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Minnesota Legislature

Office of the Revisor of Statutes

HF 3034

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 1st Unofficial Engrossment

1.1A bill for an act
1.2relating to construction professions; modifying provisions relating to the
1.3electrical, plumbing, water conditioning, boiler, and high-pressure piping
1.4professions;amending Minnesota Statutes 2006, sections 299F.011, subdivision
1.53; 326.244, subdivision 1; 327.32, subdivision 1; 327.33, by adding subdivisions;
1.6327A.04, subdivision 2; 327A.07; 327B.06, subdivision 1; Minnesota Statutes
1.72007 Supplement, sections 16B.64, subdivision 8; 181.723, subdivision 2;
1.8183.60, subdivision 2; 326.01, subdivisions 4b, 5; 326.2415, subdivisions 2, 6;
1.9326.242, subdivisions 2, 3d, 5, 12, by adding subdivisions; 326.244, subdivision
1.105; 326.37, subdivisions 1a, 4; 326.3705, subdivision 1; 326.40, subdivisions 2, 3,
1.11by adding a subdivision; 326.47, subdivision 2; 326.48, subdivisions 1, 2, 2a, 2b,
1.125; 326.50; 326.505, subdivisions 1, 2, 8; 326.62; 326.84, subdivision 1; 326.86,
1.13subdivision 1; 326.87, subdivision 5; 326.93, subdivision 4; 326.94, subdivision
1.142; 326.97, subdivision 1a; 326B.082, subdivisions 8, 10, 11, 12, 13; 326B.083,
1.15subdivision 3; 326B.42, by adding a subdivision; 326B.89, subdivisions 5, 6,
1.1612, 14; 327B.04, subdivision 4; Laws 2007, chapter 140, article 4, section 12;
1.17repealing Minnesota Statutes 2006, section 16B.69; Minnesota Statutes 2007
1.18Supplement, sections 326.2411; 326.372; 326.471; Laws 2007, chapter 9, section
1.191; Laws 2007, chapter 135, article 4, sections 2; 8; article 6, section 3; Laws
1.202007, chapter 140, article 12, section 9; Minnesota Rules, part 3800.3510.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22    Section 1. Minnesota Statutes 2007 Supplement, section 16B.64, subdivision 8, is
1.23amended to read:
1.24    Subd. 8. Effective date of rules. A rule to adopt or amend the state's building code
1.25is effective 180 days after the filing of the rule with the secretary of state under section
1.2614.16 or 14.26. The rule may provide for a different later effective date. The rule may
1.27provide for an earlier effective date if the commissioner or board proposing the rule finds
1.28that a different an earlier effective date is necessary to protect public health and safety
1.29after considering, among other things, the need for time for training of individuals to
1.30comply with and enforce the rule.

2.1    Sec. 2. Minnesota Statutes 2007 Supplement, section 181.723, subdivision 2, is
2.2amended to read:
2.3    Subd. 2. Limited application. This section only applies to individuals performing
2.4public or private sector commercial or residential building construction or improvement
2.5services, as defined in section 326.83. Building construction and improvement services do
2.6not include: (1) the manufacture, supply, or sale of products, materials, or merchandise;
2.7(2) landscaping services for the maintenance or removal of existing plants, shrubs, trees,
2.8and other vegetation, whether or not the services are provided as part of a contract for
2.9the building construction or improvement services; and (3) all other landscaping services,
2.10unless the other landscaping services are provided as part of a contract for the building
2.11construction or improvement services.

2.12    Sec. 3. Minnesota Statutes 2007 Supplement, section 183.60, subdivision 2, is
2.13amended to read:
2.14    Subd. 2. Repair violation. No A person who repairs a boiler or pressure vessel by
2.15welding or riveting so as not to must meet the minimum requirements established by the
2.16current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection
2.17code and the rules of the department.

2.18    Sec. 4. Minnesota Statutes 2006, section 299F.011, subdivision 3, is amended to read:
2.19    Subd. 3. Rules for code administration and enforcement. The commissioner
2.20of public safety shall adopt rules as may be necessary to administer and enforce the
2.21code, specifically including but not limited to rules for inspection of buildings and other
2.22structures covered by the code and conforming the code to the governmental organization
2.23of Minnesota state agencies, political subdivisions and local governments.

2.24    Sec. 5. Minnesota Statutes 2007 Supplement, section 326.01, subdivision 4b, is
2.25amended to read:
2.26    Subd. 4b. Elevator contractor. "Elevator contractor" means a licensed contractor
2.27whose responsible licensed individual is a licensed master elevator constructor. An
2.28elevator contractor license does not itself qualify its holder to perform or supervise the
2.29electrical or elevator work authorized by holding any other a personal license issued by
2.30the commissioner.

2.31    Sec. 6. Minnesota Statutes 2007 Supplement, section 326.01, subdivision 5, is
2.32amended to read:
3.1    Subd. 5. Contractor. "Contractor" means a person who performs or offers to
3.2perform any electrical work, with or without compensation, who is licensed as a contractor
3.3by the commissioner. A contractor's license does not of itself qualify its holder to perform
3.4or supervise the electrical work authorized by holding any class of electrician's or other
3.5personal electrical license. Contractor includes electrical contractors and technology
3.6system contractors.

3.7    Sec. 7. Minnesota Statutes 2007 Supplement, section 326.2415, subdivision 2, is
3.8amended to read:
3.9    Subd. 2. Powers; duties; administrative support. (a) The board shall have the
3.10power to:
3.11    (1) elect its chair, vice-chair, and secretary;
3.12    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
3.13and containing such other provisions as may be useful and necessary for the efficient
3.14conduct of the business of the board;
3.15    (3) adopt the Minnesota Electrical Code shall, which must be the most current
3.16edition of the National Electrical Code upon its adoption by the board and any amendments
3.17thereto as adopted by the board. The board shall adopt the most current edition of the
3.18National Electrical Code and any amendments thereto pursuant to chapter 14 and as
3.19provided in subdivision 6, paragraphs (b) and (c);
3.20    (4) review requests for final interpretations and issue final interpretations as provided
3.21in section 16B.63, subdivision 5;
3.22    (5) adopt rules that regulate the licensure or registration of electrical businesses,
3.23electrical contractors, master electricians, journeyman electricians, Class A installer,
3.24Class B installer, power limited technicians, and other persons who perform electrical
3.25work except for those individuals licensed under section 326.02, subdivisions 2 and 3.
3.26The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
3.276, paragraphs (d) and (e);
3.28    (6) adopt rules that regulate continuing education for individuals licensed or
3.29registered as electrical businesses, electrical contractors, master electricians, journeyman
3.30electricians, Class A installer, Class B installer, power limited technicians, and other
3.31persons who perform electrical work. The board shall adopt these rules pursuant to chapter
3.3214 and as provided in subdivision 6, paragraph paragraphs (d) and (e);
3.33    (7) advise the commissioner regarding educational requirements for electrical
3.34inspectors;
4.1    (8) refer complaints or other communications to the commissioner, whether oral or
4.2in writing, as provided in subdivision 8, that alleges allege or implies imply a violation
4.3of a statute, rule, or order that the commissioner has the authority to enforce pertaining
4.4to code compliance, licensure, registration, or an offering to perform or performance
4.5of unlicensed electrical services;
4.6    (9) approve per diem and expenses deemed necessary for its members as provided in
4.7subdivision 3;
4.8    (10) approve license reciprocity agreements;
4.9    (11) select from its members individuals to serve on any other state advisory council,
4.10board, or committee; and
4.11    (12) recommend the fees for licenses and certifications.
4.12    Except for the powers granted to the Plumbing Board, Board of Electricity, and
4.13the Board of High Pressure Piping Systems, the commissioner of labor and industry
4.14shall administer and enforce the provisions of this chapter and any rules promulgated
4.15pursuant thereto.
4.16    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
4.17    (c) The commissioner shall coordinate the board's rulemaking and recommendations
4.18with the recommendations and rulemaking conducted by all of the other boards created
4.19pursuant to chapter 326B. The commissioner shall provide staff support to the board. The
4.20support includes professional, legal, technical, and clerical staff necessary to perform
4.21rulemaking and other duties assigned to the board. The commissioner of labor and
4.22industry shall supply necessary office space and supplies to assist the board in its duties.

4.23    Sec. 8. Minnesota Statutes 2007 Supplement, section 326.2415, subdivision 6, is
4.24amended to read:
4.25    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
4.26members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
4.27majority of members of the board qualified to vote on the matter in question. All questions
4.28concerning the manner in which a meeting is conducted or called that is not covered
4.29by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
4.30specified by the bylaws.
4.31    (b) Each electrical code amendment considered by the board that receives an
4.32affirmative two-thirds or more majority vote of all of the voting members of the board
4.33shall be included in the next electrical code rulemaking proceeding initiated by the board.
4.34If an electrical code amendment considered, or reconsidered, by the board receives less
4.35than a two-thirds majority vote of all of the voting members of the board, the electrical
5.1code amendment shall not be included in the next electrical code rulemaking proceeding
5.2initiated by the board.
5.3    (c) The board may reconsider electrical code amendments during an active electrical
5.4code rulemaking proceeding in which the amendment previously failed to receive a
5.5two-thirds majority vote or more of all of the voting members of the board only if new
5.6or updated information that affects the electrical code amendment is presented to the
5.7board. The board may also reconsider failed electrical code amendments in subsequent
5.8electrical code rulemaking proceedings.
5.9    (d) Each proposed rule and rule amendment considered by the board pursuant to the
5.10rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that
5.11receives an affirmative majority vote of all of the voting members of the board shall be
5.12included in the next rulemaking proceeding initiated by the board. If a proposed rule or
5.13rule amendment considered, or reconsidered, by the board receives less than an affirmative
5.14majority vote of all of the voting members of the board, the proposed rule or rule
5.15amendment shall not be included in the next rulemaking proceeding initiated by the board.
5.16    (e) The board may reconsider proposed rule rules or rule amendment amendments
5.17during an active rulemaking proceeding in which the amendment previously failed to
5.18receive an affirmative majority vote of all of the voting members of the board only if new
5.19or updated information that affects the proposed rule or rule amendment is presented to
5.20the board. The board may also reconsider failed proposed rule rules or rule amendment
5.21amendments in subsequent rulemaking proceedings.

5.22    Sec. 9. Minnesota Statutes 2007 Supplement, section 326.242, subdivision 2, is
5.23amended to read:
5.24    Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law, no
5.25individual shall perform and supervise any electrical work except for planning or laying
5.26out of electrical work unless:
5.27    (1) the individual is licensed by the commissioner as a journeyman electrician; and
5.28    (2) the electrical work is:
5.29    (i) for a contractor and the individual is an employee, partner, or officer of the
5.30licensed contractor; or
5.31    (ii) performed under the supervision of a master electrician also employed by
5.32the individual's employer on electrical wiring, apparatus, equipment, or facilities that
5.33are owned or leased by the employer and that are located within the limits of property
5.34operated, maintained, and either owned or leased by the employer.
6.1    (b) An applicant for a Class A journeyman electrician license shall have had at
6.2least four years of experience, acceptable to the commissioner, in wiring for, installing,
6.3and repairing electrical wiring, apparatus, or equipment, provided however, that the
6.4commissioner may by rule allow one year of experience credit for the successful
6.5completion of a two-year post high school electrical course approved by the commissioner
6.6may be allowed.
6.7    (c) As of August 1, 1985, no new Class B journeyman electrician licenses shall be
6.8issued. An individual who holds a Class B journeyman electrician license as of August 1,
6.91985, may retain and renew the license and exercise the privileges it grants, which include
6.10electrical work limited to single phase systems, not over 200 amperes in capacity, on
6.11farmsteads or on single-family dwellings located in towns or municipalities with fewer
6.12than 2,500 inhabitants.

