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Minnesota Legislature

Office of the Revisor of Statutes

SF 3140

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 4th Engrossment

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A bill for an act
relating to boiler operations; making changes to licensing procedures; authorizing
rulemaking; amending Minnesota Statutes 2006, sections 183.411, subdivision 3;
183.545, subdivision 4; Minnesota Statutes 2007 Supplement, sections 183.501;
183.51.

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

Section 1.

Minnesota Statutes 2006, section 183.411, subdivision 3, is amended to read:


Subd. 3.

Licenses.

A license to operate steam farm traction engines, portable and
stationary show enginesnew text begin,new text end and portable and stationary show boilers shall be issued to an
applicant who:

(1) is deleted text begin18deleted text end new text begin16 new text endyears of age or older;

(2) has a licensed second class new text begingrade A new text endor higher class engineer or steam traction
(hobby) engineer sign deleted text beginthedeleted text endnew text begin annew text end affidavit attesting to the applicant's competence in operating
deleted text begin saiddeleted text endnew text begin thesenew text end devicesnew text begin and that the applicant has demonstrated the ability to perform each task
on the list, approved by the chief boiler inspector, of tasks associated with the operation
of the devices
new text end;

(3) new text beginhas at least 50 hours of operating experience on the devices, eight hours of which
must be operating the boiler under load, and up to 16 hours of which may be satisfied by
attendance at a school of instruction in operating the devices;
new text end

new text begin (4) new text endpasses a written test for competence in operating deleted text beginsaiddeleted text end new text beginthe new text enddevices;new text begin and
new text end

deleted text begin (4) has at least 25 hours of actual operating experience on said devices; and
deleted text end

(5) pays the required fee.

A license deleted text beginshall bedeleted text end new text beginis new text endvalid for the lifetime of the licenseenew text begin unless revoked for causenew text end. A
onetime fee pursuant to section 183.545, subdivision 4, shall be charged for the license.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 183.501, is amended to read:


183.501 LICENSE REQUIREMENT.

(a) deleted text beginNo individual shall be entrusted with the operation of ordeleted text end new text beginTonew text end operate deleted text beginanydeleted text end new text begina new text endboiler,
steam engine, or turbine deleted text beginwho has notdeleted text end new text beginan individual must have new text endreceived a license deleted text beginofdeleted text endnew text begin for thenew text end
grade covering that boiler, steam engine or turbine. The license deleted text beginshalldeleted text end new text beginmust new text endbe renewed
annually, except as provided in section 183.411new text begin and except for provisional licenses
described in paragraphs (d) to (g)
new text end.

(b) For purposes of this chapter, "operation" deleted text beginshalldeleted text end new text begindoes new text endnot include monitoring of
an automatic boiler, either through on premises inspection of the boiler or by remote
electronic surveillance, provided that no operations are performed upon the boiler other
than emergency shut down in alarm situations.

(c) No individual under the influence of illegal drugs or alcohol deleted text beginshall be entrusted
with the operation of or shall
deleted text end new text beginmay new text endoperate deleted text beginanydeleted text end new text begina new text endboiler, steam engine, or turbinedeleted text begin,deleted text end or deleted text beginshall
be entrusted with the monitoring of or shall
deleted text end monitor an automatic boiler.

new text begin (d) The commissioner may issue a provisional license to allow an employee of a
high pressure boiler plant to operate boilers greater than 500 horsepower at only that
boiler plant if:
new text end

new text begin (1) the boiler plant has a designated chief engineer in accordance with Minnesota
Rules, part 5225.0410;
new text end

new text begin (2) the boiler plant employee holds a valid license as a second-class engineer,
Grade A or B;
new text end

new text begin (3) the chief engineer in charge of the boiler plant submits an application to the
commissioner on a form prescribed by the commissioner to elicit information on whether
the requirements of this paragraph have been met;
new text end

new text begin (4) the chief engineer in charge of the boiler plant and an authorized representative
of the owner of the boiler plant both sign the application for the provisional license;
new text end

new text begin (5) the owner of the boiler plant has a documented training program with examination
for boilers and equipment at the boiler plant to train and test the boiler plant employee; and
new text end

new text begin (6) if the application were to be granted, the total number of provisional licenses
for employees of the boiler plant would not exceed the total number of properly licensed
first-class engineers and chief engineers responsible for the safe operation of the boilers
at the boiler plant.
new text end

new text begin (e) A public utility, cooperative electric association, generation and transmission
cooperative electric association, municipal power agency, or municipal electric utility
that employs licensed boiler operators who are subject to an existing labor contract may
use a provisional licensee as an operator only if using the provisional licensee does not
violate the labor contract.
new text end

new text begin (f) Each provisional license expires 36 months after the date of issuance unless
revoked less than 36 months after the date of issuance. A provisional license may not be
renewed.
new text end

new text begin (g) The commissioner may issue no more than two provisional licenses to any
individual within a four-year period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 183.51, is amended to read:


183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.

