1.1 	A bill for an act
1.2 	relating to construction codes; recodifying and modifying construction codes and 
1.3 	licensing provisions; modifying the State Building Code; providing penalties 
1.4 	for enforcement; instructing the revisor to renumber statutory provisions; 
1.5 	amending Minnesota Statutes 2006, sections 16B.04, subdivision 2; 16B.60, 
1.6 	subdivisions 4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617; 16B.6175; 
1.7 	16B.63; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 
1.8 	2, by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 
1.9 	16B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, 
1.10 	subdivision 1; 175.16, subdivision 1; 183.38; 183.39, subdivision 1; 183.411, 
1.11 	subdivision 2; 183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 
1.12 	183.505; 183.51; 183.54, subdivisions 1, 3; 183.545, subdivisions 2, 4, 8, by 
1.13 	adding a subdivision; 183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 
1.14 	183.61, subdivisions 2, 4; 214.01, subdivision 3; 214.04, subdivisions 1, 3; 
1.15 	299F.011, subdivision 1; 325E.58; 326.01, subdivisions 2, 3, 4, 5, 6, 6a, 6b, 6c, 
1.16 	6e, 6f, 6g, 6j, 6k, 6l, 7, 8, 9; 326.241; 326.242; 326.243; 326.244, subdivisions 1, 
1.17 	1a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245; 326.247; 326.248; 
1.18 	326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46; 326.461, by 
1.19 	adding subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1; 326.58; 
1.20 	326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, 
1.21 	subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 326.86; 326.87; 
1.22 	326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1; 326.92; 326.921; 
1.23 	326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975, subdivision 1; 
1.24 	326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by 
1.25 	adding a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, 
1.26 	subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, 
1.27 	subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4, 
1.28 	6, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 363A.40, 
1.29 	subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 471.465; 
1.30 	471.466; 471.467; 471.471; proposing coding for new law in Minnesota 
1.31 	Statutes, chapter 327B; proposing coding for new law as Minnesota Statutes, 
1.32 	chapter 326B; repealing Minnesota Statutes 2006, sections 16B.665; 16B.747, 
1.33 	subdivision 4; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41, 
1.34 	subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54, subdivision 
1.35 	2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 326.01, subdivisions 
1.36 	6h, 10, 11, 12, 13; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 
1.37 	9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 4; 
1.38 	326.41; 326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64; 
1.39 	326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4; 
2.1 	326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules, 
2.2 	parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590; 
2.3 	3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 
2.4 	1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 
2.5 	5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.
2.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.7 	ARTICLE 1
2.8 	REVISOR'S INSTRUCTION

2.9 	Section 1. REVISOR'S INSTRUCTION.
 2.10 	(a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall 
2.11 	change the terms "board" and "Board of Electricity" to "commissioner."
2.12 	(b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall 
2.13 	change the terms "commissioner" and "commissioner of health" to the term "commissioner 
2.14 	of labor and industry"; and shall change the terms "department" and "Department of 
2.15 	Health" to "Department of Labor and Industry."
2.16 	(c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, 
2.17 	1346, 1350, 1360, and 7672, the revisor of statutes shall:
2.18 	(1) change the term "commissioner of administration" to "commissioner of labor 
2.19 	and industry";
2.20 	(2) change the term "Department of Administration" to "Department of Labor and 
2.21 	Industry";
2.22 	(3) change the term "Department of Administration's Building Codes and Standards 
2.23 	Division" to "Department of Labor and Industry"; and
2.24 	(4) change the term "director of the Building Codes and Standards Division of the 
2.25 	Department of Administration" to "individual appointed by the commissioner of labor and 
2.26 	industry to administer the code."

2.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.28 	ARTICLE 2
2.29 	CONSTRUCTION CODES AND LICENSING

2.30 	Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to 
2.31 	read:
2.32 		Subdivision 1.State Fire Code rulemaking authority. The commissioner of 
2.33 	~~public safety through the Division of Fire Marshal may promulgate~~labor and industry, 
2.34 	consistent with the recommendations of the state fire marshal, shall adopt a State Fire 
3.1 	Code and make amendments thereto in accordance with the Administrative Procedure Act 
3.2 	in chapter 14. The code and its amendments shall conform insofar as practicable to model 
3.3 	fire codes generally accepted and in use throughout the United States, with consideration 
3.4 	given to existing statewide specialty codes presently in use in the state of Minnesota. 
3.5 	Statewide specialty codes and model codes with necessary modifications may be adopted 
3.6 	by reference in accordance with section 14.07, subdivision 4. 

3.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.8 	Sec. 2. [326B.01] DEFINITIONS.
3.9 		Subdivision 1.Scope. The definitions in this section apply to chapter 326B.
3.10 		Subd. 2.ASME. "ASME" means the American Society of Mechanical Engineers.
3.11 		Subd. 3.Commissioner. "Commissioner" means the commissioner of labor 
3.12 	and industry or a duly designated representative of the commissioner who is either an 
3.13 	employee of the Department of Labor and Industry or a person working under contract 
3.14 	with the department.
3.15 		Subd. 4.Department. "Department" means the Department of Labor and Industry.
3.16 		Subd. 5.Day. "Day" means calendar day unless otherwise provided.
3.17 		Subd. 6.Individual. "Individual" means a human being.
3.18 		Subd. 7.Person. "Person" means any individual, limited liability company, 
3.19 	corporation, partnership, incorporated or unincorporated association, sole proprietorship, 
3.20 	joint stock company, or any other legal or commercial entity.

3.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.22 	Sec. 3. [326B.02] POWERS.
3.23 		Subdivision 1.Transfer of responsibilities. The responsibilities of the 
3.24 	commissioner of administration relating to the state building code, sections 16B.59 to 
3.25 	16B.76; construction of low-cost manufactured home park storm shelters, section 327.205; 
3.26 	manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory 
3.27 	warranties in connection with the sale of dwellings and home improvement work, chapter 
3.28 	327A, are transferred under section 15.039 to the commissioner of labor and industry as 
3.29 	amended and recodified in this chapter. The responsibilities of the commissioner of health 
3.30 	relating to the state plumbing code and licensing, sections 16B.61, 144.99 to 144.993, and 
3.31 	326.37 to 326.45, and water conditioning contractors and installers, sections 326.57 to 
3.32 	326.65, are transferred under section 15.039 to the commissioner of labor and industry 
3.33 	as amended and recodified in this chapter. The responsibilities of the commissioner of 
4.1 	commerce relating to residential contractors, residential remodelers, residential roofers, 
4.2 	manufactured home installers, and the contractor's recovery fund under sections 45.027 to 
4.3 	45.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of 
4.4 	labor and industry as amended and recodified in this chapter. The responsibilities of the 
4.5 	Board of Electricity relating to the state electrical code and licensing, sections 16B.61 and 
4.6 	326.241 to 326.248, are transferred under section 15.039 to the commissioner of labor and 
4.7 	industry as amended and recodified in this chapter.
4.8 		Subd. 2.Definition of responsibilities. For purposes of subdivision 1, 
4.9 	responsibilities include powers, duties, rights, obligations, and other authority imposed by 
4.10 	law on the commissioner and the department.
4.11 		Subd. 3.State fire marshal cooperation. The state fire marshal shall work with the 
4.12 	commissioner to improve the delivery of services to the public through the coordination 
4.13 	of services and utilization of technology.
4.14 		Subd. 4.General rulemaking authority. The commissioner may, under the 
4.15 	rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt, 
4.16 	amend, suspend, and repeal rules relating to the commissioner's responsibilities under 
4.17 	this chapter.

4.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.19 	Sec. 4. [326B.04] DEPOSIT OF MONEY.
4.20 		Subdivision 1.Construction code fund. There is created in the state treasury 
4.21 	a construction code fund as a special revenue fund for the purpose of administering this 
4.22 	chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those 
4.23 	sections, except penalties, are credited to the construction code fund unless otherwise 
4.24 	specifically designated by law. Any interest or profit accruing from investment of these 
4.25 	sums is credited to the construction code fund. All money collected in the construction 
4.26 	code fund is appropriated to the commissioner to administer and enforce the provisions 
4.27 	of these laws.
4.28 	Unless otherwise provided by law, all penalties assessed under this chapter, section 
4.29 	327.35, and chapter 327B are credited to the assigned risk safety account established 
4.30 	by section 79.253.
4.31 		Subd. 2.Deposits. All remaining balances as of June 30, 2007, in the state 
4.32 	government special revenue fund and special revenue fund accounts maintained for 
4.33 	the Building Codes and Standards Division, Board of Electricity, and plumbing and 
4.34 	engineering unit are transferred to the construction code fund. Unless otherwise 
4.35 	specifically designated by law: (1) all money collected under chapter 183 and sections 
5.1 	16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57 
5.2 	to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties, 
5.3 	is credited to the construction code fund; (2) all fees collected under section 45.23 in 
5.4 	connection with continuing education for residential contractors, residential remodelers, 
5.5 	and residential roofers are credited to the construction code fund; and (3) all penalties 
5.6 	assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under 
5.7 	sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45 
5.8 	or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned 
5.9 	risk safety account established by section 79.253.

5.10 	EFFECTIVE DATE. This section is effective July 1, 2007.

5.11 	Sec. 5. [326B.05] EXAM ADMINISTRATION.
5.12 	The commissioner may contract with an examination service to develop and 
5.13 	administer examinations. The contract may provide for the examination service to charge 
5.14 	an examination fee to each examinee. The examination fee shall be set by the contract. 
5.15 	For the purposes of these contracts, the department is not required to comply with section 
5.16 	16A.1283.

5.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.18 	Sec. 6. [326B.051] COMMISSIONER AUTHORIZED TO HIRE CONTRACT 
5.19 	INSPECTORS.
5.20 	The commissioner is authorized to contract with and fix the compensation 
5.21 	of inspectors for the purpose of inspecting elevators as defined by section 16B.74, 
5.22 	subdivision 5, and as required by section 16B.61, subdivision 1a. For the purposes of these 
5.23 	contracts, the department is required to comply with section 15.061. The department is not 
5.24 	required to comply with section 16B.748, clause (2), until the commissioner adopts rules 
5.25 	using the expedited process established in section 14.389, subdivision 5, or December 
5.26 	31, 2009, whichever occurs first.

5.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.28 	Sec. 7. [326B.06] BONDS.
5.29 	Bonds issued under this chapter are not state bonds or contracts for purposes of 
5.30 	sections 8.05 and 16C.05, subdivision 2.

5.31 	Sec. 8. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
6.1 	The commissioner shall not be subject to subpoena for purposes of providing expert 
6.2 	testimony or for purposes of providing testimony or documents, as that term is defined in 
6.3 	section 326B.081, subdivision 4, about an investigation or inspection conducted by the 
6.4 	commissioner, except in an enforcement proceeding brought by the commissioner.

6.5 	ARTICLE 3
6.6 	ENFORCEMENT

6.7 	Section 1. [326B.081] DEFINITIONS.
6.8 		Subdivision 1.Application. For purposes of sections 326B.081 to 326B.085, the 
6.9 	terms defined in this section have the meanings given them.
6.10 		Subd. 2.Administrative order. "Administrative order" means an order issued 
6.11 	under section 326B.082, subdivision 7.
6.12 		Subd. 3.Applicable law. "Applicable law" means the provisions of sections 
6.13 	326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders, 
6.14 	stipulation agreements, settlements, compliance agreements, licenses, registrations, 
6.15 	certificates, and permits adopted, issued, or enforced by the department under sections 
6.16 	326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
6.17 		Subd. 4.Document or documents. "Document" or "documents" includes papers; 
6.18 	books; records; memoranda; data; contracts; drawings; graphs; charts; photographs; 
6.19 	digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails; 
6.20 	invoices; bills; notes; and calendars maintained in any form or manner.
6.21 		Subd. 5.Final. "Final" when used to describe any order issued under section 
6.22 	326B.082 means that:
6.23 	(1) no request for hearing in connection with the order was filed in the manner and 
6.24 	within the time provided by section 326B.082; 
6.25 	(2) all requests for hearing have been withdrawn;
6.26 	(3) an agreement that resolves the order has been signed by all the parties; or
6.27 	(4) after the filing of a request for hearing, an order has been issued by the 
6.28 	commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been 
6.29 	pursued or forgone.
6.30 		Subd. 6.Licensing order. "Licensing order" means an order issued under section 
6.31 	326B.082, subdivision 12, paragraph (a).
6.32 		Subd. 7.Minimum qualifications. "Minimum qualifications" means the 
6.33 	educational, experience, fee, examination, application, and other eligibility requirements 
6.34 	that an applicant must meet in order to obtain a license, registration, certificate, or 
6.35 	permit under the applicable law. For an applicant that is not an individual, the minimum 
7.1 	qualifications include the requirement that an employee or other individual associated 
7.2 	with the applicant hold a license.
7.3 		Subd. 8.Stop order. "Stop order" means an order issued under section 326B.082, 
7.4 	subdivision 10.