6.13    Sec. 10. Minnesota Statutes 2007 Supplement, section 326.242, subdivision 3d,
6.14is amended to read:
6.15    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no
6.16individual shall install, alter, repair, plan, lay out, or supervise the installing, altering,
6.17repairing, planning, or laying out of electrical wiring, apparatus, or equipment for
6.18technology circuits or systems unless:
6.19    (1) the individual is licensed by the commissioner as a power limited technician; and
6.20    (2) the electrical work is:
6.21    (i) for a licensed contractor and the individual is an employee, partner, or officer of,
6.22or is the licensed contractor; or
6.23    (ii) performed under the direct supervision of a master electrician or power limited
6.24technician also employed by the individual's employer on technology circuits, systems,
6.25apparatus, equipment, or facilities that are owned or leased by the employer and that are
6.26located within the limits of property operated, maintained, and either owned or leased by
6.27the employer.
6.28    (b) An applicant for a power limited technician's license shall (1) be a graduate of
6.29a four-year electrical course offered by an accredited college or university; or (2) have
6.30had at least 36 months' experience, acceptable to the board commissioner, in planning for,
6.31laying out, supervising, installing, altering, and repairing wiring, apparatus, or equipment
6.32for power limited systems, provided however, that the board may by rule provide for the
6.33allowance of up to 12 months (2,000 hours) of experience credit for successful completion
6.34of a two-year post high school electrical course or other technical training approved by
6.35the board commissioner may be allowed.
7.1    (c) Licensees must attain 16 hours of continuing education acceptable to the board
7.2every renewal period.
7.3    (d) A company holding an alarm and communication license as of June 30, 2003,
7.4may designate one individual who may obtain a power limited technician license without
7.5passing an examination administered by the commissioner by submitting an application
7.6and license fee of $30.
7.7    (e) A person who has submitted an application by December 30, 2007, to take the
7.8power limited technician examination administered by the department is not required to
7.9meet the qualifications set forth in paragraph (b).

7.10    Sec. 11. Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding
7.11a subdivision to read:
7.12    Subd. 3e. Elevator constructor. (a) An individual licensed as an elevator
7.13constructor may install, maintain, and repair electrical wiring, apparatus, and equipment
7.14for elevators and escalators while in the employ of an elevator contractor or Class A
7.15electrical contractor.
7.16    (b) An applicant for an elevator constructor's license shall have at least 36 months'
7.17experience, acceptable to the commissioner, in wiring for, installing, and repairing
7.18electrical wiring, apparatus, or equipment for elevators and escalators, provided, however,
7.19that one year of experience credit for the completion of a two-year post-high school
7.20electrical course approved by the commissioner may be allowed.

7.21    Sec. 12. Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding
7.22a subdivision to read:
7.23    Subd. 3f. Lineman. (a) An individual licensed as a lineman may install, maintain,
7.24and repair transmission and distribution systems that are or will be owned or leased by an
7.25electric utility.
7.26    (b) An applicant for a lineman's license shall have at least 48 months' experience,
7.27acceptable to the commissioner, in wiring for, installing, and repairing electrical wiring,
7.28apparatus, or equipment for an electrical utility.

7.29    Sec. 13. Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding
7.30a subdivision to read:
7.31    Subd. 3g. Maintenance electrician. (a) An individual licensed as a maintenance
7.32electrician may maintain and repair electrical wiring, apparatus, and equipment while in
7.33the employ of a contractor, or as a full-time employee of a single employer while engaged
8.1in the maintenance and repair of electrical wiring, apparatus, and equipment owned or
8.2leased by the employer and located within the limits of property owned or leased by
8.3the employer.
8.4    (b) An applicant for a maintenance electrician's license shall have at least 48 months'
8.5experience, acceptable to the commissioner, in wiring for, installing, and repairing
8.6electrical wiring, apparatus, or equipment, provided, however, that one year of experience
8.7credit for the completion of a two-year post-high school electrical course approved by the
8.8commissioner may be allowed.

8.9    Sec. 14. Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding
8.10a subdivision to read:
8.11    Subd. 3h. Master elevator constructor. (a) An individual licensed as a master
8.12elevator constructor may, while licensed as an elevator electrical contractor or while
8.13in the employ of an elevator contractor or Class A electrical contractor, plan, lay out,
8.14supervise and install, maintain, and repair wiring, apparatus, and equipment for elevators
8.15and escalators.
8.16    (b) An applicant for a master elevator constructor's license shall have at least 60
8.17months' experience, acceptable to the commissioner, in wiring for, installing, and repairing
8.18electrical wiring, apparatus, or equipment for elevators and escalators, provided, however,
8.19that one year of experience credit for the completion of a two-year post-high school
8.20electrical course approved by the commissioner may be allowed.

8.21    Sec. 15. Minnesota Statutes 2007 Supplement, section 326.242, subdivision 5, is
8.22amended to read:
8.23    Subd. 5. Unlicensed individuals. (a) An unlicensed individual means an individual
8.24who has not been licensed by the department to perform specific electrical work. An
8.25unlicensed individual shall not perform electrical work required to be performed by a
8.26licensed individual unless the individual has first registered with the department as an
8.27unlicensed individual. Thereafter, an unlicensed individual shall not perform electrical
8.28work required to be performed by a licensed individual unless the work is performed
8.29under the direct supervision of an individual actually licensed to perform such work. The
8.30licensed individual and unlicensed individual must be employed by the same employer.
8.31Licensed individuals shall not permit unlicensed individuals to perform electrical work
8.32except under the direct supervision of an individual actually licensed to perform such
8.33work. Unlicensed individuals shall not supervise the performance of electrical work or
8.34make assignments of electrical work to unlicensed individuals. Except for technology
9.1circuit circuits or system systems work, licensed individuals shall supervise no more
9.2than two unlicensed individuals. For technology circuit circuits or system systems work,
9.3licensed individuals shall supervise no more than three unlicensed individuals.
9.4    (b) Notwithstanding any other provision of this section, no individual other than a
9.5master electrician or power limited technician shall plan or lay out electrical wiring,
9.6apparatus, or equipment for light, heat, power, or other purposes, except circuits or
9.7systems exempted from personal licensing by subdivision 12, paragraph (b).
9.8    (c) Contractors employing unlicensed individuals to perform electrical work shall
9.9maintain records establishing compliance with this subdivision that shall identify all
9.10unlicensed individuals performing electrical work, except for individuals working on
9.11circuits or systems exempted from personal licensing by subdivision 12, paragraph (b),
9.12and shall permit the department to examine and copy all such records.
9.13    (d) When a licensed individual supervises the electrical work of an unlicensed
9.14individual, the licensed individual is responsible for ensuring that the electrical work
9.15complies with the Minnesota Electrical Act and all rules adopted under the act.

9.16    Sec. 16. Minnesota Statutes 2007 Supplement, section 326.242, subdivision 12,
9.17is amended to read:
9.18    Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance
9.19electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399
9.20if:
9.21    (1) the individual is engaged in the maintenance and repair of electrical equipment,
9.22apparatus, and facilities that are owned or leased by the individual's employer and that are
9.23located within the limits of property operated, maintained, and either owned or leased by
9.24the individual's employer;
9.25    (2) the individual is supervised by:
9.26    (i) the responsible master electrician for a contractor who has contracted with the
9.27individual's employer to provide services for which a contractor's license is required; or
9.28    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
9.29engineer, or, if the maintenance and repair work is limited to technology circuit and system
9.30circuits or systems work, a licensed power limited technician; and
9.31    (3) the individual's employer has filed with the commissioner a certificate of
9.32responsible person, signed by the responsible master electrician of the contractor, the
9.33licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
9.34the licensed power limited technician, and stating that the person signing the certificate is
10.1responsible for ensuring that the maintenance and repair work performed by the employer's
10.2employees complies with the Minnesota Electrical Act and the rules adopted under that act.
10.3    (b) Employees of a licensed electrical or technology systems contractor or other
10.4employer where provided with supervision by a master electrician in accordance with
10.5subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
10.6(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399
10.7for the planning, laying out, installing, altering, and repairing of technology circuits or
10.8systems except planning, laying out, or installing:
10.9    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
10.10control circuits or systems other than class 2 or class 3, except circuits that interconnect
10.11these systems through communication, alarm, and security systems are exempted from
10.12this paragraph;
10.13    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
10.14physically unprotected circuits other than class 2 or class 3; or
10.15    (3) technology circuits and or systems in hazardous classified locations as covered
10.16by chapter 5 of the National Electrical Code.
10.17    (c) Companies and their employees that plan, lay out, install, alter, or repair class
10.182 and class 3 remote control wiring associated with plug or cord and plug connected
10.19appliances other than security or fire alarm systems installed in a residential dwelling are
10.20not required to hold a license under sections 326B.31 to 326B.399.
10.21    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
10.22employees are not required to hold or obtain a license under sections 326B.31 to 326B.399
10.23when performing heating, ventilating, air conditioning, or refrigeration work as described
10.24in section 326.245.
10.25    (e) Employees of any electrical, communications, or railway utility, cable
10.26communications company as defined in section 238.02, or a telephone company as defined
10.27under section 237.01 or its employees, or of any independent contractor performing work
10.28on behalf of any such utility, cable communications company, or telephone company, shall
10.29not be required to hold a license under sections 326B.31 to 326B.399:
10.30    (1) while performing work on installations, materials, or equipment which are owned
10.31or leased, and operated and maintained by such utility, cable communications company, or
10.32telephone company in the exercise of its utility, antenna, or telephone function, and which
10.33    (i) are used exclusively for the generation, transformation, distribution, transmission,
10.34or metering of electric current, or the operation of railway signals, or the transmission
10.35of intelligence and do not have as a principal function the consumption or use of electric
11.1current or provided service by or for the benefit of any person other than such utility, cable
11.2communications company, or telephone company, and
11.3    (ii) are generally accessible only to employees of such utility, cable communications
11.4company, or telephone company or persons acting under its control or direction, and
11.5    (iii) are not on the load side of the service point or point of entrance for
11.6communication systems;
11.7    (2) while performing work on installations, materials, or equipment which are a part
11.8of the street lighting operations of such utility; or
11.9    (3) while installing or performing work on outdoor area lights which are directly
11.10connected to a utility's distribution system and located upon the utility's distribution poles,
11.11and which are generally accessible only to employees of such utility or persons acting
11.12under its control or direction.
11.13    (f) An owner shall not be required to hold or obtain a license under sections 326B.31
11.14to 326B.399.

11.15    Sec. 17. Minnesota Statutes 2006, section 326.244, subdivision 1, is amended to read:
11.16    Subdivision 1. Required inspection. Except where any political subdivision has by
11.17ordinance provided for electrical inspection similar to that herein provided, every new
11.18electrical installation in any construction, remodeling, replacement, or repair, except
11.19minor repair work as the same is defined by the board by rule, shall be inspected by the
11.20board commissioner for compliance with accepted standards of construction for safety
11.21to life and property.

11.22    Sec. 18. Minnesota Statutes 2007 Supplement, section 326.244, subdivision 5, is
11.23amended to read:
11.24    Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall
11.25not be subject to inspection under sections 326B.31 to 326B.399:
11.26    (1) when owned or leased, operated and maintained by any employer whose
11.27maintenance electricians are exempt from licensing under sections 326B.31 to 326B.399,
11.28while performing electrical maintenance work only as defined by board rule;
11.29    (2) when owned or leased, and operated and maintained by any electrical,
11.30communications, or railway utility, cable communications company as defined in section
11.31238.02 , or telephone company as defined under section 237.01, in the exercise of its
11.32utility, antenna, or telephone function; and
11.33    (i) are used exclusively for the generations, transformation, distribution,
11.34transmission, or metering of electric current, or the operation of railway signals, or the
12.1transmission of intelligence, and do not have as a principal function the consumption or
12.2use of electric current by or for the benefit of any person other than such utility, cable
12.3communications company, or telephone company; and
12.4    (ii) are generally accessible only to employees of such utility, cable communications
12.5company, or telephone company or persons acting under its control or direction; and
12.6    (iii) are not on the load side of the service point or point of entrance for
12.7communication systems;
12.8    (3) when used in the street lighting operations of an electrical utility;
12.9    (4) when used as outdoor area lights which are owned and operated by an electrical
12.10utility and which are connected directly to its distribution system and located upon the
12.11utility's distribution poles, and which are generally accessible only to employees of such
12.12utility or persons acting under its control or direction;
12.13    (5) when the installation, material, and equipment are in facilities subject to the
12.14jurisdiction of the federal Mine Safety and Health Act; or
12.15    (6) when the installation, material, and equipment is part of an elevator installation
12.16for which the elevator contractor, licensed under section 326.242, is required to obtain
12.17a permit from the authority having jurisdiction as provided by section 16B.747, and the
12.18inspection has been or will be performed by an elevator inspector certified and licensed
12.19by the department. This exemption shall apply only to installations, material, and
12.20equipment permitted or required to be connected on the load side of the disconnecting
12.21means required for elevator equipment under National Electrical Code Article 620, and
12.22elevator communications and alarm systems within the machine room, car, hoistway, or
12.23elevator lobby.

