Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 328-S.F.No. 2150
An act relating to professions; modifying electrician
licensing; requiring rulemaking; amending Minnesota
Statutes 2000, sections 326.01, subdivisions 5, 6g, by
adding subdivisions; 326.241, subdivision 1; 326.242,
subdivisions 1, 2, 3, 5, 6, 6a, 6b, 6c, 7, 8, 10, 12,
by adding a subdivision; 326.2421, subdivisions 2, 9;
326.244, subdivisions 1a, 2, 5, 6; 326.245; Minnesota
Statutes 2001 Supplement, section 326.243; repealing
Minnesota Rules, part 3800.3500, subpart 12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 326.01,
subdivision 5, is amended to read:
Subd. 5. [ELECTRICAL CONTRACTOR.] The term "electrical
contractor" means a person, partnership, or corporation
operating a business that undertakes or offers to undertake to
plan for, lay out, or install or to make additions, alterations,
or repairs in the installation of electrical wiring, apparatus,
or equipment for light, heat, power, and other purposes with or
without compensation who is licensed as such by the board of
electricity. An electrical A contractor's license does not of
itself qualify its holder to perform or supervise the electrical
work authorized by holding any class of electrician's or other
personal electrical license.
Sec. 2. Minnesota Statutes 2000, section 326.01,
subdivision 6g, is amended to read:
Subd. 6g. [PERSONAL SUPERVISION.] The term "personal
supervision" means that a person licensed electrician to perform
electrical work oversees and directs the electrical work
performed by an unlicensed person such that:
(1) the licensed electrician person actually reviews the
electrical work performed by the unlicensed person;
(2) the licensed electrician person is immediately
available to the unlicensed person at all times for assistance
and direction; and
(3) the licensed electrician person is able to and does
determine that all electrical work performed by the unlicensed
person is performed in compliance with section 326.243.
The licensed electrician person is responsible for the
compliance with section 326.243 of all electrical work performed
by the unlicensed person.
Sec. 3. Minnesota Statutes 2000, section 326.01, is
amended by adding a subdivision to read:
Subd. 6i. [DEMARCATION.] "Demarcation" means listed
equipment as identified in Minnesota Rules, part 3800.3619, such
as a transformer, uninterruptible power supply (UPS), battery,
control panel, or other device that isolates technology circuits
or systems from nontechnology circuits or systems, including
plug or cord and plug connection.
Sec. 4. Minnesota Statutes 2000, section 326.01, is
amended by adding a subdivision to read:
Subd. 6j. [RESIDENTIAL DWELLING.] A "residential dwelling"
is an individual dwelling of a one-family, two-family, or
multifamily dwelling as defined in the National Electrical Code
pursuant to section 326.243, including its garage or accessory
building.
Sec. 5. Minnesota Statutes 2000, section 326.01, is
amended by adding a subdivision to read:
Subd. 6k. [POWER LIMITED TECHNICIAN.] The term "power
limited technician" means a person having the necessary
qualifications, training, experience, and technical knowledge to
install, alter, repair, plan, lay out, and supervise the
installing, altering, and repairing of electrical wiring,
apparatus, and equipment for technology circuits or systems who
is licensed as such by the board of electricity.
Sec. 6. Minnesota Statutes 2000, section 326.01, is
amended by adding a subdivision to read:
Subd. 6l. [TECHNOLOGY CIRCUITS OR SYSTEMS.] "Technology
circuits or systems" means class 2 or class 3 circuits or
systems for, but not limited to, remote control, signaling,
control, alarm, and audio signal, including associated
components as covered by National Electrical Code, articles 640,
645, 725, 760, 770, and 780 and which are isolated from circuits
or systems other than class 2 or class 3 by a demarcation and
are not process control circuits or systems; antenna and
communication circuits or systems as covered by chapter 8 of the
National Electrical Code; and circuitry and equipment for indoor
lighting and outdoor landscape lighting systems that are
supplied by the secondary circuit of an isolating power supply
operating at 30 volts or less as covered by National Electrical
Code, article 411. The planning, laying out, installing,
altering, and repairing of technology circuits or systems must
be performed in accordance with the applicable requirements of
the National Electrical Code pursuant to section 326.243.
