Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 73-H.F.No. 825 
           An act relating to occupations and professions; 
          regulating electricians; amending Minnesota Statutes 
          1984, sections 326.01, subdivisions 2, 5, 6b, and by 
          adding a subdivision; 326.242, subdivisions 1, 2, 3, 
          6, and 9; 326.243; 326.244, subdivisions 1, 2, and 5; 
          and 326.246. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 326.01, 
subdivision 2, is amended to read:  
    Subd. 2.  [CLASS A MASTER ELECTRICIAN.] The term "Class A 
master electrician" means a person having the necessary 
qualifications, training, experience, and technical knowledge to 
install and repair and to properly plan, lay out, and supervise 
the installation of wiring, apparatus, and equipment for 
electric light, heat, power, and other purposes who is licensed 
as such by the state board of electricity.  
    Sec. 2.  Minnesota Statutes 1984, section 326.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [ELECTRICAL CONTRACTOR.] The term "electrical 
contractor" means any a person, as herein defined, who firm, or 
corporation operating a business that undertakes or offers to 
undertake for another to plan for, lay out, supervise, and or 
install or to make additions, alterations, and or repairs in the 
installation of wiring, apparatus and or equipment for electric 
light, heat, and or power for a fixed sum, price, fee, 
percentage or other with or without compensation and who is 
licensed as such by the state board of electricity.  An 
electrical contractor's license does not of itself qualify its 
holder to perform the electrical work authorized by holding any 
class of electrician's license. 
    Sec. 3.  Minnesota Statutes 1984, section 326.01, 
subdivision 6b, is amended to read: 
    Subd. 6b.  [CLASS A INSTALLER.] The term "Class A installer"
means a person who has the necessary qualifications, training, 
experience, and technical knowledge to properly lay out and 
install electrical wiring, apparatus, and equipment for major 
electrical home appliances and such other electrical equipment 
as is determined by the state board of electricity pursuant to 
section 326.242, subdivision 3, on the load side of the main 
service on farmsteads or in any town or municipality with less 
than 1500 inhabitants, which is not contiguous to a city of the 
first class and does not contain an established business of a 
master electrician, and who is licensed as such by the state 
board of electricity.  
    Sec. 4.  Minnesota Statutes 1984, section 326.01, is 
amended by adding a subdivision to read: 
     Subd. 6c.  [CLASS B INSTALLER.] The term "Class B installer"
means a person who has the necessary qualifications, training, 
experience, and technical knowledge to properly lay out and 
install electrical wiring, apparatus, and equipment on center 
pivot irrigation booms on the load side of the main service on 
farmsteads, and install other electrical equipment determined by 
the state board of electricity.  A Class B installer must be 
licensed by the board of electricity. 
    Sec. 5.  Minnesota Statutes 1984, section 326.242, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MASTER ELECTRICIAN.] Except as otherwise 
provided by law, no person shall, for another plan, install, 
repair, lay out, and or supervise the installation of wiring, 
apparatus, and or equipment for electrical light, heat, power, 
and or other purposes unless he is licensed by the board as a 
master electrician or licensed electrical contractor.  
    (1) An applicant for a Class A master electrician's license 
shall (a) be a graduate of a four year electrical course in an 
accredited college or university; or (b) shall have had at least 
one year's experience, acceptable to the board, as a licensed 
journeyman; or (c) shall have had at least five years' 
experience, acceptable to the board, in planning for, laying 
out, supervising and installing wiring, apparatus, or equipment 
for electrical light, heat and power.  
    (2) An applicant for a Class B master electrician's license 
shall have had at least three years of experience, acceptable to 
the board, in electrical work.  No Class B master electrician's 
license shall be valid except in regard to single phase systems, 
not over 200 amperes in capacity, on farmsteads or in single 
family dwellings located in towns or municipalities with fewer 
than 2500 inhabitants.  References herein to "master 
electrician" shall include "Class B master electrician" unless 
otherwise specified As of the effective date of this 
subdivision, no new Class B master electrician's licenses shall 
be issued.  An individual who has a Class B master electrician's 
license as of the effective date of this subdivision may retain 
the license and exercise the privileges it grants, which include 
electrical work limited to single phase systems, not over 200 
amperes in capacity, on farmsteads or single-family dwellings 
located in towns or municipalities with fewer than 2,500 
inhabitants.  
     Sec. 6.  Minnesota Statutes 1984, section 326.242, 
subdivision 2, is amended to read: 
    Subd. 2.  [JOURNEYMAN ELECTRICIAN.] Except as otherwise 
provided by law, no person shall, for another, wire for, 
install, or repair electrical wiring, apparatus, or equipment, 
unless he is licensed by the board as a master electrician or 
journeyman electrician or employed by a licensed electrical 
contractor. 