12.24    Sec. 19. Minnesota Statutes 2007 Supplement, section 326.37, subdivision 1a, is
12.25amended to read:
12.26    Subd. 1a. Agreements with municipalities. The commissioner may enter into an
12.27agreement with a municipality, in which the municipality agrees to perform plan and
12.28specification reviews required to be performed by the commissioner under Minnesota
12.29Rules, part 4715.3130, if:
12.30    (a) the municipality has adopted:
12.31    (1) the plumbing code;
12.32    (2) an ordinance that requires plumbing plans and specifications to be submitted to,
12.33reviewed, and approved by the municipality, except as provided in paragraph (h) (n);
12.34    (3) an ordinance that authorizes the municipality to perform inspections required by
12.35the plumbing code; and
13.1    (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
13.2entirety, except as provided in paragraph (p);
13.3    (b) the municipality agrees to review plumbing plans and specifications for all
13.4construction for which the plumbing code requires the review of plumbing plans and
13.5specifications, except as provided in paragraph (n);
13.6    (c) the municipality agrees that, when it reviews plumbing plans and specifications
13.7under paragraph (b), the review will:
13.8    (1) reflect the degree to which the plans and specifications affect the public health
13.9and conform to the provisions of the plumbing code;
13.10    (2) ensure that there is no physical connection between water supply systems that
13.11are safe for domestic use and those that are unsafe for domestic use; and
13.12    (3) ensure that there is no apparatus through which unsafe water may be discharged
13.13or drawn into a safe water supply system;
13.14    (d) the municipality agrees to perform all inspections required by the plumbing
13.15code in connection with projects for which the municipality reviews plumbing plans and
13.16specifications under paragraph (b);
13.17    (e) the commissioner determines that the individuals who will conduct the
13.18inspections and the plumbing plan and specification reviews for the municipality do not
13.19have any conflict of interest in conducting the inspections and the plan and specification
13.20reviews;
13.21    (f) individuals who will conduct the plumbing plan and specification reviews for
13.22the municipality are:
13.23    (1) licensed master plumbers;
13.24    (2) licensed professional engineers; or
13.25    (3) individuals who are working under the supervision of a licensed professional
13.26engineer or licensed master plumber and who are licensed master or journeyman plumbers
13.27or hold a postsecondary degree in engineering;
13.28    (g) individuals who will conduct the plumbing plan and specification reviews for
13.29the municipality have passed a competency assessment required by the commissioner to
13.30assess the individual's competency at reviewing plumbing plans and specifications;
13.31    (h) individuals who will conduct the plumbing inspections for the municipality
13.32are licensed master or journeyman plumbers, or inspectors meeting the competency
13.33requirements established in rules adopted under section 16B.655;
13.34    (i) the municipality agrees to enforce in its entirety the plumbing code on all
13.35projects, except as provided in paragraph (p);
14.1    (j) the municipality agrees to keep official records of all documents received,
14.2including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
14.3and certificates issued, reports of inspections, and notices issued in connection with
14.4plumbing inspections and the review of plumbing plans and specifications;
14.5    (k) the municipality agrees to maintain the records described in paragraph (j) in the
14.6official records of the municipality for the period required for the retention of public
14.7records under section 138.17, and shall make these records readily available for review at
14.8the request of the commissioner;
14.9    (l) the municipality and the commissioner agree that if at any time during the
14.10agreement the municipality does not have in effect the plumbing code or any of ordinances
14.11described in item paragraph (a), or if the commissioner determines that the municipality
14.12is not properly administering and enforcing the plumbing code or is otherwise not
14.13complying with the agreement:
14.14    (1) the commissioner may, effective 14 days after the municipality's receipt of
14.15written notice, terminate the agreement;
14.16    (2) the municipality may challenge the termination in a contested case before the
14.17commissioner pursuant to the Administrative Procedure Act; and
14.18    (3) while any challenge is pending under item clause (2), the commissioner shall
14.19perform plan and specification reviews within the municipality under Minnesota Rules,
14.20part 4715.3130;
14.21    (m) the municipality and the commissioner agree that the municipality may terminate
14.22the agreement with or without cause on 90 days' written notice to the commissioner;
14.23    (n) the municipality and the commissioner agree that the municipality shall forward
14.24to the state for review all plumbing plans and specifications for the following types of
14.25projects within the municipality:
14.26    (1) hospitals, nursing homes, supervised living facilities, and similar
14.27health-care-related facilities regulated by the Minnesota Department of Health;
14.28    (2) buildings owned by the federal or state government; and
14.29    (3) projects of a special nature for which department review is requested by either
14.30the municipality or the state;
14.31    (o) where the municipality forwards to the state for review plumbing plans and
14.32specifications, as provided in paragraph (n), the municipality shall not collect any fee for
14.33plan review, and the commissioner shall collect all applicable fees for plan review; and
14.34    (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
14.35license issued by the state.

15.1    Sec. 20. Minnesota Statutes 2007 Supplement, section 326.37, subdivision 4, is
15.2amended to read:
15.3    Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
15.4Mechanical devices and fittings with internal moving parts are prohibited from installation
15.5in plumbing venting systems.
15.6    (b) All urinals covered under the jurisdiction of the State Plumbing Code must have
15.7a water flush device with a volume of not more than one gallon per use.

15.8    Sec. 21. Minnesota Statutes 2007 Supplement, section 326.3705, subdivision 1,
15.9is amended to read:
15.10    Subdivision 1. Composition. (a) The Plumbing Board shall consist of 14 members.
15.11Twelve members shall be appointed by the governor with the advice and consent of the
15.12senate and shall be voting members. Appointments of members by the governor shall be
15.13made in accordance with section 15.066. If the senate votes to refuse to consent to an
15.14appointment of a member made by the governor, the governor shall appoint a new member
15.15with the advice and consent of the senate. One member shall be the commissioner of
15.16labor and industry or the commissioner of labor and industry's designee, who shall be a
15.17voting member. One member shall be the commissioner of health or the commissioner of
15.18health's designee, who shall not be a voting member. Of the 12 appointed members, the
15.19composition shall be as follows:
15.20    (1) two members shall be municipal plumbing inspectors, one from the metropolitan
15.21area and one from greater Minnesota;
15.22    (2) one member shall be a licensed professional engineer specializing in plumbing
15.23designs or systems;
15.24    (3) two members shall be commercial/industrial plumbing contractors, one from the
15.25metropolitan area and one from greater Minnesota;
15.26    (4) one member shall be a residential plumbing contractor;
15.27    (5) two members shall be commercial/industrial journeymen, one from the
15.28metropolitan area and one from greater Minnesota;
15.29    (6) one member shall be a residential plumbing journeyman;
15.30    (7) one member shall be a water conditioning contractor;
15.31    (8) one member shall be a municipal public water supply system operator or
15.32superintendent; and
15.33    (9) one member shall be a public member as defined by section 214.02.
15.34One of the municipal plumbing inspectors shall be appointed for an initial term to end on
15.35December 31, 2010. The other municipal plumbing inspector shall be appointed for an
16.1initial term to end on December 31, 2011. The professional engineer shall be appointed for
16.2an initial term to end on December 31, 2011. One of the commercial/industrial plumbing
16.3contractors shall be appointed for an initial term to end on December 31, 2010. The other
16.4commercial/industrial plumbing contractor shall be appointed for an initial term to end
16.5on December 31, 2011. The residential plumbing contractor shall be appointed for an
16.6initial term to end on December 31, 2010. One of the commercial/industrial plumbing
16.7journeymen shall be appointed for an initial term to end on December 31, 2011. The
16.8other commercial/industrial plumbing journeyman shall be appointed for an initial term
16.9to end on December 31, 2010. The residential plumbing journeyman shall be appointed
16.10for an initial term to end on December 31, 2011. The water conditioning contractor shall
16.11be appointed for an initial term to end on December 31, 2011. The municipal public
16.12water supply system operator or superintendent shall be appointed for an initial term to
16.13end on December 31, 2010. The public member shall be appointed for a term to end
16.14December 31, 2010.
16.15    (b) The licensed professional engineer must possess a current Minnesota professional
16.16engineering license and maintain the license for the duration of their term. All other
16.17appointed members, except for the water conditioning contractor, the public member, and
16.18the municipal public water supply system operator or superintendent, must possess a
16.19current plumbing license issued by the Department of Labor and Industry and maintain
16.20that license for the duration of their term. The water conditioning contractor must be
16.21licensed as a water conditioning contractor by the Department of Labor and Industry and
16.22maintain the license for the duration of the term on the board. All appointed members
16.23must be residents of Minnesota at the time of and throughout the member's appointment.
16.24The term of any appointed member that does not maintain membership qualification status
16.25shall end on the date of the status change and the governor shall appoint a new member. It
16.26is the responsibility of the member to notify the board of the member's status change.
16.27    (c) For appointed members, except the initial terms designated in paragraph (a), each
16.28term shall be three years with the terms ending on December 31. Members appointed by
16.29the governor shall be limited to three consecutive terms. The governor shall, all or in part,
16.30reappoint the current members or appoint replacement members with the advice and
16.31consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
16.32term. Vacancies occurring with less than six months time remaining in the term shall be
16.33filled for the existing term and the following three-year term. Members may serve until
16.34their successors are appointed but in no case later than July 1 in a year in which the term
16.35expires unless reappointed.

17.1    Sec. 22. Minnesota Statutes 2007 Supplement, section 326.40, subdivision 2, is
17.2amended to read:
17.3    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give
17.4bond to the state in the amount of $25,000 for all work entered into within the state. The
17.5bond shall be for the benefit of persons injured or suffering financial loss by reason of
17.6failure to comply with the requirements of the State Plumbing Code. The bond shall
17.7be filed with the commissioner and shall be written by a corporate surety licensed to
17.8do business in the state.
17.9    In addition, each applicant for a master plumber license or restricted master plumber
17.10license, or renewal thereof, shall provide evidence of public liability insurance, including
17.11products liability insurance with limits of at least $50,000 per person and $100,000 per
17.12occurrence and property damage insurance with limits of at least $10,000. The insurance
17.13shall be written by an insurer licensed to do business in the state of Minnesota and
17.14each licensed master plumber shall maintain on file with the commissioner a certificate
17.15evidencing the insurance providing that the insurance shall not be canceled without the
17.16insurer first giving 15 days written notice to the commissioner. The term of the insurance
17.17shall be concurrent with the term of the license.

17.18    Sec. 23. Minnesota Statutes 2007 Supplement, section 326.40, subdivision 3, is
17.19amended to read:
17.20    Subd. 3. Bond and insurance exemption. If a master plumber or restricted master
17.21plumber who is in compliance with the bond and insurance requirements of subdivision 2,
17.22employs another master a licensed plumber, the employee master plumber shall not be
17.23required to meet the bond and insurance requirements of subdivision 2. A master plumber
17.24An individual who is an employee working on the maintenance and repair of plumbing
17.25equipment, apparatus, or facilities owned or leased by their the individual's employer and
17.26which is within the limits of property owned or leased, and operated or maintained by
17.27their the individual's employer, shall not be required to meet the bond and insurance
17.28requirements of subdivision 2.

17.29    Sec. 24. Minnesota Statutes 2007 Supplement, section 326.40, is amended by adding a
17.30subdivision to read:
17.31    Subd. 6. Exterior connections. Persons licensed as manufactured home installers
17.32under chapter 327B are not required to be licensed under sections 326B.42 to 326B.49
17.33when connecting the exterior building drain sewer outlets to the above ground building
17.34sewer system and when connecting the exterior water line to the above ground water
18.1system to the manufactured home as described in National Manufactured Housing
18.2Construction and Safety Standards Act of 1974, United States Code, title 42, section 5401
18.3et seq. No additional licensure, bond, or insurance related to the scope of work permitted
18.4under this subdivision may be required of a licensed manufactured home installer by
18.5any unit of government.
18.6EFFECTIVE DATE.This section is effective the day following final enactment.