Sec. 7. Minnesota Statutes 2000, section 326.01, is
amended by adding a subdivision to read:
Subd. 6m. [PROCESS CONTROL CIRCUITS OR SYSTEMS.] "Process
control circuits or systems" are circuits or systems, regardless
of electrical classification, that are integrated with a
manufacturing, mining, energy, finishing, conveyance of
equipment or product, material handling or packaging, process
that makes or assembles, or similar process.
Sec. 8. Minnesota Statutes 2000, section 326.241,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The board of electricity
shall consist of 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 power limited
technicians, who shall be technology system
contractors primarily engaged in the business of installing
alarm and communication technology circuits or 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.
Sec. 9. Minnesota Statutes 2000, section 326.242,
subdivision 1, is amended to read:
Subdivision 1. [MASTER ELECTRICIAN.] Except as otherwise
provided by law, no person shall install, alter, repair, plan,
lay out, or supervise the installing, altering, or repairing of
electrical wiring, apparatus, or equipment for light, heat,
power, or other purposes unless the person is: (a) licensed by
the board as a master electrician and (b)(i) the electrical work
is for a licensed electrical contractor and the person is an
employee, partner, or officer of, or is the licensed electrical
contractor, or (ii) the electrical work is performed for the
person's employer on electric wiring, apparatus, equipment, or
facilities owned or leased by the employer which is located
within the limits of property which is owned or leased and
operated and maintained by the employer.
(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) As of August 1, 1985, no new Class B master
electrician's licenses shall be issued. An individual who has a
Class B master electrician's license as of August 1, 1985 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. 10. Minnesota Statutes 2000, section 326.242,
subdivision 2, is amended to read:
Subd. 2. [JOURNEYMAN ELECTRICIAN.] (a) Except as otherwise
provided by law, no person shall install, alter, repair, or
supervise the installing, altering, or repairing of electrical
wiring, apparatus, or equipment for light, heat, power, or other
purposes unless:
(1) the person is licensed by the board as a journeyman
electrician; and
(2) the electrical work is:
(i) for an electrical a contractor and the person is an
employee, partner, or officer of the licensed electrical
contractor; or
(ii) performed under the supervision of a master
electrician also employed by the person's employer on electrical
wiring, apparatus, equipment, or facilities owned or leased by
the employer that is located within the limits of property owned
or leased, operated, and maintained by the employer.
(b) 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 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.
(c) As of August 1, 1985, no new Class B journeyman
electrician's licenses shall be issued. An individual who holds
a Class B journeyman electrician's license as of August 1, 1985
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. 11. Minnesota Statutes 2000, 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 and supervise
the laying out and installing of electrical wiring, apparatus,
or 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 1,500 inhabitants, which is not
contiguous to a city of the first class and does not contain an
established business of an electrical a contractor.
Sec. 12. Minnesota Statutes 2000, section 326.242, is
amended by adding a subdivision to read:
Subd. 3d. [POWER LIMITED TECHNICIAN.] (a) Except as
otherwise provided by law, no person shall install, alter,
repair, plan, lay out, or supervise the installing, altering, or
repairing of electrical wiring, apparatus, or equipment for
technology circuits or systems unless:
(l) the person is licensed by the board as a power limited
technician; and
(2) the electrical work is:
(i) for a licensed contractor and the person is an
employee, partner, or officer of, or is the licensed contractor;
or
(ii) performed under the supervision of a master
electrician or power limited technician also employed by the
person's employer on technology circuits, systems, apparatus,
equipment, or facilities owned or leased by the employer that is
located within the limits of property owned or leased, operated,
and maintained by the employer.
(b) An applicant for a power limited technician's license
shall (1) be a graduate of a four-year electrical course in an
accredited college or university; or (2) have had at least 36
months experience, acceptable to the board, in planning for,
laying out, supervising, and installing wiring, apparatus, or
equipment for power limited systems, provided however, that the
board may by rule provide for the allowance of up to 12 months
(2,000 hours) of experience credit for successful completion of
a two-year post high school electrical course or other technical
training approved by the board.
(c) The board may initially set experience requirements
without rulemaking, but must adopt rules before July 1, 2003.
(d) Licensees must attain eight hours of continuing
education acceptable to the board every renewal period.
(e) A person who has achieved a minimal score of 70 percent
on an alarm and communication examination administered by the
board before April 30, 2003, may obtain a power limited
technician license without further examination by submitting an
application and a license fee of $30.
(f) A company holding an alarm and communication license as
of June 30, 2003, may designate one person who may obtain a
power limited technician license without passing an examination
administered by the board by submitting an application and
license fee of $30.