    (1) An applicant for a Class A journeyman electrician's 
license shall have had at least four years of experience, 
acceptable to the board, in wiring for, installing, and 
repairing electrical wiring, apparatus, or equipment, provided 
however, that the board may by rule or regulation provide for 
the allowance of one year of experience credit for successful 
completion of a two-year post high school electrical course 
approved by the board. 
    (2) An applicant for a Class B journeyman electrician's 
license shall have had at least two years of experience, 
acceptable to the board, in wiring for, installing, and 
repairing electrical wiring, apparatus, or equipment; provided, 
however, that the board may by rule provide for the allowance of 
one year of experience credit for successful completion of a 
two-year post high school electrical course approved by the 
board.  No Class B journeyman's license shall be valid except in 
regard to single phase systems, not over 200 amperes in 
capacity, on farmsteads or in single family dwellings located in 
towns or municipalities with fewer than 2500 inhabitants As of 
the effective date of this subdivision, no new Class B 
journeyman electrician's licenses shall be issued.  An 
individual who holds a Class B journeyman electrician's license 
as of the effective date of this subdivision may retain the 
license and exercise the privileges it grants, which include 
electrical work limited to single phase systems, not over 200 
amperes in capacity, on farmsteads or on single-family dwellings 
located in towns or municipalities with fewer than 2,500 
inhabitants. 
    Sec. 7.  Minnesota Statutes 1984, section 326.242, 
subdivision 3, is amended to read: 
    Subd. 3.  [CLASS A INSTALLER.] Notwithstanding the 
provisions of subdivisions 1, 2 and 6, any person holding a 
class A installer license may lay out and install electrical 
wiring, apparatus and equipment for major electrical home 
appliances on the load side of the main service on farmsteads 
and in any town or municipality with fewer than 1500 
inhabitants, which is not contiguous to a city of the first 
class and does not contain an established business of a master 
electrician. 
    Subd. 3a.  [CLASS B INSTALLER.] Notwithstanding the 
provisions of subdivisions 1, 2 and 6, any person holding a 
class B installer license may lay out and install electrical 
wiring, apparatus and equipment on center pivot irrigation booms 
on the load side of the main service on farmsteads, and install 
such other electrical equipment as is determined by the board.  
    Subd. 3b.  [COURSEWORK OR EXPERIENCE.] An applicant for an 
a Class A or B installer license shall have completed a post 
high school course in electricity acceptable to the board or 
shall have had at least one year's experience, acceptable to the 
board or shall have had at least one year's experience, 
acceptable to the board, in electrical wiring.  
    Subd. 3c.  [BOND.] Every installer, as a condition of his 
license, shall give bond to the state in the sum of $1,000 
conditioned upon the faithful and lawful performance of all work 
contracted for or entered upon by him within the state of 
Minnesota, and such bond shall be for the benefit of persons 
injured or suffering financial loss by reason of failure of such 
performance.  Such bond shall be in lieu of all other license 
bonds to any political subdivision of the state.  Such bond 
shall be written by a corporate surety licensed to do business 
in the state of Minnesota. 
     Sec. 8.  Minnesota Statutes 1984, section 326.242, 
subdivision 6, is amended to read: 
    Subd. 6.  [CONTRACTORS.] Except as otherwise provided by 
law, no person other than an employee of a licensed electrical 
contractor as defined by section 326.01, subdivision 5, shall 
undertake or offer to undertake for another to plan for, lay 
out, supervise and or install or to make additions, 
alterations, and or repairs in the installation of wiring 
apparatus and equipment for electrical light, heat, and or power 
for a fixed sum, price, fee, percentage, or other similar with 
or without compensation unless he shall obtain an electrical 
contractor's license.  Such license shall be issued by the board 
upon the contractor's giving bond to the state in the penal sum 
of $2,000 $5,000 conditioned upon the faithful and lawful 
performance of all work entered upon by him within the state of 
Minnesota and such bond shall be for the benefit of persons 
injured or suffering financial loss by reason of failure of such 
performance.  The bond shall be filed with the board and shall 
be in lieu of all other license bonds to any political 
subdivision.  Such bond shall be written by a corporate surety 
licensed to do business in the state of Minnesota.  