18.7    Sec. 25. Minnesota Statutes 2007 Supplement, section 326.47, subdivision 2, is
18.8amended to read:
18.9    Subd. 2. Permissive municipal regulation. The commissioner may enter into an
18.10agreement with a municipality, in which the municipality agrees to perform inspections
18.11and issue permits for the construction and installation of high pressure piping systems
18.12within the municipality's geographical area of jurisdiction, if:
18.13    (a) The municipality has adopted:
18.14    (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
18.155230.6200;
18.16    (2) an ordinance that authorizes the municipality to issue permits to persons holding
18.17a high pressure piping business license issued by the department and only for construction
18.18or installation that would, if performed properly, fully comply with all Minnesota Statutes
18.19and Minnesota Rules;
18.20    (3) an ordinance that authorizes the municipality to perform the inspections that are
18.21required under Minnesota Statutes or Minnesota Rules of governing the construction and
18.22installation of high pressure piping systems; and
18.23    (4) an ordinance that authorizes the municipality to enforce the code for power
18.24piping systems in its entirety.
18.25    (b) The municipality agrees to issue permits only to persons holding a high pressure
18.26piping business license as required by law at the time of the permit issuance, and only for
18.27construction or installation that would, if performed properly, comply with all Minnesota
18.28Statutes and Minnesota Rules governing the construction or installation of high pressure
18.29piping systems.
18.30    (c) The municipality agrees to issue permits only on forms approved by the
18.31department.
18.32    (d) The municipality agrees that, for each permit issued by the municipality, the
18.33municipality shall perform one or more inspections of the construction or installation to
18.34determine whether the construction or installation complies with all Minnesota Statutes
19.1and Minnesota Rules governing the construction or installation of high pressure piping
19.2systems, and shall prepare a written report of each inspection.
19.3    (e) The municipality agrees to notify the commissioner within 24 hours after the
19.4municipality discovers any violation of the licensing laws related to high pressure piping.
19.5    (f) The municipality agrees to notify the commissioner immediately if the
19.6municipality discovers that any entity has failed to meet a deadline set by the municipality
19.7for correction of a violation of the high pressure piping laws.
19.8    (g) The commissioner determines that the individuals who will conduct the
19.9inspections for the municipality do not have any conflict of interest in conducting the
19.10inspections.
19.11    (h) Individuals who will conduct the inspections for the municipality are permanent
19.12employees of the municipality and are licensed contracting high pressure pipefitters or
19.13licensed journeyman high pressure pipefitters.
19.14    (i) The municipality agrees to notify the commissioner within ten days of any
19.15changes in the names or qualifications of the individuals who conduct the inspections
19.16for the municipality.
19.17    (j) The municipality agrees to enforce in its entirety the code for power piping
19.18systems on all projects.
19.19    (k) The municipality shall not approve any piping installation unless the installation
19.20conforms to all applicable provisions of the high pressure piping laws in effect at the
19.21time of the installation.
19.22    (l) The municipality agrees to promptly require compliance or revoke a permit that
19.23it has issued if there is noncompliance with any of the applicable provisions of the high
19.24pressure piping laws in connection with the work covered by the permit. The municipality
19.25agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
19.26violated.
19.27    (m) The municipality agrees to keep official records of all documents received,
19.28including permit applications, and of all permits issued, reports of inspections, and notices
19.29issued in connection with inspections.
19.30    (n) The municipality agrees to maintain the records described in paragraph (m) in
19.31the official records of the municipality for the period required for the retention of public
19.32records under section 138.17, and shall make these records readily available for review
19.33according to section 13.37.
19.34    (o) Not later than the tenth day of each month, the municipality shall submit to the
19.35commissioner a report of all high pressure piping permits issued by the municipality during
20.1the preceding month. This report shall be in a format approved by the commissioner
20.2and shall include:
20.3    (1) the name of the contractor;
20.4    (2) the license number of the contractor's license issued by the commissioner;
20.5    (3) the permit number;
20.6    (4) the address of the job;
20.7    (5) the date the permit was issued;
20.8    (6) a brief description of the work; and
20.9    (7) the amount of the inspection fee.
20.10    (p) Not later than the 31st day of January of each year, the municipality shall submit
20.11a summary report to the commissioner identifying the status of each high pressure piping
20.12project for which the municipality issued a permit during the preceding year, and the
20.13status of high pressure piping projects for which the municipality issued a permit during a
20.14prior year where no final inspection had occurred by the first day of the preceding year.
20.15This summary report shall include:
20.16    (1) the permit number;
20.17    (2) the date of any final inspection; and
20.18    (3) identification of any violation of high pressure piping laws related to work
20.19covered by the permit.
20.20    (q) The municipality and the commissioner agree that if at any time during the
20.21agreement the municipality does not have in effect the code for high pressure piping
20.22systems or any of the ordinances described in paragraph (a), or if the commissioner
20.23determines that the municipality is not properly administering and enforcing the code for
20.24high pressure piping or is otherwise not complying with the agreement:
20.25    (1) the commissioner may, effective 14 days after the municipality's receipt of
20.26written notice, terminate the agreement and have the administration and enforcement of
20.27the high pressure piping code in the involved municipality undertaken by the department;
20.28    (2) the municipality may challenge the termination in a contested case before the
20.29commissioner pursuant to the Administrative Procedure Act; and
20.30    (3) while any challenge under clause (2) is pending, the commissioner may exercise
20.31oversight of the municipality to the extent needed to ensure that high pressure piping
20.32inspections are performed and permits are issued in accordance with the high pressure
20.33piping laws.
20.34    (r) The municipality and the commissioner agree that the municipality may terminate
20.35the agreement with or without cause on 90 days' written notice to the commissioner.
21.1    (s) The municipality and the commissioner agree that no municipality shall
21.2revoke, suspend, or place restrictions on any high pressure piping license issued by the
21.3commissioner. If the municipality identifies during an inspection any violation that
21.4may warrant revocation, suspension, or placement of restrictions on a high pressure
21.5piping license issued by the commissioner, the municipality shall promptly notify the
21.6commissioner of the violation and the commissioner shall determine whether revocation,
21.7suspension, or placement of restrictions on any high pressure piping license issued by
21.8the commissioner is appropriate.

21.9    Sec. 26. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 1, is
21.10amended to read:
21.11    Subdivision 1. License required; rules; time credit. No individual shall engage in
21.12or work at the business of a contracting high pressure pipefitter unless issued an individual
21.13a contracting high pressure pipefitter license to do so by the department under rules
21.14adopted by the board. No license shall be required for repairs on existing installations. No
21.15individual shall engage in or work at the business of journeyman high pressure pipefitter
21.16unless issued an individual a journeyman high pressure pipefitter competency license to do
21.17so by the department under rules adopted by the board. A person An individual possessing
21.18an individual a contracting high pressure pipefitter competency license may also work
21.19as a journeyman high pressure pipefitter.
21.20    No person shall construct or install high pressure piping, nor install high pressure
21.21piping in connection with the dealing in and selling of high pressure pipe material and
21.22supplies, unless, at all times, an individual possessing a contracting high pressure pipefitter
21.23individual competency license or a journeyman high pressure pipefitter individual
21.24competency license is responsible for ensuring that the high pressure pipefitting work is in
21.25conformity with Minnesota Statutes and Minnesota Rules.
21.26    The board shall prescribe rules, not inconsistent herewith, for the examination and
21.27individual competency licensing of contracting high pressure pipefitters and journeyman
21.28high pressure pipefitters and for issuance of permits by the department and municipalities
21.29for the installation of high pressure piping.
21.30    An employee performing the duties of inspector for the department in regulating
21.31pipefitting shall not receive time credit for the inspection duties when making an
21.32application for a license required by this section.

21.33    Sec. 27. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2, is
21.34amended to read:
22.1    Subd. 2. High pressure pipefitting business license. Before obtaining a permit
22.2for high pressure piping work, a person must obtain or utilize a business with a high
22.3pressure piping business license.
22.4    A person must have at all times as a full-time employee at least one individual
22.5holding an individual a contracting high pressure pipefitter competency license. Only
22.6full-time employees who hold individual contracting high pressure pipefitter licenses
22.7are authorized to obtain high pressure piping permits in the name of the business. The
22.8individual contracting high pressure pipefitter competency license holder can be the
22.9employee of only one high pressure piping business at a time.
22.10    To retain its business license without reapplication, a person holding a high pressure
22.11piping business license that ceases to employ an individual holding an individual a
22.12contracting high pressure pipefitter competency license shall have 60 days from the last
22.13day of employment of its previous individual contracting pipefitter competency license
22.14holder to employ another license holder. The department must be notified no later than
22.15five days after the last day of employment of the previous license holder.
22.16    No high pressure pipefitting work may be performed during any period when the
22.17high pressure pipefitting business does not have an individual a contracting high pressure
22.18pipefitter competency license holder on staff. If a license holder is not employed within
22.1960 days after the last day of employment of the previous license holder, the pipefitting
22.20business license shall lapse.
22.21    The board shall prescribe by rule procedures for application for and issuance of
22.22business licenses.

22.23    Sec. 28. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2a, is
22.24amended to read:
22.25    Subd. 2a. Registration requirement. All unlicensed individuals, other than
22.26pipefitter apprentices, must be registered under subdivision 2b. No licensed high pressure
22.27piping business shall employ an unlicensed individual to assist in the practical construction
22.28and installation of high pressure piping and appurtenances unless the unlicensed individual
22.29is registered with the department. A pipefitter apprentice or registered unlicensed
22.30individual employed by a high pressure piping business may assist in the practical
22.31construction and installation of high pressure piping and appurtenances only while under
22.32direct supervision of a licensed individual contracting high pressure pipefitter or licensed
22.33journeyman high pressure pipefitter employed by the same high pressure piping business.
22.34The licensed individual contracting high pressure pipefitter or licensed journeyman high
22.35pressure pipefitter shall supervise no more than two pipefitter apprentices or registered
23.1unlicensed individuals. The licensed individual contracting high pressure pipefitter or
23.2journeyman high pressure pipefitter is responsible for ensuring that all high pressure
23.3piping work performed by the pipefitter apprentice or registered unlicensed individual
23.4complies with Minnesota Statutes and Minnesota Rules.
23.5    The board shall make recommendations by October 1, 2008, to the chairs of
23.6the standing committees of the senate and house of representatives having jurisdiction
23.7over high pressure piping regulation on the ratio of licensed individual contracting
23.8high pressure pipefitters or licensed journeyman high pressure pipefitters to pipefitter
23.9apprentices or registered unlicensed individuals for purposes of supervision.

23.10    Sec. 29. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2b, is
23.11amended to read:
23.12    Subd. 2b. Registration with commissioner. An unlicensed individual may
23.13register to assist in the practical construction and installation of high pressure piping
23.14and appurtenances while in the employ of a licensed high pressure piping business by
23.15completing and submitting to the commissioner a registration form provided by the
23.16commissioner. The board of High Pressure Piping Systems may prescribe rules, not
23.17inconsistent with this section, for the registration of unlicensed individuals.
23.18    An unlicensed individual applying for initial registration shall pay the department an
23.19application fee of $50. Applications for initial registration may be submitted at any time.
23.20Registration must be renewed annually and shall be valid for one calendar year beginning
23.21January 1. Applications for renewal registration must be submitted to the commissioner
23.22before December 31 of each registration period on forms provided by the commissioner,
23.23and must be accompanied by a fee of $50. There shall be no refund of fees paid.

23.24    Sec. 30. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 5, is
23.25amended to read:
23.26    Subd. 5. License fee. The department shall charge the following license fees:
23.27    (a) application for journeyman high pressure piping pipefitter competency license,
23.28$120;
23.29    (b) renewal of journeyman high pressure piping pipefitter competency license, $80;
23.30    (c) application for contracting high pressure piping pipefitter competency license,
23.31$270;
23.32    (d) renewal of contracting high pressure piping pipefitter competency license, $240;
23.33    (e) application for high pressure piping business license, $450;
24.1    (f) application to inactivate a contracting high pressure piping pipefitter competency
24.2license or inactivate a journeyman high pressure piping pipefitter competency license,
24.3$40; and
24.4    (g) renewal of an inactive contracting high pressure piping pipefitter competency
24.5license or inactive journeyman high pressure piping pipefitter competency license, $40.
24.6    If an application for renewal of an active or inactive journeyman high pressure
24.7piping pipefitter competency license or active or inactive contracting high pressure piping
24.8pipefitter competency license is received by the department after the date of expiration of
24.9the license, a $30 late renewal fee shall be added to the license renewal fee.
24.10    Payment must accompany the application for a license or renewal of a license. There
24.11shall be no refund of fees paid.

24.12    Sec. 31. Minnesota Statutes 2007 Supplement, section 326.50, is amended to read:
24.13326.50 LICENSE APPLICATION AND RENEWAL.
24.14    Application for an individual a contracting high pressure pipefitter competency or an
24.15individual a journeyman high pressure pipefitter competency license shall be made to the
24.16department, with fees. The applicant shall be licensed only after passing an examination
24.17developed and administered by the department in accordance with rules adopted by the
24.18board. A competency license issued by the department shall expire on December 31 of
24.19each year. A renewal application must be received by the department within one year
24.20after expiration of the competency license. A license that has been expired for more
24.21than one year cannot be renewed, and can only be reissued if the applicant submits a
24.22new application for the competency license, pays a new application fee, and retakes and
24.23passes the applicable license examination.

