Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 481-H.F.No. 1264
           An act relating to commerce; regulating pipefitters 
          and pipefitting; amending Minnesota Statutes 1982, 
          sections 326.46; 326.47; 326.48; and 326.50; proposing 
          new law coded in Minnesota Statutes, chapters 175 and 
          326; repealing Minnesota Statutes 1982, section 326.49.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 326.46, is 
amended to read: 
    326.46 [DEPARTMENT OF LABOR AND INDUSTRY TO SUPERVISE STEAM 
HIGH PRESSURE PIPING.] 
    The department of labor and industry shall supervise all 
high pressure steam piping in connection with all building used 
on all projects in this state, and may prescribe minimum 
standards which shall be uniform.  
    The department shall employ inspectors and other assistants 
to carry out the provisions of sections 326.46 to 326.52.  
    Sec. 2.  [326.461] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purpose of sections 1 to 
6, the following terms have the meanings given them.  
    Subd. 2.  [HIGH PRESSURE PIPING.] "High pressure piping" 
means all high pressure piping used in the installation of hot 
water or steam heating boilers, any systems of piping hot water 
for heating that exceed 30 p.s.i. gage and 250 degrees 
Fahrenheit, or any system of high pressure steam piping, but 
shall not include any high pressure piping under the direct 
jurisdiction of the United States.  
    Subd. 3.  [MUNICIPALITY.] "Municipality" means a statutory 
or home rule charter city.  
    Sec. 3.  Minnesota Statutes 1982, section 326.47, is 
amended to read: 
    326.47 [CITY MAY PROVIDE FOR INSPECTION; PERMIT 
APPLICATION, PERMIT, FILING, AND INSPECTION FEES.] 
    Any city may, by ordinance, prescribe rules and regulations 
for materials, construction, and inspection of high pressure 
steamfitting and provide that it shall not be installed in any 
building except in accordance with plans approved or provided in 
the ordinances, and that no steamfitting shall be done except 
minor repairs upon prescribed conditions.  
    Such local authority as may be designated by any such 
ordinance for the issuance of such steamfitting permits and such 
approved plans shall report to the department of labor and 
industry persistent or wilful violations of the same and any 
incompetency of a licensed steamfitter observed by such local 
authority.  
    Subdivision 1.  [REQUIRED PERMIT.] No person, firm, or 
corporation shall construct or install high pressure piping 
systems without first filing an application for a permit with 
the department of labor and industry or a municipality that has 
complied with subdivision 2.  Projects under construction prior 
to August 1, 1984, are not required to obtain a permit.  
    Subd. 2.  [PERMISSIVE MUNICIPAL REGULATION.] A municipality 
may, by ordinance, provide for the inspection of high pressure 
piping system materials and construction, and provide that it 
shall not be constructed or installed except in accordance with 
minimum state standards.  The authority designated by the 
ordinance for issuing high pressure piping permits and assuring 
compliance with state standards must report to the department of 
labor and industry all violations of state high pressure piping 
standards. 
    A municipality may not adopt an ordinance with high 
pressure piping standards that does not conform to the uniform 
standards prescribed by the department of labor and industry. 
The department of labor and industry shall specify by rule the 
minimum qualifications for municipal inspectors.  
    Subd. 3.  [SURCHARGE.] For the purpose of defraying the 
cost of administering sections 326.46 to 326.48, there is 
imposed on all municipalities except municipalities which have a 
letter of agreement with the Department of Labor and Industry to 
perform inspections, a surcharge on the filing fees, inspection 
fees and permits issued after December 31, 1984, in connection 
with the construction or installation of high pressure piping 
systems.  The surcharge shall be two percent of the fees 
collected but shall not be less than $10, nor greater than 
$2,000.  
    Subd. 4.  [COLLECTION AND REPORTS.] Fee surcharges must be 
collected by each municipality.  A municipality having a 
population greater than 20,000 people must prepare and submit 
quarterly to the commissioner a report of fees and surcharges 
collected during the previous quarter.  All other municipalities 
must submit reports and surcharges on a semiannual basis.  The 
reports must be in a form prescribed by the commissioner and 
submitted together with a remittance covering surcharges 
collected.  The report and surcharge are due by no later than 
the 15th day following the close of the period for which 
surcharges are being reported.  
    Subd. 5.  [REPORTING OF PERMITS ISSUED.] Each municipality 
must submit to the department of labor and industry a copy of 
each permit issued within ten days after issuance.  
    All permits must be issued on forms prescribed by or 
approved by the department of labor and industry.  
    Subd. 6.  [FILING AND INSPECTION FEES.] The department of 
labor and industry must charge a filing fee set by the 
commissioner under section 16A.128 for all applications for 
permits to construct or install high pressure piping systems. 
The fee for inspection of high pressure piping system 
construction or installation shall be set by the commissioner 
under section 16A.128.  This subdivision does not apply where a 
permit is issued by a municipality complying with subdivision 2. 
    Sec. 4.  Minnesota Statutes 1982, section 326.48, is 
amended to read: 
    326.48 [STEAMFITTERS PIPEFITTERS MUST BE LICENSED.] 
    Subdivision 1.  No person, firm, or corporation shall 
engage in or work at the business of a contracting steamfitter 
pipefitter or journeyman steamfitter pipefitter unless licensed 
to do so by the department of labor and industry.  No license 
shall be required for minor repairs on existing installations, 
provided the repairs shall be made in compliance with the 
prescribed minimum standards of the department of labor and 
industry.  A contracting steamfitter pipefitter may also work as 
a journeyman steamfitter pipefitter. 