7.5 	Sec. 2. [326B.082] ENFORCEMENT.
7.6 		Subdivision 1.Remedies available. The commissioner may enforce all applicable 
7.7 	law under this section. The commissioner may use any enforcement provision in this 
7.8 	section, including the assessment of monetary penalties, against a person required to have 
7.9 	a license, registration, certificate, or permit under the applicable law based on conduct 
7.10 	that would provide grounds for action against a licensee, registrant, certificate holder, 
7.11 	or permit holder under the applicable law. The use of an enforcement provision in this 
7.12 	section shall not preclude the use of any other enforcement provision in this section or 
7.13 	otherwise provided by law.
7.14 		Subd. 2.Access to information and property; subpoenas. (a) In order to carry out 
7.15 	the purposes of the applicable law, the commissioner may:
7.16 	(1) administer oaths and affirmations, certify official acts, interview, question, take 
7.17 	oral or written statements, and take depositions;
7.18 	(2) request, examine, take possession of, test, sample, measure, photograph, record, 
7.19 	and copy any documents, apparatus, devices, equipment, or materials;
7.20 	(3) at a time and place indicated by the commissioner, request persons to appear 
7.21 	before the commissioner to give testimony and produce documents, apparatus, devices, 
7.22 	equipment, or materials;
7.23 	(4) issue subpoenas to compel persons to appear before the commissioner to give 
7.24 	testimony and produce documents, apparatus, devices, equipment, or materials; and
7.25 	(5) with or without notice, enter without delay upon any property, public or private, 
7.26 	for the purpose of taking any action authorized under this subdivision or the applicable 
7.27 	law, including obtaining information, remedying violations, or conducting surveys, 
7.28 	inspections, or investigations.
7.29 	(b) Persons requested by the commissioner to give testimony or produce documents, 
7.30 	apparatus, devices, equipment, or materials shall respond within the time and in the manner 
7.31 	specified by the commissioner. If no time to respond is specified in the request, then a 
7.32 	response shall be submitted within 30 days of the commissioner's service of the request.
7.33 	(c) Upon the refusal or anticipated refusal of a property owner, lessee, property 
7.34 	owner's representative, or lessee's representative to permit the commissioner's entry onto 
7.35 	property as provided in paragraph (a), the commissioner may apply for an administrative 
8.1 	inspection order in the Ramsey County District Court or, at the commissioner's discretion, 
8.2 	in the district court in the county in which the property is located. The commissioner may 
8.3 	anticipate that a property owner or lessee will refuse entry if the property owner, lessee, 
8.4 	property owner's representative, or lessee's representative has refused to permit entry on a 
8.5 	prior occasion or has informed the commissioner that entry will be refused. Upon showing 
8.6 	of administrative probable cause by the commissioner, the district court shall issue an 
8.7 	administrative inspection order that compels the property owner or lessee to permit the 
8.8 	commissioner to enter the property for the purposes specified in paragraph (a). 
8.9 	(d) Upon the application of the commissioner, a district court shall treat the failure of 
8.10 	any person to obey a subpoena lawfully issued by the commissioner under this subdivision 
8.11 	as a contempt of court.
8.12 		Subd. 3.Service. Unless otherwise specified, service of a document on a person 
8.13 	under this section or section 326B.083 may be by mail, by personal service, or in 
8.14 	accordance with any consent to service filed with the commissioner. Service by mail shall 
8.15 	be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart 
8.16 	2. Personal service shall be accomplished in the manner provided in Minnesota Rules, 
8.17 	part 1400.5550, subpart 3.
8.18 		Subd. 4.Fax transmission. When this section or section 326B.083 permits a 
8.19 	request for reconsideration or request for hearing to be served by fax on the commissioner, 
8.20 	the fax shall not exceed 15 pages in length. The request shall be considered timely 
8.21 	served if the fax is received by the commissioner, at the fax number identified by the 
8.22 	commissioner in the order or notice of violation, no later than 4:30 p.m. central time on 
8.23 	the last day permitted for faxing the request. Where the quality or authenticity of the faxed 
8.24 	request is at issue, the commissioner may require the original request to be filed. Where 
8.25 	the commissioner has not identified quality or authenticity of the faxed request as an issue 
8.26 	and the request has been faxed in accordance with this subdivision, the person faxing the 
8.27 	request does not need to file the original request with the commissioner.
8.28 		Subd. 5.Time computation. In computing any period of time prescribed or allowed 
8.29 	by this section, the day of the act, event, or default from which the designated period of 
8.30 	time begins to run shall not be included. The last day of the period so computed shall be 
8.31 	included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs 
8.32 	until the next day which is not a Saturday, Sunday, or legal holiday.
8.33 		Subd. 6.Notices of violation. (a) The commissioner may issue a notice of violation 
8.34 	to any person who the commissioner determines has committed a violation of the 
8.35 	applicable law. The notice of violation must state a summary of the facts that constitute 
8.36 	the violation and the applicable law violated. The notice of violation may require the 
9.1 	person to correct the violation. If correction is required, the notice of violation must state 
9.2 	the deadline by which the violation must be corrected.
9.3 	(b) The commissioner shall issue the notice of violation by:
9.4 	(1) serving the notice of violation on the property owner or on the person who 
9.5 	committed the violation; or
9.6 	(2) posting the notice of violation at the location where the violation occurred.
9.7 	(c) If the person to whom the commissioner has issued the notice of violation 
9.8 	believes the notice was issued in error, then the person may request reconsideration of the 
9.9 	parts of the notice that the person believes are in error. The request for reconsideration 
9.10 	must be in writing and must be served on or faxed to the commissioner at the address or 
9.11 	fax number specified in the notice of violation by the tenth day after the commissioner 
9.12 	issued the notice of violation. The date on which a request for reconsideration is served by 
9.13 	mail shall be the postmark date on the envelope in which the request for reconsideration is 
9.14 	mailed. If the person does not serve or fax a written request for reconsideration or if the 
9.15 	person's written request for reconsideration is not served on or faxed to the commissioner 
9.16 	by the tenth day after the commissioner issued the notice of violation, the notice of 
9.17 	violation shall become a final order of the commissioner and will not be subject to review 
9.18 	by any court or agency. The request for reconsideration must:
9.19 	(1) specify which parts of the notice of violation the person believes are in error;
9.20 	(2) explain why the person believes the parts are in error; and
9.21 	(3) provide documentation to support the request for reconsideration.
9.22 	The commissioner shall respond in writing to requests for reconsideration 
9.23 	made under this paragraph within 15 days after receiving the request. A request for 
9.24 	reconsideration does not stay a requirement to correct a violation as set forth in the notice 
9.25 	of violation. After reviewing the request for reconsideration, the commissioner may 
9.26 	affirm, modify, or rescind the notice of violation. The commissioner's response to a 
9.27 	request for reconsideration is final and shall not be reviewed by any court or agency.
9.28 		Subd. 7.Administrative orders; correction; assessment of monetary 
9.29 	penalties. (a) The commissioner may issue an administrative order to any person who 
9.30 	the commissioner determines has committed a violation of the applicable law. The 
9.31 	commissioner shall issue the administrative order by serving the administrative order on 
9.32 	the person. The administrative order may require the person to correct the violation, 
9.33 	may require the person to cease and desist from committing the violation, and may 
9.34 	assess monetary penalties. The commissioner shall follow the procedures in section 
9.35 	326B.083 when issuing administrative orders. Except as provided in paragraph (b), the 
9.36 	commissioner may issue to each person a monetary penalty of up to $10,000 for each 
10.1 	violation of applicable law committed by the person. The commissioner may order that 
10.2 	part or all of the monetary penalty will be forgiven if the person to whom the order is 
10.3 	issued demonstrates to the commissioner by the 31st day after the order is issued that 
10.4 	the person has corrected the violation or has developed a correction plan acceptable to 
10.5 	the commissioner.
10.6 	(b) The commissioner may issue an administrative order for failure to correct a 
10.7 	violation by the deadline stated in a final administrative order issued under paragraph (a). 
10.8 	Each day after the deadline during which the violation remains uncorrected is a separate 
10.9 	violation for purposes of calculating the maximum monetary penalty amount.
10.10 	(c) Upon the application of the commissioner, a district court shall find the failure of 
10.11 	any person to correct a violation as required by a final administrative order issued by the 
10.12 	commissioner under this subdivision as a contempt of court.
10.13 		Subd. 8.Hearings related to administrative orders. (a) Within 30 days after the 
10.14 	commissioner issues an administrative order or within 20 days after the commissioner 
10.15 	issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the 
10.16 	person to whom the administrative order or notice is issued may request an expedited 
10.17 	hearing to review the commissioner's order or notice. The request for hearing must be 
10.18 	in writing and must be served on or faxed to the commissioner at the address or fax 
10.19 	number specified in the order or notice. If the person does not request a hearing or if the 
10.20 	person's written request for hearing is not served on or faxed to the commissioner by the 
10.21 	30th day after the commissioner issues the administrative order or the 20th day after the 
10.22 	commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), 
10.23 	clause (3), the order will become a final order of the commissioner and will not be subject 
10.24 	to review by any court or agency. The date on which a request for hearing is served by 
10.25 	mail shall be the postmark date on the envelope in which the request for hearing is mailed. 
10.26 	The hearing request must specifically state the reasons for seeking review of the order or 
10.27 	notice. The person to whom the order or notice is issued and the commissioner are the 
10.28 	parties to the expedited hearing. The commissioner must notify the person to whom the 
10.29 	order or notice is issued of the time and place of the hearing at least 15 days before the 
10.30 	hearing. The expedited hearing must be held within 45 days after a request for hearing has 
10.31 	been served on the commissioner unless the parties agree to a later date.
10.32 	(b) All written arguments must be submitted within ten days following the close of 
10.33 	the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
10.34 	1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in 
10.35 	consultation with the agency, adopt rules specifically applicable to cases under this section.
11.1 	(c) The administrative law judge shall issue a report making findings of fact, 
11.2 	conclusions of law, and a recommended order to the commissioner within 30 days 
11.3 	following the close of the record.
11.4 	(d) If the administrative law judge makes a finding that the hearing was requested 
11.5 	solely for purposes of delay or that the hearing request was frivolous, the commissioner 
11.6 	may add to the amount of the penalty the costs charged to the department by the Office of 
11.7 	Administrative Hearings for the hearing.
11.8 	(e) If a hearing has been held, the commissioner shall not issue a final order until 
11.9 	at least five days after the date of the administrative law judge's report. Any person 
11.10 	aggrieved by the administrative law judge's report may, within those five days, serve 
11.11 	written comments to the commissioner on the report and the commissioner shall consider 
11.12 	the comments. The commissioner's final order may be appealed in the manner provided in 
11.13 	sections 14.63 to 14.69.
11.14 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
11.15 	commissioner may bring an action for injunctive relief in the Ramsey County District 
11.16 	Court or, at the commissioner's discretion, in the district court in the county in which the 
11.17 	commissioner has determined a violation of the applicable law has occurred or is about to 
11.18 	occur to enjoin the violation. A temporary restraining order and other injunctive relief 
11.19 	shall be granted by the district court if the court determines that a person has engaged in or 
11.20 	is about to engage in an act, conduct, or practice constituting a violation of the applicable 
11.21 	law. The commissioner shall not be required to show irreparable harm.
11.22 		Subd. 10.Stop orders. (a) If the commissioner determines based on an inspection 
11.23 	or investigation that a person has violated or is about to violate the applicable law, the 
11.24 	commissioner may issue to the person a stop order requiring the person to cease and desist 
11.25 	from committing the violation.
11.26 	(b) If the commissioner determines that a condition exists on real property that 
11.27 	violates the applicable law, the commissioner may issue a stop order to the owner or 
11.28 	lessee of the real property to cease and desist from committing the violation and to correct 
11.29 	the condition that is in violation.
11.30 	(c) The commissioner shall issue the stop work order by:
11.31 	(1) serving the order on the person who has committed or is about to commit the 
11.32 	violation;
11.33 	(2) posting the order at the location where the violation was committed or is about to 
11.34 	be committed or at the location where the violating condition exists; or
11.35 	(3) serving the order on any owner or lessee of the real property where the violating 
11.36 	condition exists.
12.1 	(d) A stop order shall:
12.2 	(1) describe the act, conduct, or practice committed or about to be committed, or the 
12.3 	condition, and include a reference to the applicable law that the act, conduct, practice, or 
12.4 	condition violates or would violate; and
12.5 	(2) provide notice that any person aggrieved by the stop order may request a hearing 
12.6 	as provided in paragraph (e).
12.7 	(e) Within 30 days after the commissioner issues a stop order, any person aggrieved 
12.8 	by the order may request an expedited hearing to review the commissioner's action. 
12.9 	The request for hearing must be made in writing and must be served on or faxed to the 
12.10 	commissioner at the address or fax number specified in the order. If the person does not 
12.11 	request a hearing or if the person's written request for hearing is not served on or faxed to 
12.12 	the commissioner on or before the 30th day after the commissioner issued the stop order, 
12.13 	the order will become a final order of the commissioner and will not be subject to review 
12.14 	by any court or agency. The date on which a request for hearing is served by mail is the 
12.15 	postmark date on the envelope in which the request for hearing is mailed. The hearing 
12.16 	request must specifically state the reasons for seeking review of the order. The person who 
12.17 	requested the hearing and the commissioner are the parties to the expedited hearing. The 
12.18 	hearing shall be commenced within ten days after the commissioner receives the request 
12.19 	for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
12.20 	1400.8612, as modified by this subdivision. The administrative law judge shall issue a 
12.21 	report containing findings of fact, conclusions of law, and a recommended order within 
12.22 	ten days after the conclusion of the hearing. Any party aggrieved by the administrative 
12.23 	law judge's report shall have five days after the date of the administrative law judge's 
12.24 	report to submit exceptions and argument to the commissioner. Within 15 days after 
12.25 	receiving the administrative law judge's report, the commissioner shall issue an order 
12.26 	vacating, modifying, or making permanent the stop order. The commissioner and the 
12.27 	person requesting the hearing may by agreement lengthen any time periods described in 
12.28 	this paragraph. The Office of Administrative Hearings may, in consultation with the 
12.29 	agency, adopt rules specifically applicable to cases under this subdivision.
12.30 	(f) A stop order issued under this subdivision shall be in effect until it is modified or 
12.31 	vacated by the commissioner or an appellate court. The administrative hearing provided 
12.32 	by this subdivision and any appellate judicial review as provided in chapter 14 shall 
12.33 	constitute the exclusive remedy for any person aggrieved by a stop order.
12.34 	(g) Upon the application of the commissioner, a district court shall find the failure of 
12.35 	any person to comply with a final stop order lawfully issued by the commissioner under 
12.36 	this subdivision as a contempt of court.
13.1 		Subd. 11.Licensing orders; grounds; reapplication. (a) The commissioner may 
13.2 	deny an application for a permit, license, registration, or certificate if the applicant does 
13.3 	not meet or fails to maintain the minimum qualifications for holding the permit, license, 
13.4 	registration, or certificate, or has any unresolved violations or unpaid fees or monetary 
13.5 	penalties related to the activity for which the permit, license, registration, or certificate has 
13.6 	been applied for or was issued.
13.7 	(b) The commissioner may deny, suspend, limit, place conditions on, or revoke a 
13.8 	person's permit, license, registration, or certificate, or censure the person holding the 
13.9 	permit, license, registration, or certificate, if the commissioner finds that the person:
13.10 	(1) committed one or more violations of the applicable law;
13.11 	(2) submitted false or misleading information to the state in connection with 
13.12 	activities for which the permit, license, registration, or certificate was issued, or in 
13.13 	connection with the application for the permit, license, registration, or certificate;
13.14 	(3) allowed the alteration or use of the person's own permit, license, registration, 
13.15 	or certificate by another person;
13.16 	(4) within the previous five years, was convicted of a crime in connection with 
13.17 	activities for which the permit, license, registration, or certificate was issued;
13.18 	(5) violated a final administrative order issued under subdivision 7 or a final stop 
13.19 	order issued under subdivision 10, or injunctive relief issued under subdivision 9;
13.20 	(6) failed to cooperate with a commissioner's request to give testimony, to produce 
13.21 	documents, things, apparatus, devices, equipment, or materials, or to access property 
13.22 	under subdivision 2;
13.23 	(7) retaliated in any manner against any employee or person who is questioned by, 
13.24 	cooperates with, or provides information to the commissioner or an employee or agent 
13.25 	authorized by the commissioner who seeks access to property or things under subdivision 
13.26 	2;
13.27 	(8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
13.28 	(9) performed work in connection with the permit, license, registration, or 
13.29 	certificate or conducted the person's affairs in a manner that demonstrates incompetence, 
13.30 	untrustworthiness, or financial irresponsibility.
13.31 	(c) If the commissioner revokes a person's permit, license, registration, or certificate 
13.32 	under paragraph (b), the person is prohibited from reapplying for the same type of permit, 
13.33 	license, registration, or certificate for at least two years after the effective date of the 
13.34 	revocation. The commissioner may, as a condition of reapplication, require the person to 
13.35 	obtain a bond or comply with additional reasonable conditions the commissioner considers 
13.36 	necessary to protect the public. 
14.1 	(d) If a permit, license, registration, or certificate expires, or is surrendered, 
14.2 	withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may 
14.3 	institute a proceeding under this subdivision within two years after the permit, license, 
14.4 	registration, or certificate was last effective and enter a revocation or suspension order as 
14.5 	of the last date on which the permit, license, registration, or certificate was in effect.
14.6 		Subd. 12.Issuance of licensing orders; hearings related to licensing orders. 
14.7 	 (a) If the commissioner determines that a permit, license, registration, or certificate 
14.8 	should be conditioned, limited, suspended, revoked, or denied under subdivision 11, 
14.9 	or that the permit holder, licensee, registrant, or certificate holder should be censured 
14.10 	under subdivision 11, then the commissioner shall issue to the person an order denying, 
14.11 	conditioning, limiting, suspending, or revoking the person's permit, license, registration, 
14.12 	or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
14.13 	(b) Any order issued under paragraph (a) may include an assessment of monetary 
14.14 	penalties and may require the person to cease and desist from committing the violation 
14.15 	or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The 
14.16 	monetary penalty may be up to $10,000 for each violation or act, conduct, or practice 
14.17 	committed by the person. The procedures in section 326B.083 must be followed when 
14.18 	issuing orders under paragraph (a).
14.19 	(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom 
14.20 	the commissioner issues an order under paragraph (a) shall have 30 days after service of 
14.21 	the order to request a hearing. The request for hearing must be in writing and must be 
14.22 	served on or faxed to the commissioner at the address or fax number specified in the order 
14.23 	by the 30th day after service of the order. If the person does not request a hearing or if 
14.24 	the person's written request for hearing is not served on or faxed to the commissioner 
14.25 	by the 30th day after service of the order, the order shall become a final order of the 
14.26 	commissioner and will not be subject to review by any court or agency. The date on which 
14.27 	a request for hearing is served by mail shall be the postmark date on the envelope in which 
14.28 	the request for hearing is mailed. If the person submits to the commissioner a timely 
14.29 	request for hearing, a contested case hearing shall be held in accordance with chapter 14.
14.30 	(d) Paragraph (c) does not apply to summary suspension under subdivision 13.
14.31 		Subd. 13.Summary suspension. In any case where the commissioner has 
14.32 	issued an order to revoke or suspend a license, registration, certificate, or permit under 
14.33 	subdivision 12, the commissioner may summarily suspend the person's permit, license, 
14.34 	registration, or certificate before the order becomes final. The commissioner shall issue a 
14.35 	summary suspension order when the safety of life or property is threatened or to prevent 
14.36 	the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the 
15.1 	public. The summary suspension shall not affect the deadline for submitting a request 
15.2 	for hearing under subdivision 12. If the commissioner summarily suspends a person's 
15.3 	permit, license, registration, or certificate, a timely request for hearing submitted under 
15.4 	subdivision 12 shall also be considered a timely request for hearing on continuation of 
15.5 	the summary suspension. If the commissioner summarily suspends a person's permit, 
15.6 	license, registration, or certificate under this subdivision and the person submits a timely 
15.7 	request for a hearing, then a hearing on continuation of the summary suspension must be 
15.8 	held within ten days after the commissioner receives the request for hearing unless the 
15.9 	parties agree to a later date.
15.10 		Subd. 14.Plan for assessing penalties. The commissioner may prepare a plan for 
15.11 	assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall 
15.12 	provide a 30-day period for public comment on any such plan. Penalties assessed by the 
15.13 	commissioner in accordance with the plan shall be presumed reasonable.
15.14 		Subd. 15.Effect on other laws. Nothing in this section shall be construed to limit 
15.15 	the application of other state or federal laws, including specifically but not exclusively 
15.16 	section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a 
15.17 	permit, license, registration, or certificate issued by the commissioner.
15.18 		Subd. 16.Misdemeanor penalties. Except as otherwise provided by law, a person 
15.19 	who violates an applicable law is guilty of a misdemeanor.
15.20 		Subd. 17.Revocation and suspension of license. If a person fails to pay a penalty 
15.21 	owed under this section or section 326B.083, the commissioner may revoke, suspend, or 
15.22 	deny any or all licenses, permits, certificates, and registrations issued by the department.