24.24    Sec. 32. Minnesota Statutes 2007 Supplement, section 326.505, subdivision 1, is
24.25amended to read:
24.26    Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems
24.27shall consist of 13 members. Twelve members shall be appointed by the governor with
24.28the advice and consent of the senate and shall be voting members. Appointments of
24.29members by the governor shall be made in accordance with section 15.066. If the senate
24.30votes to refuse to consent to an appointment of a member made by the governor, the
24.31governor shall appoint a new member with the advice and consent of the senate. One
24.32member shall be the commissioner of labor and industry or the commissioner of labor and
24.33industry's designee, who shall be a voting member. Of the 12 appointed members, the
24.34composition shall be as follows:
25.1    (1) one member shall be a high pressure piping inspector;
25.2    (2) one member shall be a licensed mechanical engineer;
25.3    (3) one member shall be a representative of the high pressure piping industry;
25.4    (4) four members shall be contracting high pressure piping contractors pipefitters
25.5engaged in the scope business of high pressure piping, two from the metropolitan area
25.6and two from greater Minnesota;
25.7    (5) two members shall be journeyman high pressure piping journeymen pipefitters
25.8engaged in the scope business of high pressure piping systems installation, one from the
25.9metropolitan area and one from greater Minnesota;
25.10    (6) one member shall be a representative of industrial companies that use high
25.11pressure piping systems in their industrial process;
25.12    (7) one member shall be a representative from utility companies in Minnesota; and
25.13    (8) one member shall be a public member as defined by section 214.02.
25.14    The high pressure piping inspector shall be appointed for a term to end December
25.1531, 2011. The professional mechanical engineer shall be appointed for a term to end
25.16December 31, 2010. The representative of the high pressure piping industry shall be
25.17appointed for a term to end December 31, 2011. Two of the contracting high pressure
25.18piping contractors pipefitters shall be appointed for a term to end December 31, 2011. The
25.19other two contracting high pressure piping contractors pipefitters shall be appointed for a
25.20term to end December 31, 2010. One of the journeyman high pressure piping journeymen
25.21pipefitters shall be appointed for a term to end December 31, 2011. The other journeyman
25.22high pressure piping journeyman pipefitter shall be appointed for a term to end December
25.2331, 2010. The one representative of industrial companies that use high pressure piping
25.24systems in their industrial process shall be appointed for a term to end December 31,
25.252010. The one representative of a utility company in Minnesota shall be appointed for
25.26a term to end December 31, 2010. The public member shall be appointed for a term to
25.27end December 31, 2010.
25.28    (b) The licensed professional mechanical engineer must possess a current Minnesota
25.29professional engineering license and maintain the license for the duration of their term.
25.30All other appointed members, except for the representative of the piping industry, the
25.31representative of industrial companies that use high pressure piping systems, the public
25.32member, and the representative of public utility companies in Minnesota, must possess
25.33a current high pressure piping license issued by the Department of Labor and Industry
25.34and maintain that license for the duration of their term. All appointed members must be
25.35residents of Minnesota at the time of and throughout the member's appointment. The term
25.36of any appointed member that does not maintain membership qualification status shall
26.1end on the date of status change and the governor shall appoint a new member. It is the
26.2responsibility of the member to notify the board of the member's status change.
26.3    (c) For appointed members, except the initial terms designated in paragraph (a), each
26.4term shall be three years with the terms ending on December 31. Members appointed by
26.5the governor shall be limited to three consecutive terms. The governor shall, all or in part,
26.6reappoint the current members or appoint replacement members with the advice and
26.7consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
26.8term. Vacancies occurring with less than six months time remaining in the term shall be
26.9filled for the existing term and the following three-year term. Members may serve until
26.10their successors are appointed but in no case later than July 1 in a year in which the term
26.11expires unless reappointed.

26.12    Sec. 33. Minnesota Statutes 2007 Supplement, section 326.505, subdivision 2, is
26.13amended to read:
26.14    Subd. 2. Powers; duties; administrative support. (a) The board shall have the
26.15power to:
26.16    (1) elect its chair, vice-chair, and secretary;
26.17    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
26.18and containing such other provisions as may be useful and necessary for the efficient
26.19conduct of the business of the board;
26.20    (3) adopt the high pressure piping code that must be followed in this state and any
26.21high pressure piping code amendments thereto. The board shall adopt the high pressure
26.22piping code and any amendments thereto pursuant to chapter 14, and as provided in
26.23subdivision 6, paragraphs (b), (c), and (d);
26.24    (4) review requests for final interpretations and issue final interpretations as provided
26.25in section 16B.63, subdivision 5;
26.26    (5) except for rules regulating continuing education, adopt rules that regulate the
26.27licensure or registration of high pressure piping contractors, journeymen, and other
26.28persons engaged in the design, installation, and alteration of high pressure piping systems,
26.29except for those individuals licensed under section 326.02, subdivisions 2 and 3. The
26.30board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
26.316, paragraphs (e) and (f);
26.32    (6) advise the commissioner regarding educational requirements for high pressure
26.33piping inspectors;
26.34    (7) refer complaints or other communications to the commissioner, whether oral or
26.35written, as provided in subdivision 7 8 that alleges allege or implies imply a violation of
27.1a statute, rule, or order that the commissioner has the authority to enforce pertaining to
27.2code compliance, licensure, or an offering to perform or performance of unlicensed high
27.3pressure piping services;
27.4    (8) approve per diem and expenses deemed necessary for its members as provided in
27.5subdivision 3;
27.6    (9) select from its members individuals to serve on any other state advisory council,
27.7board, or committee;
27.8    (10) recommend the fees for licenses and certifications registrations; and
27.9    (11) approve license reciprocity agreements.
27.10    Except for the powers granted to the Plumbing Board, Board of Electricity, and
27.11the Board of High Pressure Piping Systems, the commissioner of labor and industry
27.12shall administer and enforce the provisions of this chapter and any rules promulgated
27.13pursuant thereto.
27.14    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
27.15    (c) The commissioner shall coordinate the board's rulemaking and recommendations
27.16with the recommendations and rulemaking conducted by the other boards created pursuant
27.17to chapter 326B. The commissioner shall provide staff support to the board. The support
27.18includes professional, legal, technical, and clerical staff necessary to perform rulemaking
27.19and other duties assigned to the board. The commissioner of labor and industry shall
27.20supply necessary office space and supplies to assist the board in its duties.

27.21    Sec. 34. Minnesota Statutes 2007 Supplement, section 326.505, subdivision 8, is
27.22amended to read:
27.23    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
27.24the substance of any complaint or communication it receives, whether written or oral, that
27.25alleges or implies a violation of a statute, rule, or order that the commissioner has the
27.26authority to enforce pertaining to the license or registration of any person authorized by
27.27the department to provide high pressure piping services, the performance or offering to
27.28perform high pressure piping services requiring licensure by an unlicensed person, or high
27.29pressure piping code compliance. Each complaint or communication that is forwarded to
27.30the commissioner shall be submitted on a form provided by the commissioner.
27.31    (b) The commissioner shall advise the board of the status of the complaint within 90
27.32days after the board's written submission is received, or within 90 days after the board
27.33is provided with a written request for additional information or documentation from the
27.34commissioner or the commissioner's designee, whichever is later. The commissioner shall
27.35advise the board of the disposition of a complaint referred by the board within 180 days
28.1after the board's written submission is received. The commissioner shall annually report to
28.2the board a summary of the actions taken in response to complaints referred by the board.

28.3    Sec. 35. Minnesota Statutes 2007 Supplement, section 326.62, is amended to read:
28.4326.62 FEES.
28.5     Unless examination fees have been set by a contract under section 326B.05,
28.6Examination fees for both water conditioning contractors and water conditioning installers
28.7shall be $50 for each examination. Each water conditioning contractor and installer
28.8license shall expire on December 31 of the year for which it was issued. The license
28.9fee for each initial water conditioning contractor's license shall be $70, except that the
28.10license fee shall be $35 if the application is submitted during the last three months of the
28.11calendar year. The license fee for each renewal water conditioning contractor's license
28.12shall be $70. The license fee for each initial water conditioning installer license shall be
28.13$35, except that the license fee shall be $17.50 if the application is submitted during the
28.14last three months of the calendar year. The license fee for each renewal water conditioning
28.15installer license shall be $35. The commissioner may by rule prescribe for the expiration
28.16and renewal of licenses. Any licensee who does not renew a license within two years after
28.17the license expires is no longer eligible for renewal. Such an individual must retake and
28.18pass the examination before a new license will be issued. A water conditioning contractor
28.19or water conditioning installer who submits a license renewal application after the time
28.20specified in rule but within two years after the license expired must pay all past due
28.21renewal fees plus a late fee of $25.

28.22    Sec. 36. Minnesota Statutes 2007 Supplement, section 326.84, subdivision 1, is
28.23amended to read:
28.24    Subdivision 1. Persons required to be licensed. A person who meets the definition
28.25of a residential building contractor as defined in section 326.83, subdivision 15, must be
28.26licensed as a residential building contractor by the commissioner. A person who meets the
28.27definition of a residential remodeler as defined in section 326.83, subdivision 16, must be
28.28licensed by the commissioner as a residential remodeler or residential building contractor.
28.29A person who meets the definition of a residential roofer as defined in section 326.83,
28.30subdivision 18, must be licensed by the commissioner as a residential roofer, residential
28.31building contractor, or residential remodeler. A person who meets the definition of a
28.32manufactured home installer as defined in section 327.31, subdivision 6 11, must be
28.33licensed as a manufactured home installer by the commissioner.

29.1    Sec. 37. Minnesota Statutes 2007 Supplement, section 326.86, subdivision 1, is
29.2amended to read:
29.3    Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to
29.4sections 326.83 to 326.98, except for manufactured home installers, is $100 per year.
29.5The licensing fee for manufactured home installers under section 326.841 is $300 for a
29.6three-year period.

29.7    Sec. 38. Minnesota Statutes 2007 Supplement, section 326.87, subdivision 5, is
29.8amended to read:
29.9    Subd. 5. Content. (a) Continuing education consists of approved courses that
29.10impart appropriate and related knowledge in the regulated industries pursuant to sections
29.11326.83 to 326.98. Courses may include relevant materials that are included in licensing
29.12exams subject to the limitations imposed in paragraph (e). The burden of demonstrating
29.13that courses impart appropriate and related knowledge is upon the person seeking approval
29.14or credit.
29.15    (b) Course examinations will not be required for continuing education courses
29.16unless they are required by the sponsor.
29.17    (c) Textbooks are not required to be used for continuing education courses. If
29.18textbooks are not used, the coordinator must provide students with a syllabus containing,
29.19at a minimum, the course title, the times and dates of the course offering, the names and
29.20addresses or telephone numbers of the course coordinator and instructor, and a detailed
29.21outline of the subject materials to be covered. Any written or printed material given to
29.22students must be of readable quality and contain accurate and current information.
29.23    (d) Upon completion of an approved course, licensees shall earn one hour of
29.24continuing education credit for each hour approved by the commissioner. Each continuing
29.25education course must be attended in its entirety in order to receive credit for the number
29.26of approved hours. Courses may be approved for full or partial credit, and for more than
29.27one regulated industry.
29.28    Continuing education credit in an approved course shall be awarded to presenting
29.29instructors on the basis of one credit for each hour of preparation for the initial presentation,
29.30which may not exceed three hours total credit for each approved course. Continuing
29.31education credit may not be earned if the licensee has previously obtained credit for the
29.32same course as a licensee or as an instructor within the three years immediately prior.
29.33    (e) The following courses will not be approved for credit:
29.34    (1) courses designed solely to prepare students for a license examination;
30.1    (2) courses in mechanical office or business skills, including typing, speed reading,
30.2or other machines or equipment. Computer courses are allowed, if appropriate and related
30.3to the regulated industry of the licensee;
30.4    (3) courses in sales promotion, including meetings held in conjunction with the
30.5general business of the licensee;
30.6    (4) courses in motivation, salesmanship, psychology, time management, or
30.7communication; or
30.8    (5) courses that are primarily intended to impart knowledge of specific products of
30.9specific companies, if the use of the product or products relates to the sales promotion or
30.10marketing of one or more of the products discussed.
30.11EFFECTIVE DATE.This section is effective September 1, 2008.

