Minnesota Session Laws - 1985, 1st Special Session

 

                         Laws of Minnesota 1985 

                          CHAPTER 6-S.F.No. 15 
           An act relating to occupations and professions; 
          regulating persons who lay out, install, or maintain 
          certain alarm systems; changing membership on the 
          board of electricity; prescribing a penalty; amending 
          Minnesota Statutes 1984, sections 326.01, by adding a 
          subdivision; 326.241; 326.242, subdivisions 8 and 12; 
          326.243, as amended; 326.244, subdivisions 4, 5, as 
          amended, and by adding a subdivision; and 326.246, as 
          amended; proposing coding for new law in Minnesota 
          Statutes, chapter 326. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [326.2421] [ALARM AND COMMUNICATION SYSTEMS.] 
    Subdivision 1.  [APPLICABILITY OF LAW.] Sections 326.241, 
326.242, and 326.244 to 326.248 do not apply to a person who 
lays out, installs, or maintains class 2 or class 3 signaling 
circuits, outside wiring for alarm systems, or communication 
circuits or systems covered by articles 725, 770, 800, 810, and 
820 of the National Electrical Code, as that code was approved 
by the American National Standards Institute and was in effect 
on January 14, 1985, if that person maintains a bond and 
insurance in the amounts required by section 326.242, 
subdivision 6.  
    Subd. 2.  [EXEMPTION.] Except as provided in subdivision 3, 
no person exempt under subdivision 1 or licensed pursuant to 
subdivision 3 may be required to obtain any authorization, 
permit, franchise, or license from, or pay any fee, franchise 
tax, or other assessment to, any agency, department, board, or 
political subdivision of the state as a condition for performing 
any work described herein.  The requirements of this section 
shall not apply to telephone companies as defined under section 
237.01 nor to their employees, that are only engaged in the 
laying out, installation, and repair of telephone systems. 
    Subd. 3.  [ALARM AND COMMUNICATION CONTRACTOR'S 
LICENSES.] No person may lay out, install, maintain, or repair 
alarm and communication systems, unless the person is licensed 
as an alarm and communication contractor under this subdivision 
or is an employee of the contractor.  The board of electricity 
shall issue an alarm and communication contractor's license to 
any individual, corporation, partnership, sole proprietorship, 
or other business entity that provides adequate proof that a 
bond and insurance in the amounts required by section 326.242, 
subdivision 6, have been obtained by the applicant.  The board 
may initially set license fees without rulemaking, pursuant to 
section 16A.128.  Installation of alarm and communication 
systems are subject to inspection and inspection fees as 
provided in section 7. 
    Subd. 4.  [EXAMINATION.] No alarm and communication 
contractor shall be issued a license by the board under this 
section unless the contractor or an employee of the contractor 
has passed an alarm and communication system examination given 
by the board of electricity.  
    Subd. 5.  [PENALTY.] Any person who undertakes or offers to 
undertake for another to perform work described under 
subdivision 1 without having obtained the required bond and 
insurance is guilty of a misdemeanor.  
    Subd. 6.  [EXISTING CONTRACTORS.] Persons who on July 1, 
1985, are in the business of laying out, installing, 
maintaining, or repairing alarm and communication systems and 
who have filed a license application with the electrical board 
by July 1, 1986, shall be allowed to continue in that business 
as if licensed under subdivision 3 until final action is taken 
by the board upon their applications.  Contractors who are in 
the business on July 1, 1985, and who file a license application 
with the board by July 1, 1986, are exempt from the requirements 
of subdivision 4.  
    Subd. 6a.  [NEW CONTRACTORS.] Notwithstanding the 
requirements of subdivision 4, persons who are not in the 
business of laying out, installing, maintaining, or repairing 
alarm and communication systems on July 1, 1985, may obtain an 
alarm and communication contractor's license if they obtain the 
required bond and insurance as required under subdivision 3 and 
the contractor or an employee of the contractor by July 1, 1986, 
passes the examination given by the board.  
    Subd. 7.  [HAZARDOUS LOCATIONS.] The provisions of this 
section shall not apply to work performed in hazardous 
classified locations covered by articles 500 to 517 of the 
National Electrical Code as that code was approved by the 
American National Standards Institute and was in effect January 
14, 1985. 
    Subd. 8.  [LIMITATION.] Nothing in this section prohibits a 
unit of local government from charging a franchise fee to the 
operator of a cable communications system. 
    Sec. 2.  Minnesota Statutes 1984, section 326.01, is 
amended by adding a subdivision to read: 
    Subd. 6d.  [ALARM AND COMMUNICATION SYSTEM.] The term 
"alarm and communication system" means class 2 or class 3 
signaling circuits, power limited fire protective signaling 
circuits, class 2 or class 3 alarm systems, or communication 
circuits or systems, as covered by articles 725, 760, 770, 800, 
810, and 820, of the National Electrical Code as that code was 
approved by the American National Standards Institute and was in 
effect on January 14, 1985. 