15.23 	Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF 
15.24 	ADMINISTRATIVE AND LICENSING ORDERS. 
15.25 		Subdivision 1.Amount of penalty; considerations. In determining the amount of 
15.26 	a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall 
15.27 	consider the factors described in section 14.045, subdivision 3.
15.28 		Subd. 2.Contents of administrative order and licensing order. (a) An 
15.29 	administrative order and a licensing order must include:
15.30 	(1) a summary of the facts that constitute the violation or violations;
15.31 	(2) a reference to the applicable law that has been violated; and
15.32 	(3) a statement of the person's right to request a hearing.
15.33 	(b) An administrative order may include a requirement that the violation be 
15.34 	corrected. If the order includes a requirement that the violation be corrected, then the 
16.1 	order must include, in addition to any statements required under paragraphs (a) and (c), 
16.2 	the deadline by which the violation must be corrected.
16.3 	(c) An administrative order or a licensing order may assess monetary penalties. If 
16.4 	the order assesses monetary penalties, then the order must include, in addition to any 
16.5 	statements required under paragraphs (a) and (b):
16.6 	(1) a statement of the amount of the monetary penalty imposed;
16.7 	(2) a statement that, when the order becomes final, the commissioner may file and 
16.8 	enforce the unpaid portion of a penalty as a judgment in district court without further 
16.9 	notice or additional proceedings; and
16.10 	(3) if the order is an administrative order, a statement of the amount of the penalty, 
16.11 	if any, that will be forgiven if the person who is subject to the order demonstrates to the 
16.12 	commissioner by the 31st day after the order is served that the person has corrected the 
16.13 	violation or has developed a correction plan acceptable to the commissioner.
16.14 		Subd. 3.Penalty. (a) If an administrative order includes a penalty assessment, then 
16.15 	the penalty is due and payable on the date the administrative order becomes final unless 
16.16 	some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, 
16.17 	then the penalty is due and payable on the date the licensing order becomes final.
16.18 	(b) This paragraph applies if an administrative order includes a penalty assessment 
16.19 	and all or a portion of the penalty is forgivable.
16.20 	(1) If any portion of the penalty is not forgivable, that portion of the penalty is due 
16.21 	and payable ten days after the date the administrative order becomes final.
16.22 	(2) The commissioner shall forgive the forgivable portion of the penalty if the 
16.23 	commissioner determines that the violation has been corrected within the time set by 
16.24 	the order or the person to whom the order was issued has developed a correction plan 
16.25 	acceptable to the commissioner within the time set by the order.
16.26 	(3) If the commissioner determines that the person to whom the order was issued 
16.27 	has failed to correct the violation within the time set by the order or has failed to develop 
16.28 	a correction plan acceptable to the commissioner within the time set by the order, then 
16.29 	the forgivable portion of the penalty is due and payable ten days after the commissioner 
16.30 	serves notice of the determination on the person or on the date the administrative order 
16.31 	becomes final, whichever is later.
16.32 	(c) This paragraph applies if an administrative order or a licensing order includes a 
16.33 	penalty assessment and if the person subject to the order has requested a hearing. The 
16.34 	administrative law judge may not recommend a change in the amount of the penalty if 
16.35 	the penalty was assessed in accordance with a plan prepared under section 326B.082, 
16.36 	subdivision 14. If the commissioner has not prepared a plan under section 326B.082, 
17.1 	subdivision 14, then the administrative law judge may not recommend a change in the 
17.2 	amount of the penalty unless the administrative law judge determines that, based on the 
17.3 	factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
17.4 	(d) The assessment of a penalty does not preclude the use of other enforcement 
17.5 	provisions, under which penalties are not assessed, in connection with the violation for 
17.6 	which the penalty was assessed.