Sec. 13. Minnesota Statutes 2000, section 326.242,
subdivision 5, is amended to read:
Subd. 5. [UNLICENSED PERSONS.] (a) An unlicensed person
shall not perform electrical work unless the work is performed
under the personal supervision of an electrician a person
actually licensed to perform such work and the licensed
electrician and unlicensed person persons are employed by the
same employer. Licensed electricians persons shall not permit
unlicensed persons to perform electrical work except under the
personal supervision of an electrician a person actually
licensed to perform such work. Unlicensed persons shall not
supervise the performance of electrical work or make assignments
of electrical work to unlicensed persons. Licensed electricians
Except for technology circuit or system work, licensed persons
shall supervise no more than two unlicensed persons. For
technology circuit or system work, licensed persons shall
supervise no more than three unlicensed persons.
(b) Notwithstanding any other provision of this section, no
person other than a master electrician or power limited
technician shall plan or lay out electrical wiring, apparatus,
or equipment for light, heat, power, or other purposes, except
circuits or systems exempted from personal licensing by
subdivision 12, paragraph (b).
(c) Electrical Contractors employing unlicensed persons
performing electrical work shall maintain records establishing
compliance with this subdivision, which shall designate all
unlicensed persons performing electrical work, except for
persons working on circuits or systems exempted from personal
licensing by subdivision 12, paragraph (b), and shall permit the
board to examine and copy all such records as provided for in
section 326.244, subdivision 6.
Sec. 14. Minnesota Statutes 2000, section 326.242,
subdivision 6, is amended to read:
Subd. 6. [ELECTRICAL CONTRACTOR'S LICENSE REQUIRED.]
Except as otherwise provided by law, no person other than an
employee, partner, or officer of a licensed electrical
contractor, as defined by section 326.01, subdivision 5, shall
undertake or offer to undertake to plan for, lay out, supervise
or install or to make additions, alterations, or repairs in the
installation of electrical wiring, apparatus, and equipment for
light, heat, power, and other purposes with or without
compensation unless the person obtains an electrical a
contractor's license. An electrical A contractor's license does
not of itself qualify its holder to perform or supervise the
electrical work authorized by holding any class of electrician's
personal electrical license.
Sec. 15. Minnesota Statutes 2000, section 326.242,
subdivision 6a, is amended to read:
Subd. 6a. [BOND REQUIRED.] Each electrical contractor
shall give and maintain bond to the state in the penal sum of
$5,000 conditioned upon the faithful and lawful performance of
all work entered upon by the contractor 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.
Sec. 16. Minnesota Statutes 2000, section 326.242,
subdivision 6b, is amended to read:
Subd. 6b. [INSURANCE REQUIRED.] Each electrical contractor
shall have and maintain in effect 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
electrical contractor shall maintain on file with the board a
certificate evidencing such insurance which provides that such
insurance shall not be canceled without the insurer first giving
15 days written notice to the board of such cancellation.
Sec. 17. Minnesota Statutes 2000, section 326.242,
subdivision 6c, is amended to read:
Subd. 6c. [EMPLOYMENT OF MASTER ELECTRICIAN OR POWER
LIMITED TECHNICIAN.] (a) No electrical contractor shall engage
in business of electrical contracting unless the electrical
contractor employs a licensed Class A master or Class B master
electrician, or power limited technician, who shall be
responsible for the performance of all electrical work in
accordance with the requirements of sections 326.241 to 326.248
or any rule or order adopted or issued under these sections.
The classes of work for which the licensed electrical contractor
is authorized shall be limited to those for which such Class A
master electrician, or Class B master electrician, or power
limited technician employed by the electrical contractor is
licensed.
(b) When an electrical a contractor's license is held by an
individual, partnership, limited liability company, or
corporation and the individual, one of the partners, one of the
members, or an officer of the corporation, respectively, is not
the responsible master electrician or power limited technician
of record, all requests for inspection shall be signed by the
responsible master electrician or power limited technician of
record. The designated responsible master electrician or power
limited technician of record shall be employed by the
individual, partnership, limited liability company, or
corporation which is applying for an electrical a contractor's
license and shall not be employed in any capacity as a licensed
electrician or licensed technician by any other electrical
contractor or employer designated in subdivision 12.