    Sec. 3.  Minnesota Statutes 1984, section 326.241, is 
amended to read: 
    326.241 [BOARD OF ELECTRICITY.] 
    Subdivision 1.  [COMPOSITION.] The board of electricity 
shall consist of nine 11 members, residents of the state, 
appointed by the governor of whom at least two shall be 
representatives of the electrical suppliers in the rural areas 
of the state, two shall be master electricians, who shall be 
contractors, two journeyman electricians, one registered 
consulting electrical engineer, two licensed alarm and 
communication system contractors engaged in the business of 
installing alarm and communication systems, and two public 
members as defined by section 214.02.  Membership terms, 
compensation of members, removal of members, the filling of 
membership vacancies, and fiscal year and reporting requirements 
shall be as provided in sections 214.07 to 214.09.  The 
provision of staff, administrative services and office space; 
the review and processing of complaints; the setting of board 
fees; and other provisions relating to board operations shall be 
as provided in chapter 214. 
    Subd. 2.  [POWERS.] The board shall have power to: 
    (1) Elect its own officers; 
    (2) Engage and fix the compensation of inspectors, and hire 
employees.  The salary of the executive secretary shall be 
established pursuant to chapter 43A.  All agents and employees 
other than contract inspectors shall be in the classified 
service and shall be compensated pursuant to chapter 43A.  All 
inspectors shall hold licenses as master or journeyman 
electricians under section 326.242, subdivision 1(1) or 
subdivision 2(1), and shall give bond in an amount fixed by the 
board, conditioned upon the faithful performance of their duties.
    (3) To pay such other expenses as it may deem necessary in 
the performance of its duties, including rent, supplies, and 
such like. 
    (4) To enforce the provisions of Laws 1967, chapter 602 
sections 326.241 to 326.248, and provide, upon request, such 
additional voluntary inspections and reviews as it may deem 
appropriate. 
    (5) To issue, renew, refuse to renew, suspend and revoke 
licenses provided for in Laws 1967, chapter 602 sections 326.241 
to 326.248. 
    (6) To adopt reasonable rules to carry out its duties under 
Laws 1967, chapter 602 sections 326.241 to 326.248 and to 
provide for the amount and collection of fees for inspection and 
other services.  All rules shall be adopted in accordance with 
chapter 14. 
    Subd. 3.  [FEES AND FINANCES; DISPOSITION.] All license 
fees collected under the provisions of sections 326.241 to 
326.248 are to be credited to the general fund.  The expenses of 
administering sections 326.241 to 326.248 shall be paid from 
appropriations made to the board of electricity. 
    Sec. 4.  Minnesota Statutes 1984, section 326.242, 
subdivision 8, is amended to read: 
    Subd. 8.  [LICENSE AND RENEWAL FEES.] All licenses issued 
hereunder shall expire in a manner as provided by the board. 
Fees, as set by the board, shall be payable for examination, 
issuance and renewal of the following: 
    (1) For examination: 
    Class A Master. 
    Class B Master. 
    Class A Journeyman, Class B Journeyman, Installer, Alarm 
and Communications Contractor, or Special Electrician. 
    (2) For issuance of original license and renewal: 
    Class A Master. 
    Class B Master. 
    Class A Journeyman, Class B Journeyman, Installer, or 
Special Electrician. 
    Electrical contractor. 
    Alarm and Communication System Contractor. 
    Sec. 5.  Minnesota Statutes 1984, section 326.242, 
subdivision 12, is amended to read: 
    Subd. 12.  [EXEMPTIONS FROM LICENSING.] (a) A maintenance 
electrician who is supervised by a master electrician or an 
electrical engineer registered with the board and who is an 
employee of an employer and is engaged in the maintenance, and 
repair of electrical equipment, apparatus, and facilities owned 
or leased by his employer, and performed within the limits of 
property which is owned or leased and operated and maintained by 
said employer, shall not be required to hold or obtain a license 
under Laws 1967, Chapter 602 sections 326.241 to 326.248; or 
    (b) Employees of a licensed alarm and communication 
contractor are not required to hold a license under sections 
326.241 to 326.248 while performing work authorized to be 
conducted by an alarm and communication contractor; or 
    (c) Employees of any electric, communications, or railway 
utility, or a telephone company as defined under section 237.01 
or its employees, or of any independent contractor performing 
work on behalf of any such utility or telephone company, shall 
not be required to hold licenses a license under sections 
326.241 to 326.248: 
    1.  While performing work on installations, materials, or 
equipment which are owned or leased, and operated and maintained 
by such utility or telephone company in the exercise of its 
utility or telephone function, and which 
    (i) are used in connection with exclusively for the 
generation, 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 or 
telephone company, and 
    (ii) are generally accessible only to employees of such 
utility or telephone company or persons acting under its control 
or direction; or 
    2.  While performing work on installations, materials, or 
equipment which are a part of the street lighting operations of 
such utility; or 
    3.  While installing or performing work on outdoor area 
lights which are directly connected to a utility's 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. 6.  Minnesota Statutes 1984, section 326.243, as 
amended by Laws 1985, chapter 73, section 10, is amended to read:
    326.243 [SAFETY STANDARDS.] 