30.12    Sec. 39. Minnesota Statutes 2007 Supplement, section 326.93, subdivision 4, is
30.13amended to read:
30.14    Subd. 4. Service on commissioner. (a) When a person, including any nonresident
30.15of this state, engages in conduct prohibited or made actionable by sections 326.83 to
30.16326.98 , or any rule or order under those sections, and the person has not consented to
30.17service of process under subdivision 3, that conduct is equivalent to an appointment of the
30.18commissioner and successors in office as the person's agent to receive service of process in
30.19any noncriminal suit, action, or proceeding against the person that is based on that conduct
30.20and is brought under sections 326.83 to 326.98, or any rule or order under those sections,
30.21with the same force and validity as if served personally on the person consenting to the
30.22appointment of the commissioner and successors in office. Service under this section shall
30.23be made in compliance with subdivision 5.
30.24    (b) Subdivision 5 applies in all other cases in which a person, including a nonresident
30.25of this state, has filed a consent to service of process. This paragraph supersedes any
30.26inconsistent provision of law.
30.27    (c) Subdivision 5 applies in all cases in which service of process is allowed to be
30.28made on the commissioner.
30.29    (d) Subdivision 5 applies to any document served by the commissioner or the
30.30department under section 326B.08.

30.31    Sec. 40. Minnesota Statutes 2007 Supplement, section 326.94, subdivision 2, is
30.32amended to read:
30.33    Subd. 2. Insurance. Licensees must have public liability insurance with limits of
30.34at least $300,000 per occurrence, which must include at least $10,000 property damage
31.1coverage. Each licensee shall have and maintain in effect commercial general liability
31.2insurance, which includes premises and operations insurance and products and completed
31.3operations insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate
31.4limit for bodily injury, and property damage insurance with limits of at least $25,000
31.5or a policy with a single limit for bodily injury and property damage of $300,000 per
31.6occurrence and $300,000 aggregate limits. The insurance must be written by an insurer
31.7licensed to do business in this state. Each licensee shall maintain on file with the
31.8commissioner a certificate evidencing the insurance which provides that the insurance
31.9shall not be canceled without the insurer first giving 15 days' written notice of cancellation
31.10to the commissioner. The commissioner may increase the minimum amount of insurance
31.11required for any licensee or class of licensees if the commissioner considers it to be in the
31.12public interest and necessary to protect the interests of Minnesota consumers.
31.13EFFECTIVE DATE.This section is effective August 1, 2008.

31.14    Sec. 41. Minnesota Statutes 2007 Supplement, section 326.97, subdivision 1a, is
31.15amended to read:
31.16    Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993,
31.17must be renewed annually except for a manufactured home installer's license which shall
31.18have a renewal period of three years, effective for all renewals and new licenses issued
31.19after December 31, 2008.

31.20    Sec. 42. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 8,
31.21is amended to read:
31.22    Subd. 8. Hearings related to administrative orders. (a) Within 30 days after the
31.23commissioner issues an administrative order or within 20 days after the commissioner
31.24issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the
31.25person to whom the administrative order or notice is issued may request an expedited
31.26hearing to review the commissioner's order or notice. The request for hearing must be
31.27in writing and must be served on or faxed to the commissioner at the address or fax
31.28number specified in the order or notice. If the person does not request a hearing or if the
31.29person's written request for hearing is not served on or faxed to the commissioner by the
31.3030th day after the commissioner issues the administrative order or the 20th day after the
31.31commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b),
31.32clause (3), the order will become a final order of the commissioner and will not be subject
31.33to review by any court or agency. The date on which a request for hearing is served by
31.34mail shall be the postmark date on the envelope in which the request for hearing is mailed.
32.1The hearing request must specifically state the reasons for seeking review of the order or
32.2notice. The person to whom the order or notice is issued and the commissioner are the
32.3parties to the expedited hearing. The commissioner must notify the person to whom the
32.4order or notice is issued of the time and place of the hearing at least 15 days before the
32.5hearing. The expedited hearing must be held within 45 days after a request for hearing has
32.6been served on received by the commissioner unless the parties agree to a later date.
32.7    (b) Parties may submit written arguments if permitted by the administrative law
32.8judge. All written arguments must be submitted within ten days following the close
32.9completion of the hearing or the receipt of any late-filed exhibits that the parties and the
32.10administrative law judge have agreed should be received into the record, whichever is later.
32.11The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as
32.12modified by this subdivision. The Office of Administrative Hearings may, in consultation
32.13with the agency, adopt rules specifically applicable to cases under this section.
32.14    (c) The administrative law judge shall issue a report making findings of fact,
32.15conclusions of law, and a recommended order to the commissioner within 30 days
32.16following the close of the record completion of the hearing, the receipt of late-filed
32.17exhibits, or the submission of written arguments, whichever is later.
32.18    (d) If the administrative law judge makes a finding that the hearing was requested
32.19solely for purposes of delay or that the hearing request was frivolous, the commissioner
32.20may add to the amount of the penalty the costs charged to the department by the Office of
32.21Administrative Hearings for the hearing.
32.22    (e) If a hearing has been held, the commissioner shall not issue a final order until
32.23at least five days after the date of the administrative law judge's report. Any person
32.24aggrieved by the administrative law judge's report may, within those five days, serve
32.25written comments to the commissioner on the report and the commissioner shall consider
32.26and enter the comments in the record. The commissioner's final order shall comply with
32.27sections 14.61, subdivision 2, and 14.62, subdivisions 1 and 2, may be appealed in the
32.28manner provided in sections 14.63 to 14.69.

32.29    Sec. 43. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 10,
32.30is amended to read:
32.31    Subd. 10. Stop orders. (a) If the commissioner determines based on an inspection
32.32or investigation that a person has violated or is about to violate the applicable law, the
32.33commissioner may issue to the person a stop order requiring the person to cease and desist
32.34from committing the violation.
33.1    (b) If the commissioner determines that a condition exists on real property that
33.2violates the applicable law, the commissioner may issue a stop order to the owner or
33.3lessee of the real property to cease and desist from committing the violation and to correct
33.4the condition that is in violation.
33.5    (c) The commissioner shall issue the stop work order by:
33.6    (1) serving the order on the person who has committed or is about to commit the
33.7violation;
33.8    (2) posting the order at the location where the violation was committed or is about to
33.9be committed or at the location where the violating condition exists; or
33.10    (3) serving the order on any owner or lessee of the real property where the violating
33.11condition exists.
33.12    (d) A stop order shall:
33.13    (1) describe the act, conduct, or practice committed or about to be committed, or the
33.14condition, and include a reference to the applicable law that the act, conduct, practice, or
33.15condition violates or would violate; and
33.16    (2) provide notice that any person aggrieved by the stop order may request a hearing
33.17as provided in paragraph (e).
33.18    (e) Within 30 days after the commissioner issues a stop order, any person aggrieved
33.19by the order may request an expedited hearing to review the commissioner's action.
33.20The request for hearing must be made in writing and must be served on or faxed to the
33.21commissioner at the address or fax number specified in the order. If the person does not
33.22request a hearing or if the person's written request for hearing is not served on or faxed to
33.23the commissioner on or before the 30th day after the commissioner issued the stop order,
33.24the order will become a final order of the commissioner and will not be subject to review
33.25by any court or agency. The date on which a request for hearing is served by mail is the
33.26postmark date on the envelope in which the request for hearing is mailed. The hearing
33.27request must specifically state the reasons for seeking review of the order. The person who
33.28requested the hearing and the commissioner are the parties to the expedited hearing. The
33.29hearing shall be commenced within ten days after the commissioner receives the request
33.30for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
33.311400.8612, as modified by this subdivision. The administrative law judge shall issue a
33.32report containing findings of fact, conclusions of law, and a recommended order within
33.33ten days after the conclusion completion of the hearing, the receipt of late-filed exhibits,
33.34or the submission of written arguments, whichever is later. Any party aggrieved by the
33.35administrative law judge's report shall have five days after the date of the administrative
33.36law judge's report to submit written exceptions and argument to the commissioner that
34.1the commissioner shall consider and enter in the record. Within 15 days after receiving
34.2the administrative law judge's report, the commissioner shall issue an order vacating,
34.3modifying, or making permanent the stop order. The commissioner and the person
34.4requesting the hearing may by agreement lengthen any time periods described in this
34.5paragraph. The Office of Administrative Hearings may, in consultation with the agency,
34.6adopt rules specifically applicable to cases under this subdivision.
34.7    (f) A stop order issued under this subdivision shall be in effect until it is modified or
34.8vacated by the commissioner or an appellate court. The administrative hearing provided
34.9by this subdivision and any appellate judicial review as provided in chapter 14 shall
34.10constitute the exclusive remedy for any person aggrieved by a stop order.
34.11    (g) Upon the application of the commissioner, a district court shall find the failure of
34.12any person to comply with a final stop order lawfully issued by the commissioner under
34.13this subdivision as a contempt of court.

34.14    Sec. 44. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 11,
34.15is amended to read:
34.16    Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may
34.17deny an application for a permit, license, registration, or certificate if the applicant does
34.18not meet or fails to maintain the minimum qualifications for holding the permit, license,
34.19registration, or certificate, or has any unresolved violations or unpaid fees or monetary
34.20penalties related to the activity for which the permit, license, registration, or certificate has
34.21been applied for or was issued.
34.22    (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
34.23person's permit, license, registration, or certificate, or censure the person holding the
34.24permit, license, registration, or certificate, if the commissioner finds that the person:
34.25    (1) committed one or more violations of the applicable law;
34.26    (2) submitted false or misleading information to the state in connection with
34.27activities for which the permit, license, registration, or certificate was issued, or in
34.28connection with the application for the permit, license, registration, or certificate;
34.29    (3) allowed the alteration or use of the person's own permit, license, registration,
34.30or certificate by another person;
34.31    (4) within the previous five years, was convicted of a crime in connection with
34.32activities for which the permit, license, registration, or certificate was issued;
34.33    (5) violated a final administrative order issued under subdivision 7 or a final stop
34.34order issued under subdivision 10, or injunctive relief issued under subdivision 9;
35.1    (6) failed to cooperate with a commissioner's request to give testimony, to produce
35.2documents, things, apparatus, devices, equipment, or materials, or to access property
35.3under subdivision 2;
35.4    (7) retaliated in any manner against any employee or person who is questioned by,
35.5cooperates with, or provides information to the commissioner or an employee or agent
35.6authorized by the commissioner who seeks access to property or things under subdivision
35.72;
35.8    (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
35.9    (9) performed work in connection with the permit, license, registration, or
35.10certificate or conducted the person's affairs in a manner that demonstrates incompetence,
35.11untrustworthiness, or financial irresponsibility.
35.12    (c) If the commissioner revokes or denies a person's permit, license, registration,
35.13or certificate under paragraph (b), the person is prohibited from reapplying for the same
35.14type of permit, license, registration, or certificate for at least two years after the effective
35.15date of the revocation or denial. The commissioner may, as a condition of reapplication,
35.16require the person to obtain a bond or comply with additional reasonable conditions the
35.17commissioner considers necessary to protect the public.
35.18    (d) If a permit, license, registration, or certificate expires, or is surrendered,
35.19withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
35.20institute a proceeding under this subdivision within two years after the permit, license,
35.21registration, or certificate was last effective and enter a revocation or suspension order as
35.22of the last date on which the permit, license, registration, or certificate was in effect.

35.23    Sec. 45. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 12,
35.24is amended to read:
35.25    Subd. 12. Issuance of licensing orders; hearings related to licensing orders.
35.26    (a) If the commissioner determines that a permit, license, registration, or certificate
35.27should be conditioned, limited, suspended, revoked, or denied under subdivision 11,
35.28or that the permit holder, licensee, registrant, or certificate holder should be censured
35.29under subdivision 11, then the commissioner shall issue to the person an order denying,
35.30conditioning, limiting, suspending, or revoking the person's permit, license, registration,
35.31or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
35.32    (b) Any order issued under paragraph (a) may include an assessment of monetary
35.33penalties and may require the person to cease and desist from committing the violation
35.34or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The
35.35monetary penalty may be up to $10,000 for each violation or act, conduct, or practice
36.1committed by the person. The procedures in section 326B.083 must be followed when
36.2issuing orders under paragraph (a).
36.3    (c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
36.4the commissioner issues an order under paragraph (a) shall have 30 days after service of
36.5the order to request a hearing. The request for hearing must be in writing and must be
36.6served on or faxed to the commissioner at the address or fax number specified in the order
36.7by the 30th day after service of the order. If the person does not request a hearing or if
36.8the person's written request for hearing is not served on or faxed to the commissioner
36.9by the 30th day after service of the order, the order shall become a final order of the
36.10commissioner and will not be subject to review by any court or agency. The date on which
36.11a request for hearing is served by mail shall be the postmark date on the envelope in which
36.12the request for hearing is mailed. If the person submits to the commissioner a timely
36.13request for hearing, the order is stayed unless the commissioner summarily suspends the
36.14license, registration, certificate, or permit under subdivision 13, and a contested case
36.15hearing shall be held in accordance with chapter 14.
36.16    (d) Paragraph (c) does not apply to summary suspension under subdivision 13.