(c) All applications for electrical contractor's licenses
and all renewals shall include a verified statement that the
applicant or licensee has complied with this subdivision.
Sec. 18. Minnesota Statutes 2000, section 326.242,
subdivision 7, is amended to read:
Subd. 7. [EXAMINATION.] In addition to the requirements
imposed herein and except as herein otherwise provided, as a
precondition to issuance of an electrician's a personal license,
each applicant must pass a written or oral examination given by
the board to insure the competence of each applicant for
license. An oral examination shall be administered only to an
applicant who furnishes a written statement from a certified
teacher or other professional, trained in the area of reading
disabilities stating that the applicant has a specific reading
disability which would prevent the applicant from performing
satisfactorily on a written test. The oral examination shall be
structured so that an applicant who passes the examination will
not impair the applicant's own safety or that of others while
acting as an electrician a licensed person. No person failing
an examination may retake it for six months thereafter, but
within such six months the person may take an examination for a
lesser grade of license. Any licensee failing to renew a
license for two years or more after its expiration shall be
required to retake the examination before being issued a new
license.
An applicant for journeyman's or special electrician's
license who shall furnish evidence satisfactory to the board of
having the requisite experience, upon written application,
payment of the examination fee and fulfillment of all other
requirements stated herein, may work as a journeyman or special
electrician until the examination next following and the
announcement of the results of such latter examination by the
board.
An applicant for a personal license shall submit to the
board an application and examination fee at the time of
application. Upon approval of the application, the board shall
schedule the applicant for the next available examination, which
shall be held within 60 days. The applicant shall be allowed
one opportunity to reschedule an examination without being
required to submit another application and examination fee.
Additionally, an applicant who fails an examination, or whose
application has been disapproved, must submit another
application and examination fee.
Sec. 19. Minnesota Statutes 2000, 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, Power Limited Technician, or
Special Electrician.
(2) For issuance of original license and renewal:
Class A Master.
Class B Master.
Power Limited Technician.
Class A Journeyman, Class B Journeyman, Installer, or
Special Electrician.
Electrical contractor.
Alarm and Communication System Contractor.
Technology Systems Contractor.
Sec. 20. Minnesota Statutes 2000, section 326.242,
subdivision 10, is amended to read:
Subd. 10. [CONTINUATION OF BUSINESS BY ESTATES.] Upon the
death of a master who is an electrical a contractor the board
may permit the decedent's representative to carry on the
business of the decedent for a period not in excess of six
months, for the purpose of completing work under contract or
otherwise to comply with sections 326.241 to 326.248. The
representative shall give such bond as the board may require
conditioned upon the faithful and lawful performance of such
work 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 written by a corporate surety
licensed to do business in the state of Minnesota. Such
representative shall also comply with all public liability and
property damage insurance requirements imposed by this chapter
upon a licensed electrical contractor.
Sec. 21. Minnesota Statutes 2000, section 326.242,
subdivision 12, is amended to read:
Subd. 12. [EXEMPTIONS FROM LICENSING.] (a) A maintenance
electrician who is supervised by the responsible master
electrician for an electrical a contractor who has contracted
with the maintenance electrician's employer to provide services
for which an electrical a contractor's license is required or 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 the 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 sections 326.241 to
326.248; or
(b) Employees of a licensed alarm and communication
electrical or technology systems contractor or other employer
where provided with supervision by a master electrician in
accordance with subdivision 1, or power limited technician in
accordance with subdivision 3d, paragraph (a), clause (1), 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 for the planning, laying out,
installing, altering, and repairing of technology circuits or
systems except planning, laying out, or installing:
(1) in other than residential dwellings, class 2 or class 3
remote control circuits that control circuits or systems other
than class 2 or class 3, except circuits that interconnect these
systems through communication, alarm, and security systems are
exempted from this paragraph;
(2) class 2 or class 3 circuits in electrical cabinets,
enclosures, or devices containing physically unprotected
circuits other than class 2 or class 3; or
(3) technology circuits and systems in hazardous classified
locations as covered by chapter 5 of the National Electrical
Code; or
(c) Companies and their employees that plan, lay out,
install, alter, or repair class 2 and class 3 remote control
wiring associated with plug or cord and plug connected
appliances other than security or fire alarm systems installed
in a residential dwelling are not required to hold a license
under sections 326.241 to 326.248; or
(d) Heating, ventilating, air conditioning, and
refrigeration contractors and their employees are not required
to hold or obtain a license under sections 326.241 to 326.248
when performing heating, ventilating, air conditioning, or
refrigeration work as described in section 326.245; or
(c) (e) Employees of any electric, communications, or
railway utility, cable communications company as defined in
section 238.02, 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, cable
communications company, or telephone company, shall not be
required to hold 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, cable communications company, or telephone
company in the exercise of its utility, antenna, or telephone
function, and which
(i) are used 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 or provided
service by or for the benefit of any person other than such
utility, cable communications, or telephone company, and
(ii) are generally accessible only to employees of such
utility, cable communications, or telephone company or persons
acting under its control or direction, and
(iii) are not on the load side of the meter service point
or point of entrance; 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; or
(d) (f) An owner shall not be required to hold or obtain a
license under sections 326.241 to 326.248.