    All electrical wiring, apparatus and equipment for electric 
light, heat and power, alarm and communication systems 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 American National 
Standards Institute, and the National Electrical Safety Code as 
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. 7.  Minnesota Statutes 1984, section 326.244, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [ALARM AND COMMUNICATION SYSTEMS.] (a) The 
installation of fire alarm systems as defined in article 760 of 
the National Electrical Code, except minor work performed by a 
contractor, must be inspected as provided in this section for 
compliance with the applicable provisions of articles 725, 760, 
770, 800, 810, and 820 of the most recent edition of the 
National Electrical Code and the applicable provisions of the 
National Electrical Safety Code, as those codes were approved by 
the American National Standards Institute. 
    (b) The installation of alarm and communication systems as 
defined in articles 725, 770, 800, 810, and 820 of the National 
Electrical Code must be inspected only when requested by the 
owner of the property where the installation was made. 
    (c) For the purposes of this subdivision "minor work" means 
the adjustment or repair and replacement of worn or defective 
parts of an alarm or communication system.  Minor work may be 
inspected under this section at the request of the owner of the 
property or the person doing the work. 
    (d) Notwithstanding this subdivision, if an electrical 
inspector in the course of doing another inspection in a 
building observes that an alarm and communication contractor has 
not complied with accepted standards when the work was 
performed, as provided in the most recent editions of the 
National Electrical Code and the National Electrical Safety Code 
as approved by the American National Standards Institute, the 
inspector may order the contractor who has performed the work to 
make any necessary repairs to comply with applicable standards 
and require that the work be inspected. 
    Sec. 8.  Minnesota Statutes 1984, section 326.244, 
subdivision 4, is amended to read: 
    Subd. 4.  [POWERS OF POLITICAL SUBDIVISIONS.] Any political 
subdivision may make provision for inspection of electrical 
installations within its jurisdiction, in which case it shall 
keep on file with the board copies of its current inspection 
ordinances and codes.  No political subdivision shall require 
any individual, partnership, corporation or other business 
association holding a license from the state board of 
electricity under Laws 1967, Chapter 602 sections 326.241 to 
326.248 to pay any license or registration fee, provided 
however, that any such political subdivision may provide by 
ordinance a requirement that each individual, partnership, 
corporation or other business association doing electrical work 
within the jurisdiction of such political subdivision have on 
file with said political subdivision a copy of the current 
license issued by the state board of electricity or such other 
evidence of such license as may be provided by the state board 
of electricity.  
    Each electrical inspector of any political subdivision must 
be a licensed master or journeyman electrician under section 
326.242, subdivision 1(1) or subdivision 2(1) and may not 
otherwise engage or be employed in the sale or installation of 
electrical wiring, devices, appliances or equipment, and shall 
have no financial interest in any concern engaged in any such 
business.  
    Sec. 9.  Minnesota Statutes 1984, section 326.244, 
subdivision 5, as amended by Laws 1985, chapter 73, section 13, 
is amended to read: 
    Subd. 5.  [EXEMPTIONS FROM INSPECTIONS.] Installations, 
materials, or equipment shall not be subject to inspection under 
Laws 1967, Chapter 602 sections 326.241 to 326.248: 
    1.  When owned or leased, operated and maintained by any 
employer whose maintenance electricians are exempt from 
licensing under Laws 1967, Chapter 602 sections 326.241 to 
326.248, 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 or telephone 
company in the exercise of its utility or telephone function; 
and 
    (i) are used in connection with exclusively for 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 or 
telephone company; and 
    (ii) are generally accessible only to employees of such 
utility or telephone company 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; or 
    5.  When the installation, material, and equipment are 
alarm or communication systems laid out, installed, or 
maintained within residential units not larger than a duplex. 
    Sec. 10.  Minnesota Statutes 1984, section 326.246, as 
amended by Laws 1985, chapter 73, section 14, 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 
sections 326.241 to 326.248; 
    (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, or order of the 
board, or any city ordinance which pertains to powers given to 
political subdivisions under section 326.244, subdivision 4. 
    Sec. 11.  [REPEALER.] 
    Section 1, subdivisions 1 and 5, are repealed effective 
July 1, 1986. 
    Sec. 12.  [SUNSET PROVISION.] 
    Section 7, subdivision 1a, paragraph (b), is repealed 
effective July 1, 1988.  
    Sec. 13. [EFFECTIVE DATE.] 
    This act is effective July 1, 1985. 
    Approved June 25, 1985