17.7 	Sec. 4. [326B.084] FALSE INFORMATION.
17.8 	A person subject to any of the requirements in the applicable law may not make a 
17.9 	false material statement, representation, or certification in; omit material information 
17.10 	from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, 
17.11 	or other document required under the applicable law.

17.12 	Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
17.13 	In any action brought by the commissioner for enforcement of an order issued 
17.14 	under section 326B.082 for injunctive relief, or to compel performance pursuant to the 
17.15 	applicable law, if the state finally prevails, the state, in addition to other penalties provided 
17.16 	by law, may be allowed an amount determined by the court to be the reasonable value of 
17.17 	all or part of the litigation expenses incurred by the state. In determining the amount of 
17.18 	the litigation expenses to be allowed, the court shall give consideration to the economic 
17.19 	circumstances of the defendant.

17.20 	Sec. 6. REVISOR'S INSTRUCTION.
 17.21 	The revisor of statutes shall renumber Minnesota Statutes, section 299F.011, 
17.22 	subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.

17.23 	ARTICLE 4
17.24 	BUILDING CODE

17.25 	Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:
17.26 		Subd. 2.Powers and duties, general. Subject to other provisions of this chapter, 
17.27 	the commissioner is authorized to:
17.28 	(1) supervise, control, review, and approve all state contracts and purchasing;
17.29 	(2) provide agencies with supplies and equipment and operate all central store or 
17.30 	supply rooms serving more than one agency;
17.31 	(3) investigate and study the management and organization of agencies, and 
17.32 	reorganize them when necessary to ensure their effective and efficient operation;
18.1 	(4) manage and control state property, real and personal;
18.2 	(5) maintain and operate all state buildings, as described in section 16B.24, 
18.3 	subdivision 1;
18.4 	(6) supervise, control, review, and approve all capital improvements to state 
18.5 	buildings and the capitol building and grounds;
18.6 	(7) provide central duplicating, printing, and mail facilities;
18.7 	(8) oversee publication of official documents and provide for their sale;
18.8 	(9) manage and operate parking facilities for state employees and a central motor 
18.9 	pool for travel on state business; and
18.10 	~~(10) establish and administer a State Building Code; and~~
18.11 	~~(11)~~ (10) provide rental space within the capitol complex for a private day care 
18.12 	center for children of state employees. The commissioner shall contract for services as 
18.13 	provided in this chapter. The commissioner shall report back to the legislature by October 
18.14 	1, 1984, with the recommendation to implement the private day care operation.

18.15 	Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
18.16 		Subd. 4.Code. "Code" means the State Building Code adopted by the commissioner 
18.17 	of labor and industry in accordance with sections 16B.59 to 16B.75.

18.18 	Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
18.19 		Subd. 7.~~Physically disabled~~ Person with a disability. ~~"Physically disabled" means~~ 
18.20 	~~having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities~~ 
18.21 	~~of aging, or other disabilities that significantly reduce mobility, flexibility, coordination,~~ 
18.22 	~~or perceptiveness.~~ "Person with a disability" or "persons with disabilities" includes 
18.23 	people who have a vision disability, a hearing disability, a disability of coordination, a 
18.24 	disability of aging, or any other disability that significantly reduces mobility, flexibility, 
18.25 	coordination, or perceptiveness.

18.26 	Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
18.27 		Subd. 8.Remodeling. "Remodeling" means deliberate reconstruction of an existing 
18.28 	public building in whole or in part in order to bring it ~~up to date in~~ into conformity with 
18.29 	present uses of the structure and to which other rules on the upgrading of health and 
18.30 	safety provisions are applicable.

18.31 	Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
19.1 		Subd. 11.State licensed ~~facilities~~ facility. "State licensed ~~facilities~~ facility" means 
19.2 	a building and its grounds that are licensed by the state as a hospital, nursing home, 
19.3 	supervised living facility, free-standing outpatient surgical center, ~~or~~ correctional facility, 
19.4 	boarding care home, or residential hospice.

19.5 	Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:
19.6 	16B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND 
19.7 	INDUSTRY.
19.8 		Subdivision 1.Adoption of code. Subject to sections 16B.59 to 16B.75, 
19.9 	the commissioner shall by rule establish a code of standards for the construction, 
19.10 	reconstruction, alteration, and repair of buildings, governing matters of structural 
19.11 	materials, design and construction, fire protection, health, sanitation, and safety, including 
19.12 	design and construction standards regarding heat loss control, illumination, and climate 
19.13 	control. The code must also include duties and responsibilities for code administration, 
19.14 	including procedures for administrative action, penalties, and suspension and revocation 
19.15 	of certification. The code must conform insofar as practicable to model building codes 
19.16 	generally accepted and in use throughout the United States, including a code for 
19.17 	building conservation. In the preparation of the code, consideration must be given to 
19.18 	the existing statewide specialty codes presently in use in the state. Model codes with 
19.19 	necessary modifications and statewide specialty codes may be adopted by reference. 
19.20 	The code must be based on the application of scientific principles, approved tests, and 
19.21 	professional judgment. To the extent possible, the code must be adopted in terms of 
19.22 	desired results instead of the means of achieving those results, avoiding wherever possible 
19.23 	the incorporation of specifications of particular methods or materials. To that end the 
19.24 	code must encourage the use of new methods and new materials. Except as otherwise 
19.25 	provided in sections 16B.59 to 16B.75, the commissioner shall administer and enforce 
19.26 	the provisions of those sections. 
19.27 	The commissioner shall develop rules addressing the plan review fee assessed 
19.28 	to similar buildings without significant modifications including provisions for use of 
19.29 	building systems as specified in the industrial/modular program specified in section 
19.30 	16B.75. Additional plan review fees associated with similar plans must be based on costs 
19.31 	commensurate with the direct and indirect costs of the service. 
19.32 		Subd. 1a.Administration by commissioner. The commissioner shall administer 
19.33 	and enforce the State Building Code as a municipality with respect to public buildings and 
19.34 	state licensed facilities in the state. The commissioner shall establish appropriate permit, 
19.35 	plan review, ~~and~~ inspection fees, and surcharges for public buildings and state licensed 
20.1 	facilities. ~~Fees and surcharges for public buildings and state licensed facilities must be~~ 
20.2 	~~remitted to the commissioner, who shall deposit them in the state treasury for credit to~~ 
20.3 	~~the special revenue fund.~~
20.4 	Municipalities other than the state having an agreement with the commissioner 
20.5 	for code administration and enforcement service for public buildings and state licensed 
20.6 	facilities shall charge their customary fees, including surcharge, to be paid directly to the 
20.7 	jurisdiction by the applicant seeking authorization to construct a public building or a state 
20.8 	licensed facility. The commissioner shall sign an agreement with a municipality other than 
20.9 	the state for plan review, code administration, and code enforcement service for public 
20.10 	buildings and state licensed facilities in the jurisdiction if the building officials of the 
20.11 	municipality meet the requirements of section 16B.65 and wish to provide those services 
20.12 	and if the commissioner determines that the municipality has enough adequately trained 
20.13 	and qualified building inspectors to provide those services for the construction project. 
20.14 	The commissioner may direct the state building official to assist a community that 
20.15 	has been affected by a natural disaster with building evaluation and other activities related 
20.16 	to building codes.
20.17 	Administration and enforcement in a municipality under this section must apply 
20.18 	any optional provisions of the State Building Code adopted by the municipality. A 
20.19 	municipality adopting any optional code provision shall notify the state building official 
20.20 	within 30 days of its adoption.
20.21 	The commissioner shall administer and enforce the provisions of the code relating to 
20.22 	elevators statewide, except as provided for under section 16B.747, subdivision 3. 
20.23 		Subd. 2.Enforcement by certain bodies. Under the direction and supervision of 
20.24 	the commissioner, the provisions of the code relating to electrical installations ~~shall be~~ 
20.25 	~~enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act,~~ 
20.26 	~~the provisions relating to~~, plumbing ~~shall be enforced by the commissioner of health,~~ 
20.27 	~~the provisions relating to~~, boilers, high pressure steam piping and appurtenances, and 
20.28 	ammonia refrigeration piping~~, and bioprocess piping~~ shall be enforced by the Department 
20.29 	of Labor and Industry. Fees for inspections conducted by the ~~State Board of Electricity~~
20.30 	commissioner shall be paid in accordance with the rules of the ~~State Board of Electricity~~
20.31 	department. Under direction of the commissioner of public safety, the state fire marshal 
20.32 	shall enforce the State Fire Code as provided in chapter 299F. The commissioner~~, in~~ 
20.33 	~~consultation with the commissioner of labor and industry,~~ shall adopt amendments to the 
20.34 	mechanical code portion of the State Building Code to implement standards for process 
20.35 	piping.
21.1 		Subd. 3.Special requirements. (a) Space for commuter vans. The code must 
21.2 	require that any parking ramp or other parking facility constructed in accordance with the 
21.3 	code include an appropriate number of spaces suitable for the parking of motor vehicles 
21.4 	having a capacity of seven to 16 persons and which are principally used to provide 
21.5 	prearranged commuter transportation of employees to or from their place of employment 
21.6 	or to or from a transit stop authorized by a local transit authority. 
21.7 	(b)  Smoke detection devices. The code must require that all dwellings, lodging 
21.8 	houses, apartment houses, and hotels as defined in section 299F.362 comply with the 
21.9 	provisions of section 299F.362. 
21.10 	(c)  Doors in nursing homes and hospitals. The State Building Code may not 
21.11 	require that each door entering a sleeping or patient's room from a corridor in a nursing 
21.12 	home or hospital with an approved complete standard automatic fire extinguishing system 
21.13 	be constructed or maintained as self-closing or automatically closing. 
21.14 	(d)  Child care facilities in churches; ground level exit. A licensed day care center 
21.15 	serving fewer than 30 preschool age persons and which is located in a belowground space 
21.16 	in a church building is exempt from the State Building Code requirement for a ground 
21.17 	level exit when the center has more than two stairways to the ground level and its exit. 
21.18 	~~(e)Child care facilities in churches; vertical access.Until August 1, 1996, an~~ 
21.19 	~~organization providing child care in an existing church building which is exempt from~~ 
21.20 	~~taxation under section 272.02, subdivision 6, shall have five years from the date of initial~~ 
21.21 	~~licensure under chapter 245A to provide interior vertical access, such as an elevator, to~~ 
21.22 	~~persons with disabilities as required by the State Building Code. To obtain the extension,~~ 
21.23 	~~the organization providing child care must secure a $2,500 performance bond with the~~ 
21.24 	~~commissioner of human services to ensure that interior vertical access is achieved by the~~ 
21.25 	~~agreed upon date.~~ 
21.26 	~~(f)~~ (e)Family and group family day care. Until the legislature enacts legislation 
21.27 	specifying appropriate standards, the definition of ~~Group R-3 occupancies in~~ dwellings 
21.28 	constructed in accordance with the International Residential Code as adopted as part of the 
21.29 	State Building Code applies to family and group family day care homes licensed by the 
21.30 	Department of Human Services under Minnesota Rules, chapter 9502. 
21.31 	~~(g)~~ (f)Enclosed stairways. No provision of the code or any appendix chapter of 
21.32 	the code may require stairways of existing multiple dwelling buildings of two stories or 
21.33 	less to be enclosed. 
21.34 	~~(h)~~ (g)Double cylinder dead bolt locks. No provision of the code or appendix 
21.35 	chapter of the code may prohibit double cylinder dead bolt locks in existing single-family 
21.36 	homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. 
22.1 	Any recommendation or promotion of double cylinder dead bolt locks must include a 
22.2 	warning about their potential fire danger and procedures to minimize the danger. 
22.3 	~~(i)~~ (h)Relocated residential buildings. A residential building relocated within 
22.4 	or into a political subdivision of the state need not comply with the State Energy Code 
22.5 	or section 326.371 provided that, where available, an energy audit is conducted on the 
22.6 	relocated building. 
22.7 	~~(j)~~ (i)Automatic garage door opening systems. The code must require all 
22.8 	residential buildings as defined in section 325F.82 to comply with the provisions of 
22.9 	sections 325F.82 and 325F.83. 
22.10 	~~(k)~~ (j)Exit sign illumination. For a new building on which construction is begun 
22.11 	on or after October 1, 1993, or an existing building on which remodeling affecting 50 
22.12 	percent or more of the enclosed space is begun on or after October 1, 1993, the code must 
22.13 	prohibit the use of internally illuminated exit signs whose electrical consumption during 
22.14 	nonemergency operation exceeds 20 watts of resistive power. All other requirements in 
22.15 	the code for exit signs must be complied with. 
22.16 	~~(l)~~ (k)Exterior wood decks, patios, and balconies. The code must permit the 
22.17 	decking surface and upper portions of exterior wood decks, patios, and balconies to be 
22.18 	constructed of (1) heartwood from species of wood having natural resistance to decay or 
22.19 	termites, including redwood and cedars, (2) grades of lumber which contain sapwood from 
22.20 	species of wood having natural resistance to decay or termites, including redwood and 
22.21 	cedars, or (3) treated wood. The species and grades of wood products used to construct the 
22.22 	decking surface and upper portions of exterior decks, patios, and balconies must be made 
22.23 	available to the building official on request before final construction approval. 
22.24 	~~(m)~~ (l)Bioprocess piping and equipment. No permit fee for bioprocess piping may 
22.25 	be imposed by municipalities under the State Building Code, except as required under 
22.26 	section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section 
22.27 	326.47 administered by the Department of Labor and Industry. All data regarding the 
22.28 	material production processes, including the bioprocess system's structural design and 
22.29 	layout, are nonpublic data as provided by section 13.7911.
22.30 		Subd. 3a.Recycling space. The code must require suitable space for the separation, 
22.31 	collection, and temporary storage of recyclable materials within or adjacent to new or 
22.32 	significantly remodeled structures that contain 1,000 square feet or more. Residential 
22.33 	structures with fewer than four dwelling units are exempt from this subdivision.
22.34 		Subd. 4.Review of plans for public buildings and state licensed facilities.
 22.35 	Construction or remodeling may not begin on any public building or state licensed facility 
22.36 	until the plans and specifications have been approved by the commissioner or municipality 
23.1 	under contractual agreement pursuant to subdivision 1a. The plans and specifications must 
23.2 	be submitted for review, and within 30 days after receipt of the plans and specifications, 
23.3 	the commissioner or municipality under contractual agreement shall notify the submitting 
23.4 	authority of any corrections.
23.5 		Subd. 5.Accessibility. (a) Public buildings. The code must provide for making 
23.6 	public buildings constructed or remodeled after July 1, 1963, accessible to and usable by 
23.7 	~~physically disabled~~ persons with disabilities, although this does not require the remodeling 
23.8 	of public buildings solely to provide accessibility and usability to ~~the physically disabled~~
23.9 	persons with disabilities when remodeling would not otherwise be undertaken. 
23.10 	(b) Leased space. No agency of the state may lease space for agency operations 
23.11 	in a non-state-owned building unless the building satisfies the requirements of the State 
23.12 	Building Code for accessibility by ~~the physically disabled~~ persons with disabilities, or 
23.13 	is eligible to display the state symbol of accessibility. This limitation applies to leases 
23.14 	of 30 days or more for space of at least 1,000 square feet. 
23.15 	(c) Meetings or conferences. Meetings or conferences for the public or for state 
23.16 	employees which are sponsored in whole or in part by a state agency must be held in 
23.17 	buildings that meet the State Building Code requirements relating to accessibility for 
23.18 	~~physically disabled~~ persons with disabilities. This subdivision does not apply to any 
23.19 	classes, seminars, or training programs offered by the Minnesota State Colleges and 
23.20 	Universities or the University of Minnesota. Meetings or conferences intended for specific 
23.21 	individuals none of whom need the accessibility features for ~~disabled~~ persons with 
23.22 	disabilities specified in the State Building Code need not comply with this subdivision 
23.23 	unless a ~~disabled~~ person with a disability gives reasonable advance notice of an intent to 
23.24 	attend the meeting or conference. When sign language interpreters will be provided, 
23.25 	meetings or conference sites must be chosen which allow hearing impaired participants to 
23.26 	see their signing clearly. 
23.27 	(d) Exemptions. The commissioner may grant an exemption from the requirements 
23.28 	of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable 
23.29 	efforts were made to secure facilities which complied with those requirements and if the 
23.30 	selected facilities are the best available for access for ~~disabled~~ persons with disabilities. 
23.31 	Exemptions shall be granted using criteria developed by the commissioner in consultation 
23.32 	with the Council on Disability. 
23.33 	(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation 
23.34 	International's Eleventh World Congress is the state symbol indicating buildings, facilities, 
23.35 	and grounds which are accessible to and usable by ~~disabled~~ persons with disabilities. In 
23.36 	the interests of uniformity, this symbol is the sole symbol for display in or on all public 
24.1 	or private buildings, facilities, and grounds which qualify for its use. The secretary of 
24.2 	state shall obtain the symbol and keep it on file. No building, facility, or grounds may 
24.3 	display the symbol unless it is in compliance with the rules adopted by the commissioner 
24.4 	under subdivision 1. Before any rules are proposed for adoption under this paragraph, 
24.5 	the commissioner shall consult with the Council on Disability. Rules adopted under this 
24.6 	paragraph must be enforced in the same way as other accessibility rules of the State 
24.7 	Building Code. 
24.8 	(f) Municipal enforcement. Municipalities which have not adopted the State 
24.9 	Building Code may enforce the building code requirements for ~~disabled~~ persons with 
24.10 	disabilities by either entering into a joint powers agreement for enforcement with another 
24.11 	municipality which has adopted the State Building Code; or contracting for enforcement 
24.12 	with an individual certified under section 16B.65, subdivision 3, to enforce the State 
24.13 	Building Code. 
24.14 	~~(g)Equipment allowed.The code must allow the use of vertical wheelchair lifts~~ 
24.15 	~~and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair~~ 
24.16 	~~lift must be equipped with light or sound signaling device for use during operation of the~~ 
24.17 	~~lift. The stairway or ramp shall be marked in a bright color that clearly indicates the~~ 
24.18 	~~outside edge of the lift when in operation. The code shall not require a guardrail between~~ 
24.19 	~~the lift and the stairway or ramp. Compliance with this provision by itself does not mean~~ 
24.20 	~~other disability accessibility requirements have been met.~~ 
24.21 		Subd. 6.Energy efficiency. The code must provide for building new low-income 
24.22 	housing in accordance with energy efficiency standards adopted under subdivision 1. 
24.23 	For purposes of this subdivision, low-income housing means residential housing built 
24.24 	for low-income persons and families under a program of a housing and redevelopment 
24.25 	authority, the Minnesota Housing Finance Agency, or another entity receiving money 
24.26 	from the state to construct such housing.
24.27 		Subd. 7.Access for the hearing-impaired. All rooms in the State Office Building 
24.28 	and in the Capitol that are used by the house of representatives or the senate for legislative 
24.29 	hearings, and the public galleries overlooking the house and senate chambers, must 
24.30 	be fitted with assistive listening devices for the hearing-impaired. Each hearing room 
24.31 	and the public galleries must have a sufficient number of receivers available so that 
24.32 	hearing-impaired members of the public may participate in the committee hearings and 
24.33 	public sessions of the house and senate.
24.34 		Subd. 8.Separate metering for electric service. The standards concerning heat 
24.35 	loss, illumination, and climate control adopted pursuant to subdivision 1, shall require 
24.36 	that electrical service to individual dwelling units in buildings containing two or more 
25.1 	units be separately metered, with individual metering readily accessible to the individual 
25.2 	occupants. The standards authorized by this subdivision shall only apply to buildings 
25.3 	constructed after the effective date of the amended standards. Buildings intended for 
25.4 	occupancy primarily by persons who are 62 years of age or older or disabled, or which 
25.5 	contain a majority of units not equipped with complete kitchen facilities, shall be exempt 
25.6 	from the provisions of this subdivision.