36.17    Sec. 46. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 13,
36.18is amended to read:
36.19    Subd. 13. Summary suspension. In any case where the commissioner has
36.20issued an order to revoke, or suspend, or deny a license, registration, certificate, or
36.21permit under subdivision subdivisions 11, paragraph (b), and 12, the commissioner may
36.22summarily suspend the person's permit, license, registration, or certificate before the
36.23order becomes final. The commissioner shall issue a summary suspension order when
36.24the safety of life or property is threatened or to prevent the commission of fraudulent,
36.25deceptive, untrustworthy, or dishonest acts against the public. The summary suspension
36.26shall not affect the deadline for submitting a request for hearing under subdivision 12.
36.27If the commissioner summarily suspends a person's permit, license, registration, or
36.28certificate, a timely request for hearing submitted under subdivision 12 shall also be
36.29considered a timely request for hearing on continuation of the summary suspension. If the
36.30commissioner summarily suspends a person's permit, license, registration, or certificate
36.31under this subdivision and the person submits a timely request for a hearing, then a
36.32hearing on continuation of the summary suspension must be held within ten days after the
36.33commissioner receives the request for hearing unless the parties agree to a later date.

37.1    Sec. 47. Minnesota Statutes 2007 Supplement, section 326B.083, subdivision 3,
37.2is amended to read:
37.3    Subd. 3. Penalty. (a) If an administrative order includes a penalty assessment, then
37.4the penalty is due and payable on the date the administrative order becomes final unless
37.5some or all of the penalty is forgivable. If a licensing order includes a penalty assessment,
37.6then the penalty is due and payable on the date the licensing order becomes final.
37.7    (b) This paragraph applies if an administrative order includes a penalty assessment
37.8and all or a portion of the penalty is forgivable.
37.9    (1) If any portion of the penalty is not forgivable, that portion of the penalty is due
37.10and payable ten days after the date the administrative order becomes final.
37.11    (2) The commissioner shall forgive the forgivable portion of the penalty if the
37.12commissioner determines that the violation has been corrected within the time set by
37.13the order or the person to whom the order was issued has developed a correction plan
37.14acceptable to the commissioner within the time set by the order.
37.15    (3) If the commissioner determines that the person to whom the order was issued has
37.16failed to correct the violation within the time set by the order or has failed to develop a
37.17correction plan acceptable to the commissioner within the time set by the order, then the
37.18forgivable portion of the penalty is due and payable ten 20 days after the commissioner
37.19serves notice of the determination on the person or on the date the administrative order
37.20becomes final, whichever is later.
37.21    (c) This paragraph applies if an administrative order or a licensing order includes a
37.22penalty assessment and if the person subject to the order has requested a hearing. The
37.23administrative law judge may not recommend a change in the amount of the penalty if
37.24the penalty was assessed in accordance with a plan prepared under section 326B.082,
37.25subdivision 14. If the commissioner has not prepared a plan under section 326B.082,
37.26subdivision 14, then the administrative law judge may not recommend a change in the
37.27amount of the penalty unless the administrative law judge determines that, based on the
37.28factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
37.29    (d) The assessment of a penalty does not preclude the use of other enforcement
37.30provisions, under which penalties are not assessed, in connection with the violation for
37.31which the penalty was assessed.

37.32    Sec. 48. Minnesota Statutes 2007 Supplement, section 326B.42, is amended by adding
37.33a subdivision to read:
37.34    Subd. 7. Plumber's apprentice. A "plumber's apprentice" is any individual, other
37.35than a master, restricted master, journeyman, or restricted journeyman plumber who, as
38.1a principal occupation, is engaged in working as an employee of a plumbing contractor
38.2under the direct supervision of a master, restricted master, journeyman, or restricted
38.3journeyman plumber and is learning and assisting in the installation of plumbing.

38.4    Sec. 49. Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 5, is
38.5amended to read:
38.6    Subd. 5. Payment limitations. Except as otherwise provided in this section,
38.7the commissioner shall not pay compensation from the fund to an owner or a lessee
38.8in an amount greater than $75,000. Except as otherwise provided in this section, the
38.9commissioner shall not pay compensation from the fund to owners and lessees in an
38.10amount that totals more than $150,000 per licensee. The commissioner shall not pay
38.11compensation from the fund for a final judgment based on a cause of action that arose
38.12before the commissioner's receipt of the licensee's fee required by subdivision 3. The
38.13commissioner shall only pay compensation from the fund for a final judgment that is
38.14based on a contract directly between the licensee and the homeowner or lessee that was
38.15entered into prior to the cause of action and that requires licensure as a residential building
38.16contractor or residential remodeler.

38.17    Sec. 50. Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 6, is
38.18amended to read:
38.19    Subd. 6. Verified application. To be eligible for compensation from the fund, an
38.20owner or lessee shall serve on the commissioner a verified application for compensation
38.21on a form approved by the commissioner. The application shall verify the following
38.22information:
38.23    (1) the specific grounds upon which the owner or lessee seeks to recover from
38.24the fund:
38.25    (2) that the owner or the lessee has obtained a final judgment in a court of competent
38.26jurisdiction against a licensee licensed under section 326B.803;
38.27    (3) that the final judgment was obtained against the licensee on the grounds
38.28of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
38.29performance that arose directly out of a transaction contract directly between the licensee
38.30and the homeowner or lessee that was entered into prior to the cause of action and
38.31that occurred when the licensee was licensed and performing any of the special skills
38.32enumerated under section 326B.802, subdivision 19;
38.33    (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
38.34the owner's residential real estate, on residential real estate leased by the lessee, or on new
39.1residential real estate that has never been occupied or that was occupied by the licensee
39.2for less than one year prior to purchase by the owner;
39.3    (5) that the residential real estate is located in Minnesota;
39.4    (6) that the owner or the lessee is not the spouse of the licensee or the personal
39.5representative of the licensee;
39.6    (7) the amount of the final judgment, any amount paid in satisfaction of the final
39.7judgment, and the amount owing on the final judgment as of the date of the verified
39.8application; and
39.9    (8) that the owner or lessee has diligently pursued remedies against all the judgment
39.10debtors and all other persons liable to the judgment debtor in the contract for which the
39.11owner or lessee seeks recovery from the fund; and
39.12    (8) (9) that the verified application is being served within two years after the
39.13judgment became final.
39.14    The owner's and the lessee's actual and direct out-of-pocket loss shall not include
39.15attorney fees, litigation costs or fees, interest on the loss, and interest on the final judgment
39.16obtained as a result of the loss. Any amount paid in satisfaction of the final judgment shall
39.17be applied to the owner's or lessee's actual and direct out-of-pocket loss. An owner or
39.18lessee may serve a verified application regardless of whether the final judgment has been
39.19discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings
39.20on the judgment have either been pursued and concluded or been forgone, including all
39.21reviews and appeals. For purposes of this section, owners who are joint tenants or tenants
39.22in common are deemed to be a single owner. For purposes of this section, owners and
39.23lessees eligible for payment of compensation from the fund shall not include government
39.24agencies, political subdivisions, financial institutions, and any other entity that purchases,
39.25guarantees, or insures a loan secured by real estate.

39.26    Sec. 51. Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 12,
39.27is amended to read:
39.28    Subd. 12. Limitation. Notwithstanding subdivision 5, nothing may obligate the
39.29fund to compensate for claims brought by:
39.30    (1) insurers or sureties under subrogation or similar theories; or
39.31    (2) an owner owners of residential property for final judgments against a prior owner
39.32of the residential property where the contracting activity complained of was the result of
39.33a contract entered into with a prior owner, unless the claim is brought and judgment is
39.34rendered for breach of the statutory warranty set forth in chapter 327A.

40.1    Sec. 52. Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 14,
40.2is amended to read:
40.3    Subd. 14. Accelerated compensation. (a) Payments made from the fund to
40.4compensate owners and lessees that do not exceed the jurisdiction limits for conciliation
40.5court matters as specified in section 491A.01 may be paid on an accelerated basis if all of
40.6the following requirements in paragraphs (b) and (c) have been satisfied.
40.7    (b) The owner or the lessee has served upon the commissioner a verified application
40.8for compensation that complies with the requirements set out in subdivision 6 and the
40.9commissioner determines based on review of the application that compensation should be
40.10paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
40.11loss in the transaction, minus attorney fees, litigation costs or fees, interest on the loss and
40.12on the judgment obtained as a result of the loss, and any satisfaction of the judgment, and
40.13make payment to the owner or the lessee up to the conciliation court jurisdiction limits
40.14within 15 45 days after the owner or lessee serves the verified application.
40.15    (c) The commissioner may pay compensation to owners or lessees that totals not
40.16more than $50,000 per licensee per fiscal year under this accelerated process. The
40.17commissioner may prorate the amount of compensation paid to owners or lessees under
40.18this subdivision if applications submitted by owners and lessees seek compensation in
40.19excess of $50,000 against a licensee. Any unpaid portion of a verified application that
40.20has been prorated under this subdivision shall be satisfied in the manner set forth in
40.21subdivision 9.

40.22    Sec. 53. Minnesota Statutes 2006, section 327.32, subdivision 1, is amended to read:
40.23    Subdivision 1. Requirement. No person shall sell, or offer for sale, in this state,
40.24any manufactured home manufactured after July 1, 1972, manufacture any manufactured
40.25home in this state or park install for occupancy any manufactured home manufactured
40.26after July 1, 1972, in any manufactured home park in this state unless the manufactured
40.27home complies with the Manufactured Home Building Code and:
40.28    (a) Bears a seal issued by the commissioner, and is, whenever possible, accompanied
40.29by a certificate by the manufacturer or dealer, both evidencing that it complies with the
40.30Manufactured Home Building Code; or
40.31    (b) If manufactured after June 14, 1976, bears a label as required by the secretary.

40.32    Sec. 54. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
40.33to read:
41.1    Subd. 2a. Construction seal fees. Replacement manufactured home or accessory
41.2structure construction seal fees, including certificates, are $30 per seal.

41.3    Sec. 55. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
41.4to read:
41.5    Subd. 2b. Installation seal fees. Manufactured home installation seal fees,
41.6including anchoring and support and including certificates, are $80.

41.7    Sec. 56. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
41.8to read:
41.9    Subd. 2c. Temporary installation certificate fees. A temporary certificate fee
41.10is $2 per certificate.

41.11    Sec. 57. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
41.12to read:
41.13    Subd. 2d. Label fee. The United States Department of Housing and Urban
41.14Development label fee shall be paid by the manufacturer to the secretary.

41.15    Sec. 58. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
41.16to read:
41.17    Subd. 2e. Seal order shipping and handling fee. The shipping and handling fee
41.18for each order of seals is the current postage rate plus a $3 handling fee.

41.19    Sec. 59. Minnesota Statutes 2006, section 327A.04, subdivision 2, is amended to read:
41.20    Subd. 2. Modification. At any time after a contract for the sale of a dwelling is
41.21entered into by and between a vendor and a vendee or a contract for home improvement
41.22work is entered into by and between a home improvement contractor and an owner, any of
41.23the statutory warranties provided for in section 327A.02 may be excluded or modified only
41.24by a written instrument, printed in boldface type of a minimum size of ten points, which is
41.25signed by the vendee or the owner and which sets forth in detail the warranty involved, the
41.26consent of the vendee or the owner, and the terms of the new agreement contained in the
41.27writing. No exclusion or modification shall be effective unless the vendor or the home
41.28improvement contractor provides substitute express warranties offering substantially the
41.29same protections to the vendee or the owner as the statutory warranties set forth in section
41.30327A.02 . Any modification or exclusion agreed to by vendee and vendor or the owner and
42.1home improvement contractor pursuant to this subdivision shall not require the approval
42.2of the commissioner of administration labor and industry pursuant to section 327A.07.