Subdivision 1.

Engineers, classes.

Engineers shall be divided into four classes:

(1) Chief engineers; Grade A, Grade B, and Grade C.

(2) First class engineers; Grade A, Grade B, and Grade C.

(3) Second class engineers; Grade A, Grade B, and Grade C.

(4) Special engineers.

Subd. 2.

Applications.

Any individual who desires an engineer's license shall
submit an application on a written or electronic form prescribed by the commissioner, at
least 15 days before the requested exam date. deleted text beginThe application permitsdeleted text endnew text begin If the commissioner
approves the applicant for examination,
new text end the applicant deleted text begintodeleted text endnew text begin maynew text end take the examination on one
occasion within one year from the date the commissioner receives the application.

Subd. 2a.

Examinations.

Each applicant for a license must pass an examination
developed and administered by the commissioner. The examinations shall be of sufficient
scope to establish the competency of the applicant to operate a boiler of the applicable
license class and grade.

new text begin Subd. 2b. new text end

new text begin Continuing education. new text end

new text begin The commissioner may require continuing
education prior to the renewal of any license. Before requiring continuing education, the
commissioner shall adopt rules that specify the continuing education requirements.
new text end

Subd. 3.

High and low pressure boilers.

For the purposes of this section and
section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor
pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure
exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.

Low pressure boilers shall mean boilers operating at a steam or other vapor pressure
of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed
160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.

Subd. 4.

Chief engineer, Grade A.

An individual seeking licensure as a chief
engineer, Grade A, shall be at least 18 years of age and have experience which verifies that
the individual is competent to take charge of and be responsible for the safe operation and
maintenance of all classes of boilers, steam engines, and turbines and their appurtenances;
and, before receiving a license, the applicant shall take and subscribe an oath attesting to
at least five years actual experience in operating deleted text beginsuchdeleted text end new text beginthenew text end boilersnew text begin except as provided in
subdivision 16
new text end, including at least two years experience in operating deleted text beginsuchdeleted text end new text beginthenew text end engines or
turbinesnew text begin except as provided in subdivision 16new text end.

Subd. 5.

Chief engineer, Grade B.

An individual seeking licensure as a chief
engineer, Grade B, shall be at least 18 years of age and have habits and experience which
justify the belief that the individual is competent to take charge of and be responsible for
the safe operation and maintenance of all classes of boilers and their appurtenances; and,
before receiving a license, the applicant shall take and subscribe an oath attesting to at least
five years actual experience in operating those boilersnew text begin except as provided in subdivision 16new text end.

Subd. 6.

Chief engineer, Grade C.

An individual seeking licensure as a chief
engineer, Grade C, shall be at least 18 years of age and have habits and experience which
justify the belief that the individual is competent to take charge of and be responsible
for the safe operation and maintenance of all classes of low pressure boilers and their
appurtenances, and before receiving a license, the applicant shall take and subscribe
an oath attesting to at least five years of actual experience in operating deleted text beginsuchdeleted text end new text beginthenew text end boilersnew text begin
except as provided in subdivision 16
new text end.

Subd. 7.

First-class engineer, Grade A.

An individual seeking licensure as a
first-class engineer, Grade A, shall be at least 18 years of age and have experience which
verifies that the individual is competent to take charge of and be responsible for the
safe operation and maintenance of all classes of boilers, engines, and turbines and their
appurtenances of not more than deleted text begin300deleted text endnew text begin 500new text end horsepower or to operate as a shift engineer in a
plant of unlimited horsepower. Before receiving a license, the applicant shall take and
subscribe an oath attesting to at least three years actual experience in operating deleted text beginsuchdeleted text end new text beginthenew text end
boilers, including at least two years experience in operating such engines or turbinesnew text begin
except as provided in subdivision 16
new text end.

Subd. 8.

First-class engineer, Grade B.

An individual seeking licensure as
a first-class engineer, Grade B, shall be at least 18 years of age and have habits and
experience which justify the belief that the individual is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of boilers of not
more than deleted text begin300deleted text endnew text begin 500new text end horsepower or to operate as a shift engineer in a plant of unlimited
horsepower. Before receiving a license the applicant shall take and subscribe an oath
attesting to at least three years actual experience in operating deleted text beginsuchdeleted text end new text beginthenew text end boilersnew text begin except as
provided in subdivision 16
new text end.

Subd. 9.

First-class engineer, Grade C.

An individual seeking licensure as
a first-class engineer, Grade C, shall be at least 18 years of age and have habits and
experience which justify the belief that the individual is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of low pressure boilers
and their appurtenances of not more than deleted text begin300deleted text endnew text begin 500new text end horsepower or to operate as a shift
engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the
applicant shall take and subscribe an oath attesting to at least three years actual experience
in operating deleted text beginsuchdeleted text end new text beginthenew text end boilersnew text begin except as provided in subdivision 16new text end.