25.7 	Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
25.8 		Subd. 4.Rules. The commissioner ~~of administration~~ shall adopt rules to implement 
25.9 	this section. The rules may provide for a greater ratio of women's to men's facilities 
25.10 	for certain types of occupancies than is required in subdivision 3, and may apply the 
25.11 	required ratios to categories of occupancies other than those defined as places of public 
25.12 	accommodation under subdivision 1.

25.13 	Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:
25.14 	16B.617 ENERGY CODE RULES REMAIN IN EFFECT.
25.15 	(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter 
25.16 	7670, does not expire on April 15, 2000, but remains in effect for residential buildings not 
25.17 	covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter 
25.18 	7670, that apply to category 1 buildings govern new, detached single one- and two-family 
25.19 	R-3 occupancy residential buildings. All new, detached single one- and two-family R-3 
25.20 	occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application 
25.21 	for a building permit after April 14, 2000, must meet the requirements for category 1 
25.22 	buildings, as set out in Minnesota Rules, chapter 7670.
25.23 	(b) As an alternative to compliance with paragraph (a), compliance with Minnesota 
25.24 	Rules, chapters 7672 and 7674, is optional for a contractor or owner.
25.25 	~~(c) The Department of Administration, Building Codes and Standards Division~~ 
25.26 	~~(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost~~ 
25.27 	~~benefit, as well as air quality, building durability, moisture, enforcement, enforceability,~~ 
25.28 	~~and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and~~ 
25.29 	~~7674. The report must include a feasibility study of establishing new criteria for category~~ 
25.30 	~~2 detached single one- and two-family R-3 occupancy buildings that are energy efficient,~~ 
25.31 	~~enforceable, and provide sufficient nonmechanical ventilation or permeability for a home~~ 
25.32 	~~to maintain good air quality, building durability, and adequate release of moisture.~~
25.33 	~~(d)~~(c) This section expires when the commissioner ~~of administration~~ adopts a new 
25.34 	energy code in accordance with Laws 2002, chapter 317, section 4.

26.1 	Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
26.2 	16B.6175 ENERGY CODE.
26.3 	Notwithstanding section  16B.617, the commissioner ~~of administration, in~~ 
26.4 	~~consultation with the Construction Codes Advisory Council,~~ shall explore and review the 
26.5 	availability and appropriateness of any model energy codes related to the construction of 
26.6 	single one- and two-family residential buildings. ~~In consultation with the council,~~ The 
26.7 	commissioner shall take steps to adopt the chosen code with all necessary and appropriate 
26.8 	amendments. 
26.9 	The commissioner may not adopt all or part of a model energy code relating to 
26.10 	the construction of residential buildings without research and analysis that addresses, 
26.11 	at a minimum, air quality, building durability, moisture, enforcement, enforceability 
26.12 	cost benefit, and liability. The research and analysis must be completed in cooperation 
26.13 	with practitioners in residential construction and building science ~~and an affirmative~~ 
26.14 	~~recommendation by the Construction Codes Advisory Council~~.

26.15 	Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:
26.16 	16B.63 STATE BUILDING OFFICIAL.
26.17 		Subdivision 1.Appointment. The commissioner shall appoint a state building 
26.18 	official who under the direction and supervision of the commissioner shall administer 
26.19 	the code.
26.20 		Subd. 2.Qualifications. To be eligible for appointment as state building official an 
26.21 	individual must be competent in the field of administration and shall have the experience 
26.22 	in building design, construction, and supervision which the commissioner considers 
26.23 	necessary.
26.24 		Subd. 3.Powers and duties. The state building official may, with the approval of 
26.25 	the commissioner, employ personnel necessary to carry out the inspector's function under 
26.26 	sections  16B.59 to  16B.75. The state building official shall distribute without charge 
26.27 	~~one copy~~ a printed or electronic version of the code to each municipality within the state. 
26.28 	~~Additional copies~~ A printed or electronic version of the code shall be made available 
26.29 	to municipalities and interested parties for a fee prescribed by the commissioner. The 
26.30 	state building official shall perform other duties in administering the code assigned by 
26.31 	the commissioner. 
26.32 		Subd. 4.Accessibility specialists. The state building official shall, with the 
26.33 	approval of the commissioner, assign three department employees to assist municipalities 
26.34 	in complying with section  16B.61, subdivision 5. 
27.1 		Subd. 5.Interpretative authority. To achieve uniform and consistent application 
27.2 	of the State Building Code, the state building official has final interpretative authority 
27.3 	applicable to all codes adopted as part of the State Building Code ~~except for the~~ 
27.4 	~~Plumbing Code and the Electrical Code when enforced by the State Board of Electricity~~. 
27.5 	A final interpretative committee composed of seven members, consisting of three 
27.6 	building officials, two inspectors from the affected field, and two construction industry 
27.7 	representatives, shall review requests for final interpretations relating to that field. A 
27.8 	request for final interpretation must come from a local or state level building code 
27.9 	board of appeals. The state building official must establish procedures for membership 
27.10 	of the interpretative committees. The appropriate committee shall review the request 
27.11 	and make a recommendation to the state building official for the final interpretation 
27.12 	within 30 days of the request. The state building official must issue an interpretation 
27.13 	within ten business days from the recommendation from the review committee. A final 
27.14 	interpretation may be appealed within 30 days of its issuance to the commissioner under 
27.15 	section  16B.67. The final interpretation must be published within ten business days of its 
27.16 	issuance and made available to the public. Municipal building officials shall administer all 
27.17 	final interpretations issued by the state building official until the final interpretations are 
27.18 	considered for adoption as part of the State Building Code. 

