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Minnesota Legislature

Office of the Revisor of Statutes

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.