Sec. 22. Minnesota Statutes 2000, section 326.2421,
subdivision 2, is amended to read:
Subd. 2. [EXEMPTION.] Except as provided in subdivision 3,
No person or company exempt under subdivision 1 or licensed
pursuant to subdivision 3 section 326.242, subdivision 4 or 6,
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.
Sec. 23. Minnesota Statutes 2000, section 326.2421,
subdivision 9, is amended to read:
Subd. 9. [LIMITATION.] Nothing in this section prohibits a
unit of local government from charging a franchise fee to the
operator of a cable communications system company as defined in
section 238.02.
Sec. 24. Minnesota Statutes 2001 Supplement, section
326.243, is amended to read:
326.243 [SAFETY STANDARDS.]
All electrical wiring, apparatus and equipment for electric
light, heat and power, alarm and communication technology
circuits or systems shall comply with the rules of the
department 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 rules 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. 25. Minnesota Statutes 2000, section 326.244,
subdivision 1a, is amended to read:
Subd. 1a. [ALARM AND COMMUNICATION TECHNOLOGY SYSTEMS.] (a)
The installation of fire alarm systems as defined in article 760
of the National Electrical Code, the technology circuits or
systems described in paragraph (b), except:
(1) minor work performed by a contractor,;
(2) work performed by a heating, ventilating, or air
conditioning contractor as described in section 326.245; and
(3) work performed by cable company or telephone company
employees,
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 inspection requirements in paragraph (a) apply to:
(1) remote control circuits controlling class 2 or class 3
remote control circuits that control circuits or systems other
than class 2 or class 3 and indoor lighting, except circuits
that interconnect these systems exempted by section 326.242,
subdivision 12, paragraph (b), other than fire alarm; class 2 or
class 3 circuits in electrical cabinets, enclosures, or devices
containing physically unprotected circuits other than class 2 or
class 3; or technology circuits and systems in hazardous
classified locations as covered by chapter 5 of the National
Electrical Code;
(2) fire alarm systems as defined in article 760 of the
National Electrical Code;
(3) critical health and medical facilities, including, but
not limited to, anesthesia and resuscitative alarm and alerting
systems, medical monitoring, and nurse call systems; and
(4) physical security systems within detention facilities.
(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 a technology circuit or
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 a contractor,
employer, or owner 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, employer, or
owner who has performed the work to file a request for
electrical inspection, pay an inspection fee, and make any
necessary repairs to comply with applicable standards and
require that the work be inspected.
Sec. 26. Minnesota Statutes 2000, 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.
(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 14.001 to 14.69.
(c) 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.
(d) 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
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. 27. Minnesota Statutes 2000, 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
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 sections 326.241 to 326.248, while performing
electrical maintenance work only as defined by board rule;
(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 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; and
(iii) are not on the load side of the meter service point
or point of entrance;
(3) when used in the street lighting operations of an
electric utility;
(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;
(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;
(6) when the installation, material, and equipment are in
facilities subject to the jurisdiction of the federal Mine
Safety and Health Act; or
(7) (6) when the installation, material, and equipment is
part of an elevator installation for which the elevator
contractor, licensed under section 326.242, is required to
obtain a permit from the authority having jurisdiction as
provided by section 16B.747, and the inspection has been or will
be performed by an elevator inspector certified by the
department of administration and licensed by the board of
electricity. This exemption shall apply only to installations,
material, and equipment permitted or required to be connected on
the load side of the disconnecting means required for elevator
equipment under National Electric Code Article 620, and elevator
communications and alarm systems within the machine room, car,
hoistway, or elevator lobby.