27.19 	Sec. 11. Minnesota Statutes 2006, section 16B.65, is amended to read:
27.20 	16B.65 BUILDING OFFICIALS.
27.21 		Subdivision 1.Designation. ~~By January 1, 2002,~~ Each municipality shall designate 
27.22 	a building official to administer the code. A municipality may designate no more than one 
27.23 	building official responsible for code administration defined by each certification category 
27.24 	established in rule. Two or more municipalities may combine in the designation of a 
27.25 	building official for the purpose of administering the provisions of the code within their 
27.26 	communities. In those municipalities for which no building officials have been designated, 
27.27 	the state building official may use whichever state employees are necessary to perform 
27.28 	the duties of the building official until the municipality makes a temporary or permanent 
27.29 	designation. All costs incurred by virtue of these services rendered by state employees 
27.30 	must be borne by the involved municipality and receipts arising from these services must 
27.31 	be paid ~~into the state treasury and credited to the special revenue fund~~ to the commissioner.
27.32 		Subd. 2.Qualifications. A building official, to be eligible for designation, must 
27.33 	be certified and have the experience in design, construction, and supervision which 
27.34 	the commissioner deems necessary and must be generally informed on the quality and 
27.35 	strength of building materials, accepted building construction requirements, and the nature 
28.1 	of equipment and needs conducive to the safety, comfort, and convenience of building 
28.2 	occupants. No person may be designated as a building official for a municipality unless 
28.3 	the commissioner determines that the official is qualified as provided in subdivision 3.
28.4 		Subd. 3.Certification. The commissioner shall by rule establish certification 
28.5 	criteria as proof of qualification pursuant to subdivision 2. The commissioner may:
28.6 	(1) ~~prepare and conduct~~ develop and administer written and practical examinations 
28.7 	to determine if a person is qualified pursuant to subdivision 2 to be a building official;
28.8 	(2) accept documentation of successful completion of testing programs developed 
28.9 	and administered by nationally recognized testing agencies, as proof of qualification 
28.10 	pursuant to subdivision 2; or
28.11 	(3) determine qualifications by ~~both clauses (1) and (2)~~ satisfactory completion of 
28.12 	clause (2) and a mandatory training program developed or approved by the commissioner.
28.13 	Upon a determination of qualification under clause (1), (2), or ~~both of them~~ (3), 
28.14 	the commissioner shall issue a certificate to the building official stating that the official 
28.15 	is certified. Each person applying for examination and certification pursuant to this 
28.16 	section shall pay a nonrefundable fee of $70. The commissioner or a designee may 
28.17 	establish categories of certification that will recognize the varying complexities of code 
28.18 	enforcement in the municipalities within the state. The commissioner shall provide 
28.19 	educational programs designed to train and assist building officials in carrying out their 
28.20 	responsibilities.
28.21 	~~The Department of Employee Relations may, at the request of the commissioner,~~ 
28.22 	~~provide statewide testing services.~~
28.23 		Subd. 4.Duties. Building officials shall, in the municipality for which they 
28.24 	are designated, be responsible for all aspects of code administration for which they 
28.25 	are certified, including the issuance of all building permits and the inspection of all 
28.26 	manufactured home installations. The commissioner may direct a municipality with 
28.27 	a building official to perform services for another municipality, and in that event the 
28.28 	municipality being served shall pay the municipality rendering the services the reasonable 
28.29 	costs of the services. The costs may be subject to approval by the commissioner.
28.30 		Subd. 5.Oversight committee. (a) The commissioner shall establish a Code 
28.31 	Administration Oversight Committee ~~to evaluate, mediate, and~~ that will, at the 
28.32 	commissioner's request, recommend to the commissioner ~~any administrative action,~~ 
28.33 	~~penalty, suspension, or revocation with respect~~ appropriate action pursuant to section 
28.34 	326B.82, in response to ~~complaints filed with or~~ information received or obtained by the 
28.35 	commissioner ~~alleging or indicating~~  that supports a finding that: (1) an individual has 
28.36 	engaged in, or is about to engage in, the unauthorized performance of ~~official~~ the duties 
29.1 	of a certified building official or the unauthorized use of the ~~title~~ certified building official~~,~~
29.2 	title; or ~~a violation of~~(2) a certified building official has violated a statute, rule, stipulation, 
29.3 	agreement, settlement, compliance agreement, cease and desist agreement, or order that 
29.4 	the commissioner has adopted, issued, or ~~is empowered~~ has the authority to enforce and 
29.5 	that is related to the duties of a certified building official. 
29.6 	(b) The committee ~~consists~~ shall consist of six members. One member shall be the 
29.7 	commissioner's designee and five members shall be certified building officials~~,~~who are 
29.8 	appointed by the commissioner. At least two of ~~whom~~ the appointed certified building 
29.9 	officials  must be from nonmetropolitan counties. For the committee members ~~must be~~ 
29.10 	~~compensated according to~~who are not state officials or employees, their compensation 
29.11 	and removal from the oversight committee is governed by section  15.059~~, subdivision 3~~. 
29.12 	The commissioner's designee shall ~~act as an ex-officio member of the oversight committee~~
29.13 	serve as the chair of the oversight committee and shall not vote. The terms of the appointed 
29.14 	members of the oversight committee shall be four years. The terms of three of the 
29.15 	appointed members shall be coterminous with the governor and the terms of the remaining 
29.16 	two appointed members shall end on the first Monday in January one year after the terms 
29.17 	of the other appointed members expire. An appointed member may be reappointed. The 
29.18 	committee is not subject to the expiration provisions of section 15.059, subdivision 5.
29.19 	~~(b)~~ (c) If the commissioner ~~has a reasonable basis to believe~~ determines that 
29.20 	~~a person~~ an individual has engaged in ~~an act or practice constituting~~ the unauthorized 
29.21 	performance of ~~official~~ the duties~~,~~ of a certified building official or the unauthorized use 
29.22 	of the ~~title~~ certified building official title, or that a ~~violation of~~ certified building official 
29.23 	has violated a statute, rule, stipulation, agreement, settlement, compliance agreement, 
29.24 	cease and desist agreement, or order that the commissioner has adopted, issued, or is 
29.25 	~~empowered~~ authorized to enforce that is related to the duties of a certified building official, 
29.26 	the commissioner may ~~proceed with~~ take administrative actions ~~or penalties as described~~ 
29.27 	~~in subdivision 5a or suspension or revocation as described in subdivision 5b.~~ against the 
29.28 	individual pursuant to section 326B.082, subdivisions 7 and 11.
29.29 		~~Subd. 5a.Administrative action and penalties.~~ ~~The commissioner shall, by rule,~~ 
29.30 	~~establish a graduated schedule of administrative actions for violations of sections 16B.59~~
29.31 	~~to  16B.75 and rules adopted under those sections. The schedule must be based on and~~ 
29.32 	~~reflect the culpability, frequency, and severity of the violator's actions. The commissioner~~ 
29.33 	~~may impose a penalty from the schedule on a certification holder for a violation of sections~~ 
29.34 	~~16B.59 to  16B.75 and rules adopted under those sections. The penalty is in addition to~~ 
29.35 	~~any criminal penalty imposed for the same violation. Administrative monetary penalties~~ 
29.36 	~~imposed by the commissioner must be paid to the special revenue fund.~~ 
30.1 		Subd. 5b.~~Suspension; revocation.~~ Grounds. ~~Except as otherwise provided for by~~ 
30.2 	~~law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue~~ 
30.3 	~~or reissue a building official certification if the applicant, building official, or certification~~ 
30.4 	~~holder:~~ In addition to the grounds set forth in section 326B.082, subdivision 11, the 
30.5 	commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or 
30.6 	may censure an applicant or individual holding a certificate, if the applicant or individual:
30.7 	(1) violates a provision of sections  16B.59 to  16B.75 or a rule adopted under those 
30.8 	sections; or
30.9 	(2) engages in fraud, deceit, or misrepresentation while performing the duties of a 
30.10 	certified building official~~;~~.
30.11 	~~(3) makes a false statement in an application submitted to the commissioner or in a~~ 
30.12 	~~document required to be submitted to the commissioner; or~~
30.13 	~~(4) violates an order of the commissioner.~~
30.14 	~~Notice must be provided and the hearing conducted in accordance with the provisions~~ 
30.15 	~~of chapter 14 governing contested case proceedings.~~ Nothing in this subdivision limits or 
30.16 	otherwise affects the authority of a municipality to dismiss or suspend a building official 
30.17 	at its discretion, except as otherwise provided for by law.
30.18 		Subd. 5c.Action against unlicensed persons. The commissioner may take any 
30.19 	administrative action provided under section 326B.082, against an individual required 
30.20 	to be certified under subdivision 3, based upon conduct that would provide grounds for 
30.21 	action against a certificate holder under this section.
30.22 		Subd. 6.Vacancies. In the event that a designated building official position is 
30.23 	vacant within a municipality, that municipality shall designate a certified building official 
30.24 	to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy 
30.25 	or designation in writing within 15 days. If the municipality fails to designate a certified 
30.26 	building official within 15 days of the occurrence of the vacancy, the state building official 
30.27 	may provide state employees to serve that function as provided in subdivision 1 until the 
30.28 	municipality makes a temporary or permanent designation. Municipalities must not issue 
30.29 	permits without a designated certified building official.
30.30 		Subd. 7.Continuing education. Subject to sections  16B.59 to  16B.75, the 
30.31 	commissioner may by rule establish or approve continuing education programs for 
30.32 	~~municipal~~ certified building officials dealing with matters of building code administration, 
30.33 	inspection, and enforcement. 
30.34 	Each person certified as a building official for the state must satisfactorily complete 
30.35 	applicable educational programs established or approved by the commissioner ~~every~~ 
30.36 	~~three calendar years~~ to retain certification.
31.1 	~~Each person certified as a building official must submit in writing to the~~ 
31.2 	~~commissioner an application for renewal of certification within 60 days of the last day of~~ 
31.3 	~~the third calendar year following the last certificate issued. Each application for renewal~~ 
31.4 	~~must be accompanied by proof of satisfactory completion of minimum continuing~~ 
31.5 	~~education requirements and the certification renewal fee established by the commissioner.~~
31.6 		Subd. 8.Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of 
31.7 	labor and industry may by rule adopt standards dealing with renewal requirements.
31.8 	(b) If the commissioner has not issued a notice of denial of application for a 
31.9 	certificate holder and if the certificate holder has properly and timely filed a fully completed 
31.10 	renewal application, then the certificate holder may continue to engage in building official 
31.11 	activities whether or not the renewed certificate has been received. Applications must be 
31.12 	made on a form approved by the commissioner. Each application for renewal must be 
31.13 	fully completed, and be accompanied by proof of the satisfactory completion of minimum 
31.14 	continuing education requirements and the certification renewal fee established by the 
31.15 	commissioner. Applications are timely if received prior to the expiration of the most 
31.16 	recently issued certificate. An application for renewal that does not contain all of the 
31.17 	information requested is an incomplete application and will not be accepted.
31.18 		Subd. 9.Expiration. All certificates expire at 11:59:59 p.m. central time on the 
31.19 	date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
31.20 		Subd. 10.Failure to renew. An individual who has failed to make a timely 
31.21 	application for renewal of a certificate is not certified and must not serve as the designated 
31.22 	building official for any municipality until a renewed certificate has been issued by the 
31.23 	commissioner.

31.24 	EFFECTIVE DATE. This section is effective July 1, 2007.

31.25 	Sec. 12. Minnesota Statutes 2006, section 16B.70, is amended to read:
31.26 	16B.70 SURCHARGE.
31.27 		Subdivision 1.Computation. To defray the costs of administering sections  
31.28 	16B.59 to  16B.76, a surcharge is imposed on all permits issued by municipalities in 
31.29 	connection with the construction of or addition or alteration to buildings and equipment or 
31.30 	appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge 
31.31 	receipts to award grants for code research and development and education. 
31.32 	If the fee for the permit issued is fixed in amount the surcharge is equivalent to 
31.33 	one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other 
31.34 	permits, the surcharge is as follows:
32.1 	(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the 
32.2 	surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, 
32.3 	or alteration;
32.4 	(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths 
32.5 	mill (.0004) of the value between $1,000,000 and $2,000,000;
32.6 	(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths 
32.7 	mill (.0003) of the value between $2,000,000 and $3,000,000;
32.8 	(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth 
32.9 	mill (.0002) of the value between $3,000,000 and $4,000,000;
32.10 	(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth 
32.11 	mill (.0001) of the value between $4,000,000 and $5,000,000; and
32.12 	(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth 
32.13 	mill (.00005) of the value that exceeds $5,000,000.
32.14 		Subd. 2.Collection and reports. All permit surcharges must be collected by each 
32.15 	municipality and a portion of them remitted to the state. Each municipality having a 
32.16 	population greater than 20,000 people shall prepare and submit to the commissioner once 
32.17 	a month a report of fees and surcharges on fees collected during the previous month 
32.18 	but shall retain the greater of two percent or that amount collected up to $25 to apply 
32.19 	against the administrative expenses the municipality incurs in collecting the surcharges. 
32.20 	All other municipalities shall submit the report and surcharges on fees once a quarter 
32.21 	but shall retain the greater of four percent or that amount collected up to $25 to apply 
32.22 	against the administrative expenses the municipalities incur in collecting the surcharges. 
32.23 	The report, which must be in a form prescribed by the commissioner, must be submitted 
32.24 	together with a remittance covering the surcharges collected by the 15th day following 
32.25 	the month or quarter in which the surcharges are collected. ~~All money collected by the~~ 
32.26 	~~commissioner through surcharges and other fees prescribed by sections  16B.59 to  16B.75~~
32.27 	~~shall be deposited in the state government special revenue fund and is appropriated to the~~ 
32.28 	~~commissioner for the purpose of administering and enforcing the State Building Code~~ 
32.29 	~~under sections  16B.59 to  16B.75.~~
32.30 		Subd. 3.Revenue to equal costs. Revenue received from the surcharge imposed 
32.31 	in subdivision 1 should approximately equal the cost, including the overhead cost, of 
32.32 	administering sections  16B.59 to  16B.75. By November 30 each year, the commissioner 
32.33 	must report to the commissioner of finance and to the legislature on changes in the 
32.34 	surcharge imposed in subdivision 1 needed to comply with this policy. In making this 
32.35 	report, the commissioner must assume that the services associated with administering 
33.1 	sections  16B.59 to  16B.75 will continue to be provided at the same level provided during 
33.2 	the fiscal year in which the report is made. 

33.3 	EFFECTIVE DATE. This section is effective July 1, 2007.

33.4 	Sec. 13. Minnesota Statutes 2006, section 16B.72, is amended to read:
33.5 	16B.72 REFERENDA ON STATE BUILDING CODE IN 
33.6 	NONMETROPOLITAN COUNTIES.
33.7 	Notwithstanding any other provision of law to the contrary, a county that is not a 
33.8 	metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote 
33.9 	of the majority of its electors residing outside of municipalities that have adopted the State 
33.10 	Building Code before January 1, 1977, that no part of the State Building Code except the 
33.11 	building requirements for ~~disabled~~ persons with disabilities, the requirements for bleacher 
33.12 	safety, and the requirements for elevator safety applies within its jurisdiction. 
33.13 	The county board may submit to the voters at a regular or special election the 
33.14 	question of adopting the building code. The county board shall submit the question to 
33.15 	the voters if it receives a petition for the question signed by a number of voters equal 
33.16 	to at least five percent of those voting in the last general election. The question on the 
33.17 	ballot must be stated substantially as follows:
33.18 	"Shall the State Building Code be adopted in .......... County?"
33.19 	If the majority of the votes cast on the proposition is in the negative, the State 
33.20 	Building Code does not apply in the subject county, outside home rule charter or statutory 
33.21 	cities or towns that adopted the building code before January 1, 1977, except the building 
33.22 	requirements for ~~disabled~~ persons  with disabilities, the requirements for bleacher safety, 
33.23 	and the requirements for elevator safety do apply.
33.24 	Nothing in this section precludes a municipality or town that has not adopted the 
33.25 	State Building Code from adopting and enforcing by ordinance or other legal means the 
33.26 	State Building Code within its jurisdiction.

33.27 	Sec. 14. Minnesota Statutes 2006, section 16B.73, is amended to read:
33.28 	16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 
33.29 	LOCAL OPTION.
33.30 	The governing body of a municipality whose population is less than 2,500 may 
33.31 	provide that the State Building Code, except the requirements for ~~disabled~~ persons  with 
33.32 	disabilities, the requirements for bleacher safety, and the requirements for elevator 
33.33 	safety, will not apply within the jurisdiction of the municipality, if the municipality is 
34.1 	located in whole or in part within a county exempted from its application under section 
34.2 	16B.72. If more than one municipality has jurisdiction over an area, the State Building 
34.3 	Code continues to apply unless all municipalities having jurisdiction over the area have 
34.4 	provided that the State Building Code, except the requirements for ~~disabled~~ persons with 
34.5 	disabilities, the requirements for bleacher safety, and the requirements for elevator safety, 
34.6 	does not apply within their respective jurisdictions. Nothing in this section precludes a 
34.7 	municipality or town from adopting and enforcing by ordinance or other legal means the 
34.8 	State Building Code within its jurisdiction. 

34.9 	Sec. 15. Minnesota Statutes 2006, section 16B.735, is amended to read:
34.10 	16B.735 ENFORCEMENT OF REQUIREMENTS FOR ~~DISABLED~~
34.11 	PERSONS  WITH DISABILITIES.
34.12 	A statutory or home rule charter city that is not covered by the State Building Code 
34.13 	because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in 
34.14 	the city of the State Building Code's requirements for ~~disabled~~ persons with disabilities. In 
34.15 	all other areas where the State Building Code does not apply because of action taken under 
34.16 	section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements. 

34.17 	Sec. 16. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
34.18 		Subdivision 1.Applicability. ~~As used in~~ For the purposes of sections 16B.61, 
34.19 	16B.72, 16B.73, and 16B.74 to ~~16B.746~~ 16B.748 the terms ~~"passenger or freight elevator,"~~ 
34.20 	~~"automatic operation" and "continuous pressure operation"~~ defined in this section shall 
34.21 	have the ~~following~~ meanings given them. 

34.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

34.23 	Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
34.24 		Subd. 2.Passenger or freight elevator. "Passenger or freight elevator" means 
34.25 	all elevators except those that comply with the safety rules of the department ~~of~~ 
34.26 	~~Administration~~ relating to construction and installation and that have automatic operation 
34.27 	or continuous pressure operation.

34.28 	Sec. 18. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 
34.29 	to read:
34.30 		Subd. 7.Elevator inspection. "Elevator inspection" means an examination of 
34.31 	elevator installations, repairs, alterations, removal, and construction for compliance with 
35.1 	the State Building Code that may include witnessing tests performed on elevators by 
35.2 	elevator personnel, performing tests on elevators, or an audit of records related to routine 
35.3 	and periodic maintenance and testing, or any combination thereof when performed by the 
35.4 	department or a municipality authorized to perform such inspections.

35.5 	EFFECTIVE DATE. This section is effective the day following final enactment.

35.6 	Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 
35.7 	to read:
35.8 		Subd. 8.Elevator inspector. "Elevator inspector" means an individual who meets 
35.9 	the requirements established pursuant to section 16B.748, clause (1), who is performing 
35.10 	elevator inspections for the department or a municipality authorized to perform such 
35.11 	inspections.

35.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

35.13 	Sec. 20. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 
35.14 	to read:
35.15 		Subd. 9.Limited elevator inspector. "Limited elevator inspector" means an 
35.16 	individual who performs annual elevator inspections for the department or a municipality 
35.17 	authorized to perform such inspections. Until rules are adopted pursuant to sections 
35.18 	16B.748, clause (2), and 326B.051, the commissioner shall approve limited elevator 
35.19 	inspector qualifications.

35.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

35.21 	Sec. 21. Minnesota Statutes 2006, section 16B.741, is amended to read:
35.22 	16B.741 ELEVATOR ~~AVAILABLE FOR~~ INSPECTION AND REPORTING.
35.23 		Subdivision 1.Elevator available for inspection. A person~~, firm, entity, or~~ 
35.24 	~~corporation~~ that owns or controls a building or other structure housing an elevator that is 
35.25 	subject to inspection by the department, shall, upon request, provide access at a reasonable 
35.26 	hour to the elevator for purposes of inspection.
35.27 		Subd. 2.Persons required to report. The following persons shall report the 
35.28 	information specified in subdivision 3 to the commissioner by January 1, 2008:
35.29 	(a) any person that, between August 1, 2005, and July 31, 2007, has provided 
35.30 	service, alteration, repair, or maintenance to any elevator located in Minnesota;
36.1 	(b) any person that, between August 1, 2005, and July 31, 2007, has entered into an 
36.2 	agreement to provide service, alteration, repair, or maintenance to any elevator located 
36.3 	in Minnesota;
36.4 	(c) any person that owns or controls an elevator located in Minnesota that, between 
36.5 	August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or 
36.6 	maintenance on the elevator; or
36.7 	(d) any person that owns or controls an elevator located in Minnesota that, between 
36.8 	August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service, 
36.9 	alteration, repair, or maintenance on the elevator.
36.10 		Subd. 3.Elevator location, type, and installation date. On a form prescribed by 
36.11 	the commissioner, the persons required to report pursuant to subdivision 2 shall provide 
36.12 	the following:
36.13 	(a) the location of each elevator;
36.14 	(b) the type of each elevator; and
36.15 	(c) the date the elevator was installed.
36.16 		Subd. 4.Definition. As used in this section, "elevator" is as defined in section 
36.17 	16B.74, subdivision 5.

36.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

36.19 	Sec. 22. Minnesota Statutes 2006, section 16B.744, is amended to read:
36.20 	16B.744 ELEVATORS, ENTRANCES SEALED.
36.21 	It shall be the duty of the department ~~of Administration~~ and the licensing authority 
36.22 	of any municipality which adopts any such ordinance whenever it finds any such elevator 
36.23 	under its jurisdiction in use in violation of any provision of sections  16B.74 to  16B.745 to 
36.24 	seal the entrances of such elevator and attach a notice forbidding the use of such elevator 
36.25 	until the provisions thereof are complied with. 

36.26 	Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:
36.27 		Subdivision 1.Removal of seal. No person, firm, or corporation may remove any 
36.28 	seal or notice forbidding the use of an elevator, except by authority of the department ~~of~~ 
36.29 	~~Administration~~ or the licensing authority having jurisdiction over the elevator, or operate 
36.30 	an elevator after a notice has been attached forbidding its use, unless the notice has been 
36.31 	removed by authority of the department ~~of Administration~~ or the licensing authority 
36.32 	having jurisdiction over the elevator.

37.1 	Sec. 24. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:
37.2 		Subd. 4.Penalties. The commissioner ~~of administration~~ shall administer sections  
37.3 	16B.74 to  16B.749. In addition to the remedies provided for violations of this chapter, 
37.4 	the commissioner may impose a penalty of up to ~~$1,000~~ $10,000 for a violation of any 
37.5 	provision of sections  16B.74 to  16B.749. 

