Minnesota Session Laws - 2008, Regular Session

CHAPTER 309--S.F.No. 3140

An act

relating to boiler operations; making changes to licensing procedures; authorizing rulemaking;

amending Minnesota Statutes 2006, sections 183.411, subdivision 3; 183.545, subdivision 4; Minnesota Statutes 2007 Supplement, sections 183.501; 183.51.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 183.411, subdivision 3, is amended to read:

Subd. 3.

Licenses.

A license to operate steam farm traction engines, portable and stationary show engines new text begin , new text end and portable and stationary show boilers shall be issued to an applicant who:

(1) is deleted text begin 18 deleted text end new text begin 16 new text end years of age or older;

(2) has a licensed second class new text begin grade A new text end or higher class engineer or steam traction (hobby) engineer sign deleted text begin the deleted text end new text begin an new text end affidavit attesting to the applicant's competence in operating deleted text begin said deleted text end new text begin these new text end devices new text begin and that the applicant has demonstrated the ability to perform each task on the list, approved by the chief boiler inspector, of tasks associated with the operation of the devices new text end ;

(3) new text begin has at least 50 hours of operating experience on the devices, eight hours of which must be operating the boiler under load, and up to 16 hours of which may be satisfied by attendance at a school of instruction in operating the devices; new text end

new text begin (4) new text end passes a written test for competence in operating deleted text begin said deleted text end new text begin the new text end devices; new text begin and new text end

deleted text begin (4) has at least 25 hours of actual operating experience on said devices; and deleted text end

(5) pays the required fee.

A license deleted text begin shall be deleted text end new text begin is new text end valid for the lifetime of the licensee new text begin unless revoked for cause new text end . A onetime fee pursuant to section 183.545, subdivision 4, shall be charged for the license.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 183.501, is amended to read:

183.501 LICENSE REQUIREMENT.

(a) deleted text begin No individual shall be entrusted with the operation of or deleted text end new text begin To new text end operate deleted text begin any deleted text end new text begin a new text end boiler, steam engine, or turbine deleted text begin who has not deleted text end new text begin an individual must have new text end received a license deleted text begin of deleted text end new text begin for the new text end grade covering that boiler, steam engine or turbine. The license deleted text begin shall deleted text end new text begin must new text end be renewed annually, except as provided in section 183.411 new text begin and except for provisional licenses described in paragraphs (d) to (g) new text end .

(b) For purposes of this chapter, "operation" deleted text begin shall deleted text end new text begin does new text end not include monitoring of an automatic boiler, either through on premises inspection of the boiler or by remote electronic surveillance, provided that no operations are performed upon the boiler other than emergency shut down in alarm situations.

(c) No individual under the influence of illegal drugs or alcohol deleted text begin shall be entrusted with the operation of or shall deleted text end new text begin may new text end operate deleted text begin any deleted text end new text begin a new text end boiler, steam engine, or turbine deleted text begin , deleted text end or deleted text begin shall be entrusted with the monitoring of or shall deleted text end monitor an automatic boiler.

new text begin (d) The commissioner may issue a provisional license to allow an employee of a high pressure boiler plant to operate boilers greater than 500 horsepower at only that boiler plant if: new text end

new text begin (1) the boiler plant has a designated chief engineer in accordance with Minnesota Rules, part 5225.0410; new text end

new text begin (2) the boiler plant employee holds a valid license as a second-class engineer, Grade A or B; new text end

new text begin (3) the chief engineer in charge of the boiler plant submits an application to the commissioner on a form prescribed by the commissioner to elicit information on whether the requirements of this paragraph have been met; new text end

new text begin (4) the chief engineer in charge of the boiler plant and an authorized representative of the owner of the boiler plant both sign the application for the provisional license; new text end

new text begin (5) the owner of the boiler plant has a documented training program with examination for boilers and equipment at the boiler plant to train and test the boiler plant employee; and new text end

new text begin (6) if the application were to be granted, the total number of provisional licenses for employees of the boiler plant would not exceed the total number of properly licensed first-class engineers and chief engineers responsible for the safe operation of the boilers at the boiler plant. new text end

new text begin (e) A public utility, cooperative electric association, generation and transmission cooperative electric association, municipal power agency, or municipal electric utility that employs licensed boiler operators who are subject to an existing labor contract may use a provisional licensee as an operator only if using the provisional licensee does not violate the labor contract. new text end

new text begin (f) Each provisional license expires 36 months after the date of issuance unless revoked less than 36 months after the date of issuance. A provisional license may not be renewed. new text end

new text begin (g) The commissioner may issue no more than two provisional licenses to any individual within a four-year period. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 183.51, is amended to read:

183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.