    No person, firm, or corporation shall engage in the 
business of installing high pressure steam piping, nor install 
high pressure steam piping in connection with the dealing in and 
selling of high pressure steam pipe material and supplies, 
unless, at all times, a licensed steamfitter pipefitter, who 
shall be responsible for proper installation, is in charge of 
the high pressure steamfitting pipefitting work of the person, 
firm, or corporation. 
    The department of labor and industry shall prescribe rules, 
not inconsistent herewith, for the examination and licensing of 
steamfitting pipefitting.  
    An employee performing the duties of inspector for the 
department of labor and industry in regulating steamfitting 
pipefitting shall not receive time credit for the inspection 
duties when making an application for a license required by this 
section.  
    Subd. 2.  [CONTRACTING STEAMFITTER'S PIPEFITTER'S LICENSE; 
BOND AND INSURANCE REQUIREMENTS.] The applicant for a 
contracting steamfitter pipefitter license may give bond to the 
state in the total penal sum of $2,000 conditioned upon the 
faithful and lawful performance of all work entered upon by him 
within the state.  The bond shall be for the benefit of persons 
injured or suffering financial loss by reason of failure of 
performance.  The term of the bond shall be concurrent with the 
term of the license.  The bond shall be filed with the secretary 
of state of the state and shall be in lieu of all other license 
bonds to any political subdivision.  The bond shall be written 
by a corporate surety licensed to do business in the state. 
    In addition, each applicant for a contracting steamfitter's 
pipefitter's license or renewal thereof, may provide evidence of 
public liability insurance, including products liability 
insurance, with limits of at least $50,000 per person and 
$100,000 per occurrence and property damage insurance with 
limits of at least $10,000.  The insurance shall be written by 
an insurer licensed to do business in the state and each 
licensed contracting steamfitter pipefitter shall maintain on 
file with the department, a certificate evidencing the insurance 
which provides that the insurance shall not be cancelled without 
the insurer first giving 15 days written notice to the 
department.  The term of the insurance shall be concurrent with 
the term of the license.  The certificate shall be in lieu of 
all other certificates required by any political subdivision for 
licensing purposes. 
    Subd. 3.  [BOND AND INSURANCE EXEMPTION.] A contracting 
steamfitter pipefitter who is an employee of a contracting 
steamfitter pipefitter or who is an employee engaged within the 
limits of property owned, leased and operated, or maintained by 
his the employer, in the maintenance and repair of high pressure 
steam pipe work, equipment, or facilities owned or leased by the 
employer, shall not be required to meet the bond and insurance 
requirements of subdivision 2. 
    Subd. 4.  [ALTERNATIVE COMPLIANCE.] Compliance with the 
local bond requirements of a locale within which work is to be 
performed shall be deemed to satisfy the bond and insurance 
requirements of subdivision 2. 
    Subd. 5.  [FEE.] The state department of labor and industry 
may charge each applicant for a contracting steamfitter 
pipefitter license or for a renewal of a contracting steamfitter 
pipefitter license and an additional fee commensurate with the 
cost of administering the bond and insurance requirements of 
subdivision 2. 
    Sec. 5.  Minnesota Statutes 1982, section 326.50, is 
amended to read: 
    326.50 [APPLICATION; FEES.] 
    Application for a steamfitter's pipefitter's license shall 
be made to the department of labor and industry, with fees.  
Unless entitled to a renewal, the applicant shall be licensed 
only after passing a satisfactory examination by the examiners 
showing fitness.  Fees for journeymen shall be $25 for 
examination and $15 for renewal, and for master steamfitters $75 
pipefitters for examination and $60 for renewal shall be set by 
the commissioner under section 16A.128.  Licenses shall expire 
December 31, but may be renewed upon application made the 
following January or February; but, if in February, only upon 
payment of an additional fee of $5 set by the commissioner under 
section 16A.128. 
    The commissioner may issue a temporary license to a 
qualified individual with specific skills that a contractor or 
employer requires to construct or install a high pressure piping 
system.  A temporary license must be renewed every 12 months. No 
individual may hold a temporary license for high pressure 
pipefitting for more than 36 months.  The fee for a temporary 
license and for renewal of a temporary license shall be set by 
the commissioner under section 16A.128. 
    Sec. 6.  [175.008] [CODE ENFORCEMENT ADVISORY COUNCIL; 
CREATION.] 
    The commissioner shall appoint an 11 member advisory 
council on code enforcement.  The terms, compensation, and 
removal of council members is governed by section 15.059.  The 
council shall not expire as provided by section 15.059.  The 
council shall advise the commissioner on matters within the 
council's expertise or under the regulation of the commissioner. 
    Sec. 7.  [APPROPRIATION.] 
    For the fiscal year ending June 30, 1985, the sum of 
$197,200, is appropriated from the general fund to the 
commissioner of labor and industry.  This appropriation is for 
increased personnel and expenses related to the duties contained 
in this act.  The approved complement of the department of labor 
and industry is increased by five.  
    It is estimated that $197,200, in nondedicated receipts 
will be deposited in the general fund in fiscal year 1985 
resulting from fees authorized in this act.  
    Sec. 8.  [REPEALER.] 
    Minnesota Statutes 1982, section 326.49, is repealed. 
    Approved April 25, 1984