    Each licensed electrical contractor shall have and maintain 
in effect public liability insurance (including products 
liability insurance) with limits of at least $50,000 per person 
and $100,000 per occurrence and property damage insurance with 
limits of at least $10,000 general liability insurance, which 
includes premises and operations insurance and products and 
completed operations insurance, with limits of at least $100,000 
per occurrence, $300,000 aggregate limit for bodily injury, and 
property damage insurance with limits of at least $25,000 or a 
policy with a single limit for bodily injury and property damage 
of $300,000 per occurrence and $300,000 aggregate limits.  Such 
insurance shall be written by an insurer licensed to do business 
in the state of Minnesota and each licensed electrical 
contractor shall maintain on file with the board a certificate 
evidencing such insurance which provides that such insurance 
shall not be cancelled without the insurer first giving 15 days 
written notice to the board of such cancellation.  
    No contractor shall engage in business unless he is or has 
in his employ a licensed Class A master or Class B master 
electrician, who shall be responsible for the performance of all 
electrical work in accordance with the requirements of this Act, 
and the classes of work for which the licensed electrical 
contractor is authorized shall be limited to those for which 
such Class A master, or Class B master employed by him is 
licensed.  When an electrical contractor's license is held by an 
individual, partnership, or corporation and the individual, one 
of the partners, or an officer of the corporation, respectively, 
is not the responsible master electrician of record, all 
requests for inspection shall be signed by the responsible 
master electrician of record.  The application for an electrical 
contractor's license must include a verified statement that the 
designated responsible master electrician is a full-time 
employee of the individual, partnership, or corporation which is 
applying for an electrical contractor's license.  For purposes 
of this subdivision, a full-time employee of a licensed 
electrical contractor is an individual who is not employed in 
any capacity as a licensed electrician by any other electrical 
contractor. 
     Sec. 9.  Minnesota Statutes 1984, section 326.242, 
subdivision 9, is amended to read: 
    Subd. 9.  [DENIAL, SUSPENSION, AND REVOCATION OF 
LICENSES.] The board may revoke, suspend, or refuse to renew any 
license issued hereunder. The board of electricity may by order 
deny, suspend, revoke, or refuse to renew a license, or may 
censure a licensee if the board finds (1) that the order is in 
the public interest and (2) that the applicant or licensee: 
    (a) has filed an application for a license which is 
incomplete in any material respect or contains any statement 
which, in light of the circumstances under which it is made, is 
false or misleading with respect to any material fact; 
    (b) has engaged in any fraudulent, deceptive, or dishonest 
practice; 
    (c) has been convicted within the past five years of a 
misdemeanor involving a violation of the Minnesota electrical 
act; or 
    (d) has violated or failed to comply with sections 326.241 
to 326.248 or any rule or order adopted under these sections.  A 
violation need not be willful. 
    The board of electricity may adopt rules further specifying 
and defining actions and omissions that constitute fraudulent, 
deceptive, or dishonest practices, and establishing standards of 
conduct for licensees. 
     Sec. 10.  Minnesota Statutes 1984, section 326.243, is 
amended to read: 
    326.243 [SAFETY STANDARDS.] 
    All electrical wiring, apparatus and equipment for electric 
light, heat and power shall comply with the rules and 
regulations of the department of public service, the 
commissioner of commerce, or the department of labor and 
industry, as applicable, and be installed in conformity with 
accepted standards of construction for safety to life and 
property.  For the purposes of this chapter, the regulations and 
safety standards stated at the time the work is done in the then 
most recently published edition of the National Electrical Code 
as adopted by the National Fire Protection Association, Inc. and 
approved by the United States of America American National 
Standards Institute, and the National Electrical Safety Code 
as issued by the National Bureau of Standards published by the 
Institute of Electrical and Electronics Engineers, Inc. and 
approved by the American National Standards Institute, shall be 
prima facie evidence of accepted standards of construction for 
safety to life and property; provided further, that in the event 
a Minnesota building code is formulated pursuant to section 
16B.61, containing approved methods of electrical construction 
for safety to life and property, compliance with said methods of 
electrical construction of said Minnesota building code shall 
also constitute compliance with this section, and provided 
further, that nothing herein contained shall prohibit any 
political subdivision from making and enforcing more stringent 
requirements than set forth herein and such requirements shall 
be complied with by all licensed electricians working within the 
jurisdiction of such political subdivisions.  
     Sec. 11.  Minnesota Statutes 1984, section 326.244, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIRED INSPECTION.] Except in cities of 
the first and second class and such other where any political 
subdivisions as have inspection subdivision has by ordinance 
provided for electrical inspection similar to that herein 
provided, every new electrical installation in any construction, 
remodeling, replacement, or repair, except minor repair work as 
the same is defined by the board by rule or regulation, shall be 
inspected by the board for compliance with accepted standards of 
construction for safety to life and property.  