Subdivision 1.

Engineers, classes.

Engineers shall be divided into four classes:

(1) Chief engineers; Grade A, Grade B, and Grade C.

(2) First class engineers; Grade A, Grade B, and Grade C.

(3) Second class engineers; Grade A, Grade B, and Grade C.

(4) Special engineers.

Subd. 2.

Applications.

Any individual who desires an engineer's license shall submit an application on a written or electronic form prescribed by the commissioner, at least 15 days before the requested exam date. deleted text begin The application permits deleted text end new text begin If the commissioner approves the applicant for examination, new text end the applicant deleted text begin to deleted text end new text begin may new text end take the examination on one occasion within one year from the date the commissioner receives the application.

Subd. 2a.

Examinations.

Each applicant for a license must pass an examination developed and administered by the commissioner. The examinations shall be of sufficient scope to establish the competency of the applicant to operate a boiler of the applicable license class and grade.

new text begin Subd. 2b. new text end

new text begin Continuing education. new text end

new text begin The commissioner may require continuing education prior to the renewal of any license. Before requiring continuing education, the commissioner shall adopt rules that specify the continuing education requirements. new text end

Subd. 3.

High and low pressure boilers.

For the purposes of this section and section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.

Low pressure boilers shall mean boilers operating at a steam or other vapor pressure of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.

Subd. 4.

Chief engineer, Grade A.

An individual seeking licensure as a chief engineer, Grade A, shall be at least 18 years of age and have experience which verifies that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of boilers, steam engines, and turbines and their appurtenances; and, before receiving a license, the applicant shall take and subscribe an oath attesting to at least five years actual experience in operating deleted text begin such deleted text end new text begin the new text end boilers new text begin except as provided in subdivision 16 new text end , including at least two years experience in operating deleted text begin such deleted text end new text begin the new text end engines or turbines new text begin except as provided in subdivision 16 new text end .

Subd. 5.

Chief engineer, Grade B.

An individual seeking licensure as a chief engineer, Grade B, shall be at least 18 years of age and have habits and experience which justify the belief that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of boilers and their appurtenances; and, before receiving a license, the applicant shall take and subscribe an oath attesting to at least five years actual experience in operating those boilers new text begin except as provided in subdivision 16 new text end .

Subd. 6.

Chief engineer, Grade C.

An individual seeking licensure as a chief engineer, Grade C, shall be at least 18 years of age and have habits and experience which justify the belief that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of low pressure boilers and their appurtenances, and before receiving a license, the applicant shall take and subscribe an oath attesting to at least five years of actual experience in operating deleted text begin such deleted text end new text begin the new text end boilers new text begin except as provided in subdivision 16 new text end .

Subd. 7.

First-class engineer, Grade A.

An individual seeking licensure as a first-class engineer, Grade A, shall be at least 18 years of age and have experience which verifies that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of boilers, engines, and turbines and their appurtenances of not more than deleted text begin 300 deleted text end new text begin 500 new text end horsepower or to operate as a shift engineer in a plant of unlimited horsepower. Before receiving a license, the applicant shall take and subscribe an oath attesting to at least three years actual experience in operating deleted text begin such deleted text end new text begin the new text end boilers, including at least two years experience in operating such engines or turbines new text begin except as provided in subdivision 16 new text end .

Subd. 8.

First-class engineer, Grade B.

An individual seeking licensure as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and experience which justify the belief that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of boilers of not more than deleted text begin 300 deleted text end new text begin 500 new text end horsepower or to operate as a shift engineer in a plant of unlimited horsepower. Before receiving a license the applicant shall take and subscribe an oath attesting to at least three years actual experience in operating deleted text begin such deleted text end new text begin the new text end boilers new text begin except as provided in subdivision 16 new text end .

Subd. 9.

First-class engineer, Grade C.

An individual seeking licensure as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and experience which justify the belief that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of low pressure boilers and their appurtenances of not more than deleted text begin 300 deleted text end new text begin 500 new text end horsepower or to operate as a shift engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the applicant shall take and subscribe an oath attesting to at least three years actual experience in operating deleted text begin such deleted text end new text begin the new text end boilers new text begin except as provided in subdivision 16 new text end .