42.3    Sec. 60. Minnesota Statutes 2006, section 327A.07, is amended to read:
42.4327A.07 VARIATIONS.
42.5    The commissioner of administration labor and industry may approve pursuant to
42.6sections 14.05 to 14.28, variations from the provisions of sections 327A.02 and 327A.03
42.7if the warranty program of the vendor or the home improvement contractor requesting
42.8the variation offers at least substantially the same protections to the vendee or owner as
42.9provided by the statutory warranties set forth in section 327A.02.

42.10    Sec. 61. Minnesota Statutes 2007 Supplement, section 327B.04, subdivision 4, is
42.11amended to read:
42.12    Subd. 4. License prerequisites. No application shall be granted nor license issued
42.13until the applicant proves to the commissioner that:
42.14    (a) the applicant has a permanent, established place of business at each licensed
42.15location. An "established place of business" means a permanent enclosed building other
42.16than a residence, or a commercial office space, either owned by the applicant or leased by
42.17the applicant for a term of at least one year, located in an area where zoning regulations
42.18allow commercial activity, and where the books, records and files necessary to conduct
42.19the business are kept and maintained. The owner of a licensed manufactured home park
42.20who resides in or adjacent to the park may use the residence as the established place of
42.21business required by this subdivision, unless prohibited by local zoning ordinance.
42.22    If a license is granted, the licensee may use unimproved lots and premises for sale,
42.23storage, and display of manufactured homes, if the licensee first notifies the commissioner
42.24in writing;
42.25    (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
42.26homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
42.27of the new manufactured home it proposes to deal in;
42.28    (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the
42.29each agency and each subagency location that bears the applicant's name and the name
42.30under which the applicant will be licensed and do business in this state. Each bond is
42.31for the protection of consumer customers, and must be executed by the applicant as
42.32principal and issued by a surety company admitted to do business in this state. Each bond
42.33shall be exclusively for the purpose of reimbursing consumer customers and shall be
42.34conditioned upon the faithful compliance by the applicant with all of the laws and rules
43.1of this state pertaining to the applicant's business as a dealer or manufacturer, including
43.2sections 325D.44, 325F.67 and 325F.69, and upon the applicant's faithful performance of
43.3all its legal obligations to consumer customers; and (2) a certificate of liability insurance
43.4in the amount of $1,000,000 that provides aggregate coverage for the agency and each
43.5subagency location;
43.6    (d) the applicant has established a trust account as required by section 327B.08,
43.7subdivision 3
, unless the applicant states in writing its intention to limit its business to
43.8selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
43.9    (e) the applicant has provided evidence of having had at least two years' prior
43.10experience in the sale of manufactured homes, working for a licensed dealer.

43.11    Sec. 62. Minnesota Statutes 2006, section 327B.06, subdivision 1, is amended to read:
43.12    Subdivision 1. Retention. A dealer shall retain for three five years copies of all
43.13listings, deposit receipts, credit applications, contracts, disclosure forms, canceled checks,
43.14trust account records and other documents reasonably related to carrying on the business
43.15of a dealer. The retention period shall run from the date of the closing of the transaction or
43.16from the date of the listing if the transaction is not consummated.

43.17    Sec. 63. Laws 2007, chapter 140, article 4, section 12, is amended to read:
43.18    Sec. 12. Minnesota Statutes 2006, section 16B.65, is amended to read:
43.1916B.65 BUILDING OFFICIALS.
43.20    Subdivision 1. Designation. Each municipality shall designate a building official to
43.21administer the code. A municipality may designate no more than one building official
43.22responsible for code administration defined by each certification category established in
43.23rule. Two or more municipalities may combine in the designation of a building official
43.24for the purpose of administering the provisions of the code within their communities.
43.25In those municipalities for which no building officials have been designated, the state
43.26building official may use whichever state employees are necessary to perform the duties of
43.27the building official until the municipality makes a temporary or permanent designation.
43.28All costs incurred by virtue of these services rendered by state employees must be borne
43.29by the involved municipality and receipts arising from these services must be paid to
43.30the commissioner.
43.31    Subd. 2. Qualifications. A building official, to be eligible for designation, must
43.32be certified and have the experience in design, construction, and supervision which
43.33the commissioner deems necessary and must be generally informed on the quality and
43.34strength of building materials, accepted building construction requirements, and the nature
44.1of equipment and needs conducive to the safety, comfort, and convenience of building
44.2occupants. No person may be designated as a building official for a municipality unless
44.3the commissioner determines that the official is qualified as provided in subdivision 3.
44.4    Subd. 3. Certification. The commissioner shall by rule establish certification
44.5criteria as proof of qualification pursuant to subdivision 2. The commissioner may:
44.6    (1) develop and administer written and practical examinations to determine if a
44.7person is qualified pursuant to subdivision 2 to be a building official;
44.8    (2) accept documentation of successful completion of testing programs developed
44.9and administered by nationally recognized testing agencies, as proof of qualification
44.10pursuant to subdivision 2; or
44.11    (3) determine qualifications by satisfactory completion of clause (2) and a mandatory
44.12training program developed or approved by the commissioner.
44.13    Upon a determination of qualification under clause (1), (2), or (3), the commissioner
44.14shall issue a certificate to the building official stating that the official is certified. Each
44.15person applying for examination and certification pursuant to this section shall pay a
44.16nonrefundable fee of $70. The commissioner or a designee may establish categories of
44.17certification that will recognize the varying complexities of code enforcement in the
44.18municipalities within the state. The commissioner shall provide educational programs
44.19designed to train and assist building officials in carrying out their responsibilities.
44.20    Subd. 4. Duties. Building officials shall, in the municipality for which they
44.21are designated, be responsible for all aspects of code administration for which they
44.22are certified, including the issuance of all building permits and the inspection of all
44.23manufactured home installations. The commissioner may direct a municipality with
44.24a building official to perform services for another municipality, and in that event the
44.25municipality being served shall pay the municipality rendering the services the reasonable
44.26costs of the services. The costs may be subject to approval by the commissioner.
44.27    Subd. 5. Oversight committee. (a) The commissioner shall establish a Code
44.28Administration Oversight Committee that will, at the commissioner's request, recommend
44.29to the commissioner appropriate action pursuant to section 326B.82, in response to
44.30information received or obtained by the commissioner that supports a finding that: (1)
44.31an individual has engaged in, or is about to engage in, the unauthorized performance of
44.32the duties of a certified building official or the unauthorized use of the certified building
44.33official title; or (2) a certified building official has violated a statute, rule, stipulation,
44.34agreement, settlement, compliance agreement, cease and desist agreement, or order that
44.35the commissioner has adopted, issued, or has the authority to enforce and that is related to
44.36the duties of a certified building official.
45.1    (b) The committee shall consist of six members. One member shall be the
45.2commissioner's designee and five members shall be certified building officials who are
45.3appointed by the commissioner. At least two of the appointed certified building officials
45.4must be from nonmetropolitan counties. For the committee members who are not state
45.5officials or employees, their compensation and removal from the oversight committee is
45.6governed by section 15.059. The commissioner's designee shall serve as the chair of
45.7the oversight committee and shall not vote. The terms of the appointed members of the
45.8oversight committee shall be four years. The terms of three of the appointed members
45.9shall be coterminous with the governor and the terms of the remaining two appointed
45.10members shall end on the first Monday in January one year after the terms of the other
45.11appointed members expire. An appointed member may be reappointed. The committee is
45.12not subject to the expiration provisions of section 15.059, subdivision 5.
45.13    (c) If the commissioner determines that an individual has engaged in the
45.14unauthorized performance of the duties of a certified building official or the unauthorized
45.15use of the certified building official title, or that a certified building official has violated a
45.16statute, rule, stipulation, agreement, settlement, compliance agreement, cease and desist
45.17agreement, or order that the commissioner has adopted, issued, or is authorized to enforce
45.18that is related to the duties of a certified building official, the commissioner may take
45.19administrative actions against the individual pursuant to section 326B.082, subdivisions
45.207
and 11.
45.21    Subd. 5b. Grounds. In addition to the grounds set forth in section 326B.082,
45.22subdivision 11
, the commissioner may deny, suspend, limit, place conditions on, or
45.23revoke a certificate, or may censure an applicant or individual holding a certificate, if the
45.24applicant or individual:
45.25    (1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those
45.26sections; or
45.27    (2) engages in fraud, deceit, or misrepresentation while performing the duties of a
45.28certified building official.
45.29     Nothing in this subdivision limits or otherwise affects the authority of a municipality
45.30to dismiss or suspend a building official at its discretion, except as otherwise provided
45.31for by law.
45.32    Subd. 5c. Action against unlicensed persons. The commissioner may take any
45.33administrative action provided under section 326B.082, against an individual required
45.34to be certified under subdivision 3, based upon conduct that would provide grounds for
45.35action against a certificate holder under this section.
46.1    Subd. 6. Vacancies. In the event that a designated building official position is
46.2vacant within a municipality, that municipality shall designate a certified building official
46.3to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy
46.4or designation in writing within 15 days. If the municipality fails to designate a certified
46.5building official within 15 days of the occurrence of the vacancy, the state building official
46.6may provide state employees to serve that function as provided in subdivision 1 until the
46.7municipality makes a temporary or permanent designation. Municipalities must not issue
46.8permits without a designated certified building official.
46.9    Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the
46.10commissioner may by rule establish or approve continuing education programs for
46.11certified building officials dealing with matters of building code administration, inspection,
46.12and enforcement.
46.13    Each person certified as a building official for the state must satisfactorily complete
46.14applicable educational programs established or approved by the commissioner to retain
46.15certification.
46.16    Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of
46.17labor and industry may by rule adopt standards dealing with renewal requirements.
46.18    (b) If the commissioner has not issued a notice of denial of application for a
46.19certificate holder and if the certificate holder has properly and timely filed a fully completed
46.20renewal application, then the certificate holder may continue to engage in building official
46.21activities whether or not the renewed certificate has been received. Applications must be
46.22made on a form approved by the commissioner. Each application for renewal must be
46.23fully completed, and be accompanied by proof of the satisfactory completion of minimum
46.24continuing education requirements and the certification renewal fee established by the
46.25commissioner. Applications are timely if received prior to the expiration of the most
46.26recently issued certificate. An application for renewal that does not contain all of the
46.27information requested is an incomplete application and will not be accepted.
46.28    Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the
46.29date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
46.30    Subd. 10. Failure to renew. An individual who has failed to make a timely
46.31application for renewal of a certificate is not certified and must not serve as the designated
46.32building official for any municipality until a renewed certificate has been issued by the
46.33commissioner.
46.34EFFECTIVE DATE.This section is effective July 1, 2007.

46.35    Sec. 64. REVISOR'S INSTRUCTION.
47.1    (a) The revisor of statutes shall renumber each section of Minnesota Statutes listed
47.2in column A with the number listed in column B. The revisor shall also make necessary
47.3cross-reference changes consistent with the renumbering.
47.4
Column A
Column B
47.5
16B.655
326B.135
47.6
326.01, subdivision 4a
326B.31, subdivision 4a
47.7
326.01, subdivision 4b
326B.31, subdivision 4b
47.8
326.01, subdivision 4c
326B.31, subdivision 4c
47.9
326.01, subdivision 4d
326B.31, subdivision 4d
47.10
326.01, subdivision 4e
326B.31, subdivision 4e
47.11
326.01, subdivision 7
326B.42, subdivision 5
47.12
326.01, subdivision 8
326B.42, subdivision 6
47.13
326.3705
326B.435
47.14
326.371
326B.439
47.15
326.401
326B.474
47.16
326.402
326B.475
47.17
326.505
326B.925
47.18    (b) Notwithstanding the repeal of Minnesota Statutes 2006, section 16B.76, in Laws
47.192007, chapter 133, article 2, section 13, the revisor shall give effect to the revisor's
47.20instruction in Laws 2007, chapter 140, article 4, section 61, to renumber Minnesota
47.21Statutes, section 16B.76, as section 326B.07, by including the language of Minnesota
47.22Statutes, section 16B.76, as amended by Laws 2007, chapter 140, article 4, section 27,
47.23in Minnesota Statutes, section 326B.07.
47.24EFFECTIVE DATE.This section is effective the day following final enactment.

47.25    Sec. 65. REPEALER.
47.26Minnesota Statutes 2006, section 16B.69, Minnesota Statutes 2007 Supplement,
47.27sections 326.2411; 326.372; and 326.471, Laws 2007, chapter 9, section 1; Laws 2007,
47.28chapter 135, article 4, sections 2; 8; Laws 2007, chapter 135, article 6, section 3; Laws
47.292007, chapter 140, article 12, section 9; and Minnesota Rules, part 3800.3510, are repealed.
47.30EFFECTIVE DATE.This section is effective the day following final enactment.