     Sec. 12.  Minnesota Statutes 1984, section 326.244, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURE.] (a) At or before commencement of any 
installation required to be inspected by the board, the 
electrical contractor, installer, special electrician, or owner 
making the installation shall submit to the board a request for 
inspection, in a form prescribed by the board, together with the 
fees required for the installation.  For purposes of this 
subdivision, an owner is a person who physically performs all 
the electrical work on premises he or she owns and actually 
occupies as his or her residence or that he or she will own and 
actually occupy as his or her residence upon completion of 
construction. 
    (b) The fees required are a handling fee and an inspection 
fee.  The handling fee shall be set by the board in an amount 
sufficient to pay the cost of printing and handling the form 
requesting an inspection.  The inspection fee shall be set by 
the board in an amount sufficient to pay the actual costs of the 
inspection and the board's costs in administering the 
inspection.  All fees shall be set pursuant to the procedure of 
sections 14.01 to 14.70.  
    (c) All handling fees shall be deposited in the general 
fund.  All inspection fees collected pursuant to this section 
shall be deposited by the board in a special revenue bookkeeping 
account of the treasury and are appropriated to the board for 
the purpose of compensating contract inspectors for inspections 
performed, for transfer to the general fund of the portion of 
the fee representing inspection administration costs, and for 
making refunds.  
    (d) If the inspector finds that the installation is not in 
compliance with accepted standards of construction for safety to 
life and property as required by section 326.243, the inspector 
shall by written order condemn the installation or noncomplying 
portion thereof, or order service to the installation 
disconnected, and shall send a copy of the order to the board.  
If the installation or the noncomplying part will seriously and 
proximately endanger human life and property, the order of the 
inspector, when approved by the inspector's superior, shall 
require immediate condemnation or disconnection.  In all other 
cases, the order of the inspector shall permit a reasonable 
opportunity for the installation to be brought into compliance 
with accepted standards of construction for safety to life and 
property prior to the effective time established for 
condemnation or disconnection. 
     (e) Copies of each condemnation or disconnection order 
shall be served personally or by mail upon the property owner, 
and the electrical contractor, installer, or special electrician 
making the installation, and other persons as the board by rule 
or regulation may direct.  An aggrieved party may appeal any 
condemnation or disconnection order by filing with the board a 
notice of appeal within ten days after (1) service upon the 
aggrieved party of the condemnation or disconnection order, if 
this service is required, or (2) filing of the order with the 
board, whichever is later.  The appeal shall proceed and the 
order of the inspector shall have the effect the order, by its 
terms, and the rules of the board provides.  The board shall 
adopt rules providing procedures for the conduct of appeals, 
including provisions for the stay of enforcement of the order of 
the inspector pending such appeal when justified by the 
circumstances. 
     Sec. 13.  Minnesota Statutes 1984, section 326.244, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXEMPTIONS FROM INSPECTIONS.] Installations, 
materials, or equipment shall not be subject to inspection under 
Laws 1967, Chapter 602: 
    1.  When owned or leased, operated and maintained by any 
employer whose maintenance electricians are exempt from 
licensing under Laws 1967, Chapter 602, except any electrical 
installations in any new construction or major remodeling while 
performing electrical maintenance work only as defined by board 
rule; or 
    2.  When owned or leased, and operated and maintained by 
any electric, communications or railway utility in the exercise 
of its utility function; and 
    (i) are used in connection with the generations, 
transformation, distribution, transmission, or metering of 
electric current, or the operation of railway signals, or the 
transmission of intelligence, and do not have as a principal 
function the consumption or use of electric current by or for 
the benefit of any person other than such utility; and 
    (ii) are generally accessible only to employees of such 
utility or persons acting under its control or direction; or 
    3.  When used in the street lighting operations of an 
electric utility; or 
    4.  When used as outdoor area lights which are owned and 
operated by an electric utility and which are connected directly 
to its distribution system and located upon the utility's 
distribution poles, and which are generally accessible only to 
employees of such utility or persons acting under its control or 
direction.  
    Sec. 14.  Minnesota Statutes 1984, section 326.246, is 
amended to read: 
    326.246 [CRIMES.] 
    It is a misdemeanor knowingly and willfully to commit, or 
to order, instruct, or direct another to commit, any of the 
following acts: 
    (1) To make a false statement in any license application, 
request for inspection, certificate or other lawfully authorized 
or required form or statement provided by Laws 1967, Chapter 602;
    (2) To perform electrical work for another without a proper 
license for such work; 
    (3) To fail to file a request for inspection when required; 
    (4) To interfere with, or refuse entry to, an inspector 
lawfully engaged in the performance of his duties; and 
    (5) To violate any lawful statute, rule, regulation or 
order of the board, or any city ordinance which pertains to 
powers given to political subdivisions under section 326.244, 
subdivision 4. 
    Approved May 6, 1985