Subd. 10.

Second-class engineer, Grade A.

An individual seeking licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have experience which verifies that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of boilers, engines, and turbines and their appurtenances of not more than 100 horsepower or to operate as a shift engineer in a plant of not more than deleted text begin 300 deleted text end new text begin 500 new text end horsepower, or to assist the shift engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving a license the applicant shall take and subscribe an oath attesting to at least one year of actual experience in operating deleted text begin such deleted text end new text begin the new text end boilers, including at least one year of experience in operating deleted text begin such deleted text end new text begin the new text end engines or turbines new text begin except as provided in subdivision 16 new text end .

Subd. 11.

Second-class engineer, Grade B.

An individual seeking licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have habits and experience which justify the belief that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not more than deleted text begin 300 deleted text end new text begin 500 new text end horsepower or to assist the shift engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving a license the applicant shall take and subscribe an oath attesting to at least one year of actual experience in operating deleted text begin such deleted text end new text begin the new text end boilers new text begin except as provided in subdivision 16 new text end .

Subd. 12.

Second-class engineer, Grade C.

An individual seeking licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have habits and experience which justify the belief that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of low pressure boilers and their appurtenances of not more than 100 horsepower or to operate as a shift engineer in a low pressure plant of not more than deleted text begin 300 deleted text end new text begin 500 new text end horsepower, or to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited horsepower. Before receiving a license, the applicant shall take and subscribe an oath attesting to at least one year of actual experience in operating deleted text begin such deleted text end new text begin the new text end boilers new text begin except as provided in subdivision 16 new text end .

Subd. 13.

Special engineer.

new text begin (a) new text end An individual seeking licensure as a special engineer shall be at least 18 years of age and have habits and experience which justify the belief that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of boilers and their appurtenances of not more than deleted text begin 30 deleted text end new text begin 50 new text end horsepower or to operate as a shift engineer in a plant of not more than 100 horsepower, or to serve as an apprentice in any plant under the direct supervision of the properly licensed engineer.

new text begin (b) An individual seeking licensure as a special engineer who is at least 16 years of age but less than 18 years of age must be enrolled in a course approved by the commissioner, and have habits and experience that justify the belief that the individual is competent to take charge of and be responsible for the safe operation and maintenance of all classes of boilers and their appurtenances of not more than 50 horsepower or to operate as a shift engineer in a plant of not more than 100 horsepower, or to serve as an apprentice in any plant under the direct supervision of the properly licensed engineer. new text end

Subd. 14.

Current boiler operators.

Any individual operating a boiler other than a steam boiler on or before April 15, 1982, shall be qualified for application for the applicable class license upon presentation of an affidavit furnished by an inspector and sworn to by the individual's employer or a chief engineer. new text begin Except as provided in subdivision 16, new text end the applicant must have at least the number of years of actual experience specified for the class of license requested and pass the appropriate examination.

Subd. 15.

Rating horsepower.

For the purpose of rating boiler horsepower for engineer license classifications only: ten square feet of heating surface shall be considered equivalent to one boiler horsepower for conventional boilers and five square feet of heating surface equivalent to one boiler horsepower for steam coil type generators.

new text begin Subd. 16. new text end

new text begin Educational offset. new text end

new text begin Notwithstanding the experience requirements in subdivisions 4 to 14, the commissioner may by rule establish educational equivalencies that an applicant may meet instead of a portion of the specified operating experience. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 4.

Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:

Subd. 4.

Boiler engineer license fees.

For the following licenses, the nonrefundable license and application fee is:

(1) chief engineer's license, $50;

(2) first class engineer's license, $50;

(3) second class engineer's license, $50;

(4) special engineer's license, $20; deleted text begin and deleted text end

(5) traction or hobby boiler engineer's license, $50 new text begin ; and new text end

new text begin (6) provisional license, $50 new text end .

An engineer's license new text begin , except a provisional license, new text end may be renewed upon application and payment of an annual renewal fee of $20. The annual renewal, if paid later than 30 days after expiration, is $35. The fee for replacement of a current, valid license is $20.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor May 12, 2008

Signed by the governor May 15, 2008, 2:35 p.m.