Sec. 28. Minnesota Statutes 2000, section 326.244,
subdivision 6, is amended to read:
Subd. 6. [SITE INSPECTIONS.] The board may, without
advance notice, inspect any site at which electrical work is
being performed or has been performed or where records
concerning the performance of electrical work are kept for
purposes of ensuring compliance with sections 326.241 to 326.248
or any rule or order adopted or issued under these sections.
With respect to electrical work performed at or records kept in
an occupied private dwelling, all inspections permitted by this
subdivision shall occur during normal business hours and shall
be preceded by advance notice, which need not be in writing.
The board shall have the authority to examine and copy all
records concerning the performance of electrical work and to
question in private all persons employed by an electrical a
contractor or on the site. No person shall retaliate in any
manner against any employee or person who is questioned by,
cooperates with, or provides information to the board, its
complaint committee, or the attorney general.
Sec. 29. Minnesota Statutes 2000, section 326.245, is
amended to read:
326.245 [MANUFACTURING, INSTALLATION, ALTERATION, OR REPAIR
OF ELECTRICAL APPARATUS; EXEMPT.]
Subdivision 1. [MANUFACTURERS.] Electrical components,
apparatus, or appliances being manufactured within the limits of
property which is owned or leased by a manufacturer and such
manufacturer's production employees shall are not be covered by
sections 326.241 to 326.248. Installation, alteration, or
repair of electrical appliance units, except (a) electrical
wiring to the unit, or (b) original wiring in or on the unit
installed outside the limits of property which is owned or
leased by a manufacturer shall not be covered by this chapter.
For purposes of this section, "electrical appliance units" means
all electrical and natural gas appliances that use electricity
including, but not limited to, furnaces, water heaters, stoves,
clothes washers, dryers, air conditioners, dishwashers, and
humidifiers.
Subd. 2. [ELECTRICAL APPLIANCE UNITS.] Installation,
alteration, or repair of electrical appliance units are not
covered by sections 326.241 to 326.248. For the purposes of
this section, "electrical appliance units" means all electrical
and fossil fuel appliances that use electricity including, but
not limited to, furnaces, water heaters, stoves, clothes
washers, dryers, and dishwashers. The installation of
electrical wiring to an electrical appliance unit is covered by
sections 326.241 to 326.248.
Subd. 3. [OTHER UNITS.] Planning, laying out, and
installation of heating, ventilating, air conditioning, or
refrigeration units are not covered by sections 326.241 to
326.248. For purposes of this section, heating, ventilating,
air conditioning, or refrigeration units include, but are not
limited to, air conditioning units, air conditioning
evaporators, air conditioning condensers, air conditioning and
refrigeration chillers, boilers, furnaces, air handling units,
rooftop units, humidifiers, ice makers, and super market, ice
arena, and bar/restaurant equipment. The installation of
electrical wiring to the unit is covered by sections 326.241 to
326.248.
Subd. 4. [OTHER EQUIPMENT.] Planning, laying out,
alteration, replacement, or repair of heating, ventilating, air
conditioning, or refrigeration equipment, and associated
devices, controls, and wiring including wiring in or on the
equipment, are not covered by sections 326.241 to 326.248 when
the work is performed by an employee of a heating, ventilating,
air conditioning, or refrigeration contractor provided that the
employee performing the work has received a certificate of
completion from a heating, ventilating, air conditioning, or
refrigeration apprenticeship program approved by the state of
Minnesota or any class of personal electrical license issued by
the board. Employees registered in an approved heating,
ventilating, air conditioning, or refrigeration program may
design, plan, alter, replace, or repair heating, ventilating,
air conditioning, or refrigeration equipment, devices, and
controls including wiring in or on the equipment, under the
direction of an employee who has a certificate of completion
from an approved program or any class of personal electrical
license issued by the board. The installation of electrical
wiring to the unit is covered by sections 326.241 to 326.248.
Sec. 30. [TERMS FOR POWER LIMITED CONTRACTORS.]
The term of one of the power limited contractors appointed
under Minnesota Statutes, section 326.241, subdivision 1, shall
expire after two years. That person's successor shall be
appointed for a four-year term.
Sec. 31. [REPEALER.]
Minnesota Rules, part 3800.3500, subpart 12, is repealed.
Presented to the governor April 4, 2002
Signed by the governor April 8, 2002, 4:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes