Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 132-H.F.No. 656 
           An act relating to public safety; regulating high 
          pressure piping and pipefitters; providing penalties; 
          amending Minnesota Statutes 1986, sections 326.461, 
          subdivision 2; 326.47, subdivision 3; 326.48, 
          subdivision 1; 326.50; 326.51; proposing coding for 
          new law in Minnesota Statutes, chapter 326.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 326.461, 
subdivision 2, is amended to read:  
    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 
or other medium used 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.  
    Sec. 2.  Minnesota Statutes 1986, section 326.47, 
subdivision 3, is amended to read:  
    Subd. 3.  [SURCHARGE.] For the purpose of defraying the 
cost of administering sections 326.46 to 326.48 326.52, 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 set by the commissioner pursuant to section 16A.128, 
but shall not be less than $10 $25, nor greater 
than $2,000 $5,000.  All surcharges collected under this section 
must be paid to the commissioner for deposit in the state 
treasury for credit to the special revenue fund. 
    Sec. 3.  Minnesota Statutes 1986, section 326.48, 
subdivision 1, is amended to read:  
    Subdivision 1.  No person, firm, or corporation shall 
engage in or work at the business of a contracting pipefitter or 
journeyman pipefitter unless licensed to do so by the department 
of labor and industry.  No license shall be required for repairs 
on existing installations.  A contracting pipefitter may also 
work as a journeyman pipefitter.  
    No person, firm, or corporation shall engage in the 
business of installing high pressure piping, nor install high 
pressure piping in connection with the dealing in and selling of 
high pressure pipe material and supplies, unless, at all times, 
a licensed pipefitter, who shall be responsible for proper 
installation, is in charge of the high pressure 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 
pipefitting pipefitters and for issuance of permits for the 
installation of high pressure piping.  
    An employee performing the duties of inspector for the 
department of labor and industry in regulating pipefitting shall 
not receive time credit for the inspection duties when making an 
application for a license required by this section.  
    Sec. 4.  Minnesota Statutes 1986, section 326.50, is 
amended to read:  
    326.50 [APPLICATION; FEES.] 
    Application for a 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 an examination by the examiners showing 
fitness department of labor and industry.  Fees for journeymen 
for examination and renewal, and for master pipefitters for 
examination and renewal and conditions for renewal of journeyman 
and contracting pipefitter's licenses shall be set by the 
commissioner under chapter 14 and 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 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. 5.  Minnesota Statutes 1986, section 326.51, is 
amended to read:  
    326.51 [DEPARTMENT MAY REVOKE LICENSES.] 
    The department may revoke or suspend, for cause, any 
license obtained through error or fraud, or if the licensee is 
shown to be incompetent, or for a second willful violation of 
any of its rules and regulations applicable to such work.  The 
licensee shall have notice, in writing, enumerating the charges, 
and be entitled to a hearing by the commissioner on at least 
five ten days' notice, with the right to produce testimony.  The 
commissioner may appoint, in writing, any competent person to 
take testimony, who shall have power to administer oaths, issue 
subpoenas, and compel the attendance of witnesses.  The decision 
of the commissioner shall be based on the testimony and records. 
The hearing shall be held pursuant to chapter 14.  The 
commissioner shall issue a final order based on testimony and 
the record at hearing.  One year from the date of revocation 
application may be made for a new license.  
    Sec. 6.  [326.521] [VIOLATIONS; PENALTY PROVISIONS.] 
    Unless otherwise specifically provided, any violation of 
any provision or requirement of sections 326.46 to 326.52 is a 
misdemeanor.  
    Sec. 7.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 14, 1987