Subd. 10.

Second-class engineer, Grade A.

An individual seeking licensure as a
second-class engineer, Grade A, shall be at least 18 years of age and have experience
which verifies that the individual is competent to take charge of and be responsible for the
safe operation and maintenance of all classes of boilers, engines, and turbines and their
appurtenances of not more than 100 horsepower or to operate as a shift engineer in a
plant of not more than deleted text begin300deleted text endnew text begin 500new text end horsepower, or to assist the shift engineer, under direct
supervision, in a plant of unlimited horsepower. Before receiving a license the applicant
shall take and subscribe an oath attesting to at least one year of actual experience in
operating deleted text beginsuchdeleted text end new text beginthenew text end boilers, including at least one year of experience in operating deleted text beginsuchdeleted text endnew text begin thenew text end
engines or turbinesnew text begin except as provided in subdivision 16new text end.

Subd. 11.

Second-class engineer, Grade B.

An individual seeking licensure as a
second-class engineer, Grade B, shall be at least 18 years of age and have habits and
experience which justify the belief that the individual is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of boilers of not
more than 100 horsepower or to operate as a shift engineer in a plant of not more than
deleted text begin 300deleted text endnew text begin 500new text end horsepower or to assist the shift engineer, under direct supervision, in a plant of
unlimited horsepower. Before receiving a license the applicant shall take and subscribe
an oath attesting to at least one year of actual experience in operating deleted text beginsuchdeleted text end new text beginthenew text end boilersnew text begin
except as provided in subdivision 16
new text end.

Subd. 12.

Second-class engineer, Grade C.

An individual seeking licensure as a
second-class engineer, Grade C, shall be at least 18 years of age and have habits and
experience which justify the belief that the individual is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of low pressure boilers
and their appurtenances of not more than 100 horsepower or to operate as a shift engineer
in a low pressure plant of not more than deleted text begin300deleted text endnew text begin 500new text end horsepower, or to assist the shift engineer,
under direct supervision, in a low pressure plant of unlimited horsepower. Before receiving
a license, the applicant shall take and subscribe an oath attesting to at least one year of
actual experience in operating deleted text beginsuchdeleted text end new text beginthenew text end boilersnew text begin except as provided in subdivision 16new text end.

Subd. 13.

Special engineer.

new text begin(a)new text end An individual seeking licensure as a special
engineer shall be at least 18 years of age and have habits and experience which justify the
belief that the individual is competent to take charge of and be responsible for the safe
operation and maintenance of all classes of boilers and their appurtenances of not more
than deleted text begin30deleted text endnew text begin 50new text end horsepower or to operate as a shift engineer in a plant of not more than 100
horsepower, or to serve as an apprentice in any plant under the direct supervision of
the properly licensed engineer.

new text begin (b) An individual seeking licensure as a special engineer who is at least 16 years
of age but less than 18 years of age must be enrolled in a course approved by the
commissioner, and have habits and experience that justify the belief that the individual is
competent to take charge of and be responsible for the safe operation and maintenance of
all classes of boilers and their appurtenances of not more than 50 horsepower or to operate
as a shift engineer in a plant of not more than 100 horsepower, or to serve as an apprentice
in any plant under the direct supervision of the properly licensed engineer.
new text end

Subd. 14.

Current boiler operators.

Any individual operating a boiler other
than a steam boiler on or before April 15, 1982, shall be qualified for application for
the applicable class license upon presentation of an affidavit furnished by an inspector
and sworn to by the individual's employer or a chief engineer. new text beginExcept as provided in
subdivision 16,
new text endthe applicant must have at least the number of years of actual experience
specified for the class of license requested and pass the appropriate examination.

Subd. 15.

Rating horsepower.

For the purpose of rating boiler horsepower for
engineer license classifications only: ten square feet of heating surface shall be considered
equivalent to one boiler horsepower for conventional boilers and five square feet of
heating surface equivalent to one boiler horsepower for steam coil type generators.

new text begin Subd. 16. new text end

new text begin Educational offset. new text end

new text begin Notwithstanding the experience requirements in
subdivisions 4 to 14, the commissioner may by rule establish educational equivalencies
that an applicant may meet instead of a portion of the specified operating experience.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:


Subd. 4.

Boiler engineer license fees.

For the following licenses, the nonrefundable
license and application fee is:

(1) chief engineer's license, $50;

(2) first class engineer's license, $50;

(3) second class engineer's license, $50;

(4) special engineer's license, $20; deleted text beginand
deleted text end

(5) traction or hobby boiler engineer's license, $50new text begin; and
new text end

new text begin (6) provisional license, $50new text end.

An engineer's licensenew text begin, except a provisional license,new text end may be renewed upon application
and payment of an annual renewal fee of $20. The annual renewal, if paid later than 30
days after expiration, is $35. The fee for replacement of a current, valid license is $20.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end