation and who have successfully completed training in installing and
maintaining thermal system insulation under an apprenticeship program that is approved
by the department;
new text end

new text begin (4) one member shall be a general contractor in this state; and
new text end

new text begin (5) one member shall be a public member as defined by section 214.02.
new text end

new text begin One of the representatives of a major insulation company shall be appointed for a term to
end December 31, 2024. The other representatives of a major insulation company shall be
appointed for a term to end December 31, 2023. The architect shall be appointed for a term
to end December 31, 2024. One of the mechanics shall be appointed for a term to end
December 31, 2024. The other mechanic shall be appointed for a term to end December 31,
2023. The general contractor shall be appointed for a term to end December 31, 2024. The
public member shall be appointed for a term to end December 31, 2023.
new text end

new text begin (b) All appointed members must be residents of Minnesota at the time of and throughout
the member's appointment.
new text end

new text begin (c) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on December 31. Members appointed by
the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and consent
of the senate. Midterm vacancies shall be filled for the remaining portion of the term.
Vacancies occurring with less than six months time remaining in the term shall 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 shall have 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, the meeting dates of the board,
and contain 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) recommend rules for promulgation by the department to establish standards for the
installation and maintenance of thermal system insulation in buildings;
new text end

new text begin (4) recommend to the department requirements for licensure of mechanics and
circumstances under which the department may take disciplinary action against a mechanic,
including suspension and revocation of a license;
new text end

new text begin (5) recommend to the department qualifications for the state inspector;
new text end

new text begin (6) recommend to the department training and continuing education requirements for
mechanics;
new text end

new text begin (7) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
new text end

new text begin (8) select individuals from its members to serve on any other state advisory council,
board, or committee; and
new text end

new text begin (9) recommend to the department the license fees for mechanics.
new text end

new text begin (b) new text end new text begin Except for the powers granted to the Plumbing Board, Board of Electricity, the Board
of High Pressure Piping Systems, and Thermal System Insulation Board, the commissioner
of labor and industry shall administer and enforce the provisions of this chapter and any
rules promulgated pursuant thereto.
new text end

new text begin (c) The board may consult with engineering authorities and other organizations concerned
with safety and health issues related to thermal system insulation and mold in performing
its duties under this subdivision.
new text end

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

new text begin (e) The commissioner shall coordinate the board's rulemaking 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.
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 the rate of
$55 a 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 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 appointment 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. new text end

new text begin 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 is 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 Subd. 7. new text end

new text begin Board meetings. new text end

new text begin (a) The board shall hold meetings at such times as the board
shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D and in a
manner as the bylaws may provide.
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 (c) 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 (d) If telephone or other electronic means are 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 (e) If telephone or other electronic means are 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. Any person
monitoring the meeting electronically from a remote location may be required to pay
documented costs incurred by the board as a result of the additional connection. 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 in writing 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
department to provide thermal system insulation work or the performance or offering to
perform thermal system insulation work requiring licensure or registration. 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 for
full and accurate knowledge of its official activities in accordance with section 15.17.
new text end

Sec. 3.

new text begin [326B.62] STATE INSPECTOR.
new text end

new text begin (a) The commissioner shall appoint a state thermal system insulation inspector under
the direction and supervision of the commissioner. To be eligible for appointment as the
state thermal system insulation inspector, an individual must have at least ten years of
experience as a mechanic, and have successfully completed an apprenticeship program in
installing and maintaining thermal system insulation that is approved by the department.
new text end

new text begin (b) The state inspector shall:
new text end

new text begin (1) inspect buildings constructed, or in which the mechanical systems have been altered,
to determine whether the installation or maintenance of thermal system insulation in those
buildings complies with the standards established by the commissioner under section
326B.64. The state inspector shall conduct the inspections on a periodic basis and whenever
requested to do so by a construction code inspector;
new text end

new text begin (2) provide assistance and information to construction code inspectors who inspect
buildings for compliance with the standards established by the commissioner under section
326B.64; and
new text end

new text begin (3) keep complete and accurate records of all inspected buildings, including a list
identifying all buildings that are in compliance with the standards established by the
commissioner under section 326B.64, a list of all buildings that are not in compliance with
the standards, and a list of any orders issued by the state inspector.
new text end

Sec. 4.

new text begin [326B.63] LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Mechanic. new text end

new text begin Except as otherwise provided by law, no individual may
install or maintain thermal system insulation in any building unless that person is a mechanic
licensed by the department under this section, is working under the direct supervision of a
licensed mechanic, or is serving an apprenticeship in the installation and maintenance of
thermal system insulation that is approved by the department. This subdivision does not
apply to a person who makes only minor repairs to thermal system insulation. An individual
wishing to obtain a mechanic's license shall apply for a license by submitting an application
on a form provided by the department together with the applicable fee.
new text end

new text begin Subd. 2. new text end

new text begin Experience. new text end

new text begin An applicant for a thermal system insulation mechanic license
must have:
new text end

new text begin (1) at least 1,000 hours of experience in each of four consecutive years installing and
maintaining thermal system insulation under the supervision of a licensed mechanic and
has passed an examination approved by the department; or
new text end

new text begin (2) successfully completed training in installing and maintaining thermal system insulation
under an apprenticeship program that is approved by the department.
new text end

Sec. 5.

new text begin [326B.64] RULES.
new text end

new text begin The commissioner shall adopt rules to establish:
new text end

new text begin (1) standards for the installation and maintenance of thermal system insulation in
buildings. The commissioner shall base the standards, to the extent possible, on national
industry standards for installing and maintaining thermal system insulation;
new text end

new text begin (2) minimum qualifications for the licensing of mechanics. The rules shall provide that
a license issued to a mechanic under this section is valid for three years and is renewable;
new text end

new text begin (3) license fees for mechanics; and
new text end

new text begin (4) training and continuing education requirements for mechanics.
new text end

Sec. 6. new text begin APPOINTMENT AND FIRST MEETING OF BOARD.
new text end

new text begin The governor must make the appointments to the Thermal System Insulation Board no
later than July 1, 2020. The commissioner of labor and industry must convene the first
meeting of the Thermal System Insulation Board no later than September 1, 2020.
new text end