37.6 	Sec. 25. Minnesota Statutes 2006, section 16B.747, is amended to read:
37.7 	16B.747 FEES FOR LICENSURE AND INSPECTION.
37.8 		Subdivision 1.Permits. No person, firm, or corporation may construct, install, alter, 
37.9 	or remove an elevator without first filing an application for a permit with the department 
37.10 	~~of Administration~~ or a municipality authorized by subdivision 3 to inspect elevators. 
37.11 	Upon successfully completing inspection and the payment of the appropriate fee, the 
37.12 	owner must be granted an operating permit for the elevator.
37.13 		Subd. 2.Contractor licenses. The commissioner may establish criteria for the 
37.14 	qualifications of elevator contractors and issue licenses based upon proof of the applicant's 
37.15 	qualifications.
37.16 		Subd. 3.Permissive municipal regulation. A municipality may conduct a system 
37.17 	of elevator inspection in conformity with this chapter, State Building Code requirements, 
37.18 	and adopted rules that includes the inspection of elevator installation, repair, alteration, 
37.19 	and removal, construction, and the routine and periodic inspection and testing of existing 
37.20 	elevators. The municipality shall employ inspectors meeting the minimum requirements 
37.21 	established by Minnesota Rules to perform the inspections and to witness the tests. A 
37.22 	municipality may establish and retain its own fees for inspection of elevators and related 
37.23 	devices in its jurisdiction. A municipality may not adopt standards that do not conform to 
37.24 	the uniform standards prescribed by the department.
37.25 	If the commissioner determines that a municipality is not properly administering 
37.26 	and enforcing the law, rules, and codes, the commissioner shall have the inspection, 
37.27 	administration, and enforcement undertaken by a qualified inspector employed by the 
37.28 	department.
37.29 		~~Subd. 4.Deposit of fees.~~ ~~Fees received under this section must be deposited in the~~ 
37.30 	~~state treasury and credited to the special revenue fund.~~

37.31 	EFFECTIVE DATE. This section is effective July 1, 2007.

37.32 	Sec. 26. Minnesota Statutes 2006, section 16B.748, is amended to read:
37.33 	16B.748 RULES.
38.1 	The commissioner may adopt rules for the following purposes:
38.2 	(1) to establish minimum qualifications for elevator inspectors that must include 
38.3 	possession of a current elevator constructor electrician's license issued by the ~~State Board~~ 
38.4 	~~of Electricity~~ department and proof of successful completion of the national elevator 
38.5 	industry education program examination or equivalent experience;
38.6 	(2) to establish minimum qualifications for limited elevator inspectors;
38.7 	~~(2)~~ (3) to establish criteria for the qualifications of elevator contractors;
38.8 	~~(3)~~ (4) to establish elevator standards under sections  16B.61, subdivisions 1 and 
38.9 	2, and  16B.64; 
38.10 	~~(4)~~ (5) to establish procedures for appeals of decisions of the commissioner under 
38.11 	chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek 
38.12 	advice from the elevator trade, building owners or managers, and others knowledgeable in 
38.13 	the installation, construction, and repair of elevators; and
38.14 	~~(5)~~ (6) to establish requirements for the registration of all elevators.

38.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

38.16 	Sec. 27. Minnesota Statutes 2006, section 16B.76, is amended to read:
38.17 	16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
38.18 		Subdivision 1.Membership. (a) The Construction Codes Advisory Council 
38.19 	consists of the following members:
38.20 	(1) the commissioner ~~of administration~~ or the commissioner's designee representing 
38.21 	the department's ~~Building Codes and Standards~~ Construction Codes and Licensing 
38.22 	Division;
38.23 	~~(2) the commissioner of health or the commissioner's designee representing an~~ 
38.24 	~~Environmental Health Section of the department;~~
38.25 	~~(3)~~ (2) the commissioner of public safety or the ~~commissioner's~~ commissioner of 
38.26 	public safety's designee representing the ~~department's~~Department of Public Safety's State 
38.27 	Fire Marshal Division;
38.28 	~~(4) the commissioner of commerce or the commissioner's designee representing~~ 
38.29 	~~the department's State Energy Office; and~~
38.30 	~~(5)~~ (3) one member, appointed by the commissioner, representing each of the 
38.31 	following occupations ~~or~~, entities, ~~appointed by the commissioner of administration~~ or 
38.32 	industries:
38.33 	(i) ~~a~~ certified building ~~official~~ officials;
38.34 	(ii) ~~a~~ fire ~~service representative~~ chiefs or fire marshals;
39.1 	(iii) ~~a~~ licensed ~~architect~~ architects;
39.2 	(iv) ~~a~~ licensed ~~engineer~~ professional engineers;
39.3 	(v) ~~a building owners and managers representative~~ commercial building owners 
39.4 	and managers;
39.5 	(vi) ~~a~~ the licensed residential building ~~contractor~~ industry;
39.6 	(vii) ~~a~~ the commercial building ~~contractor~~ industry;
39.7 	(viii) ~~a~~ the heating and ventilation ~~contractor~~ industry;
39.8 	(ix) ~~a~~ the plumbing ~~contractor~~ industry;
39.9 	(x) a ~~representative of a construction and building trades union; and~~ member of 
39.10 	the Electrical Advisory Council;
39.11 	(xi) ~~a local unit of government representative.~~ the high pressure piping  industry;
39.12 	(xii) the boiler industry;
39.13 	(xiii) the manufactured housing industry;
39.14 	(xiv) public utility suppliers;
39.15 	(xv) the Minnesota Building and Construction Trades Council; and
39.16 	(xvi) local units of government.
39.17 	(b) The commissioner or the commissioner's designee representing the department's 
39.18 	Construction Codes and Licensing Division shall serve as chair of the advisory council. 
39.19 	For members who are not state officials or employees, ~~terms~~, compensation~~,~~and removal~~,~~ 
39.20 	~~and the filling of vacancies~~ of members of the advisory council are governed by section  
39.21 	15.059. ~~The council shall select one of its members to serve as chair.~~  The terms of the 
39.22 	members of the advisory council shall be four years. The terms of eight of the appointed 
39.23 	members shall be coterminous with the governor and the terms of the remaining nine 
39.24 	appointed members shall end on the first Monday in January one year after the terms of 
39.25 	the other appointed members expire. An appointed member may be reappointed. Each 
39.26 	council member shall appoint an alternate to serve in their absence. The committee is not 
39.27 	subject to the expiration provision of section 15.059, subdivision 5.
39.28 	~~(c) The council expires June 30, 2003.~~
39.29 		Subd. 2.Duties of council. The council shall review laws, codes, rules, standards, 
39.30 	and licensing requirements relating to building construction and may:
39.31 	(1) recommend ways to eliminate inconsistencies, to streamline construction 
39.32 	regulation and construction ~~processes~~ procedures, and to improve procedures within 
39.33 	and among jurisdictions;
39.34 	(2) review and comment on current and proposed laws and rules to promote 
39.35 	coordination and consistency;
40.1 	(3) advise agencies on possible changes in rules to make them easier to understand 
40.2 	and apply; and
40.3 	(4) promote the coordination, within each jurisdiction, of the administration and 
40.4 	enforcement of construction codes.
40.5 	The council shall meet a minimum of two times each year. The council shall report 
40.6 	its findings and recommendations to the commissioner ~~of administration and the head of~~ 
40.7 	~~any other affected agency by the end of each calendar year~~. The council may recommend 
40.8 	changes in laws or rules governing building construction. The council may establish 
40.9 	subcommittees to facilitate its work. If the council establishes subcommittees, it shall 
40.10 	include in their memberships representation from entities and organizations expressing 
40.11 	an interest in membership. The commissioner ~~of administration~~ shall maintain a list of 
40.12 	interested entities and organizations.
40.13 		Subd. 3.Agency cooperation. State agencies and local governmental units shall 
40.14 	cooperate with the council and, so far as possible, provide information or assistance to 
40.15 	it upon its request. The commissioner ~~of administration~~ shall provide necessary staff 
40.16 	and administrative support to the council.

40.17 	Sec. 28. Minnesota Statutes 2006, section 326.992, is amended to read:
40.18 	326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
40.19 	(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, 
40.20 	fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for 
40.21 	all work entered into within the state. The bond must be for the benefit of persons suffering 
40.22 	financial loss by reason of the contractor's failure to comply with the requirements of the 
40.23 	State Mechanical Code. A bond given to the state must be filed with the commissioner 
40.24 	~~of administration~~ and is in lieu of all other bonds to any political subdivision required for 
40.25 	work covered by this section. The bond must be written by a corporate surety licensed to 
40.26 	do business in the state.
40.27 	(b) The commissioner ~~of administration~~ may charge each person giving bond under 
40.28 	this section an annual bond filing fee of $15. ~~The money must be deposited in a special~~ 
40.29 	~~revenue fund and is appropriated to the commissioner to cover the cost of administering~~ 
40.30 	~~the bond program.~~

40.31 	EFFECTIVE DATE. This section is effective July 1, 2007.

40.32 	Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:
41.1 		Subd. 2.Authorized representative. "Authorized representative" means any 
41.2 	person, firm or corporation, or employee thereof, approved or hired by the commissioner
41.3 	of labor and industry to perform inspection services.

41.4 	Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:
41.5 		Subd. 3.Manufactured Home Building Code. "Manufactured Home Building 
41.6 	Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June 
41.7 	15, 1976, the standards code promulgated by the American National Standards Institute 
41.8 	and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971, 
41.9 	or the provisions of the National Fire Protection Association and identified as NFPA 501B, 
41.10 	and further revisions adopted by the commissioner of labor and industry.
41.11 	"Manufactured Home Building Code" means, for manufactured homes constructed 
41.12 	after June 14, 1976, the manufactured home construction and safety standards promulgated 
41.13 	by the United States Department of Housing and Urban Development which are in effect 
41.14 	at the time of the manufactured home's manufacture.

41.15 	Sec. 31. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:
41.16 		Subd. 4.Commissioner. "Commissioner" means the commissioner of 
41.17 	~~administration~~ labor and industry.

41.18 	Sec. 32. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision 
41.19 	to read:
41.20 		Subd. 6a.Individual. "Individual" means a human being.

41.21 	Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:
41.22 		Subd. 7.Person. "Person" means ~~a person, partnership, corporation or other legal~~ 
41.23 	~~entity~~ any individual, limited liability company, corporation, partnership, incorporated 
41.24 	or unincorporated association, sole proprietorship, joint stock company, or any other 
41.25 	legal or commercial entity.

41.26 	Sec. 34. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:
41.27 		Subd. 15.Purchaser. "Purchaser" means the first ~~person~~ individual purchasing a 
41.28 	manufactured home in good faith for purposes other than resale.

41.29 	Sec. 35. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:
42.1 		Subd. 8.Evidence of compliance. Each manufacturer, distributor, and dealer 
42.2 	shall establish and maintain records, make reports, and provide information as the 
42.3 	commissioner or the secretary may reasonably require to be able to determine whether 
42.4 	the manufacturer, distributor, or dealer has acted or is acting in compliance with sections  
42.5 	327.31 to  327.35, and shall, upon request of a person duly designated by the commissioner 
42.6 	or the secretary, permit that person to inspect appropriate books, papers, records, and 
42.7 	documents relevant to determining whether that manufacturer, distributor, or dealer 
42.8 	has acted or is acting in compliance with sections  327.31 to  327.35, and the National 
42.9 	Manufactured Home Construction and Safety Standards Act of 1974, United States 
42.10 	Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing 
42.11 	Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement 
42.12 	Act of 2000, or other applicable federal or state law. 

42.13 	Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
42.14 		Subd. 2.Fees. The commissioner shall by rule establish reasonable fees for seals, 
42.15 	installation seals and inspections which are sufficient to cover all costs incurred in the 
42.16 	administration of sections  327.31 to  327.35. The commissioner shall also establish by 
42.17 	rule a monitoring inspection fee in an amount that will comply with the secretary's fee 
42.18 	distribution program. This monitoring inspection fee shall be an amount paid by the 
42.19 	manufacturer for each manufactured home produced in Minnesota. The monitoring 
42.20 	inspection fee shall be paid by the manufacturer to the secretary. The rules of the 
42.21 	fee distribution program require the secretary to distribute the fees collected from all 
42.22 	manufactured home manufacturers among states approved and conditionally approved 
42.23 	based on the number of new manufactured homes whose first location after leaving the 
42.24 	manufacturer is on the premises of a distributor, dealer or purchaser in that state. ~~All~~ 
42.25 	~~money collected by the commissioner through fees prescribed by sections  327.31 to~~ 
42.26 	~~327.36 shall be deposited in the state government special revenue fund and is appropriated~~ 
42.27 	~~to the commissioner for the purpose of administering and enforcing the Manufactured~~ 
42.28 	~~Home Building Code under sections  327.31 to  327.36.~~

42.29 	EFFECTIVE DATE. This section is effective July 1, 2007.

42.30 	Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
42.31 		Subd. 6.Authorization as agency. The commissioner shall apply to the secretary 
42.32 	for approval of the commissioner as the administrative agency for the regulation of 
42.33 	manufactured homes under the rules of the secretary. The commissioner may make 
42.34 	rules for the administration and enforcement of department responsibilities as a state 
43.1 	administrative agency including, but not limited to, rules for the handling of citizen's 
43.2 	complaints. All money received for services provided by the commissioner or the 
43.3 	department's authorized agents as a state administrative agency shall be deposited in 
43.4 	the ~~general~~ construction code fund. The commissioner is charged with the adoption, 
43.5 	administration, and enforcement of the Manufactured Home Construction and Safety 
43.6 	Standards, consistent with rules and regulations promulgated by the United States 
43.7 	Department of Housing and Urban Development. The commissioner may adopt the 
43.8 	rules, codes, and standards necessary to enforce the standards promulgated under this 
43.9 	section. The commissioner is authorized to conduct hearings and presentations of views 
43.10 	consistent with regulations adopted by the United States Department of Housing and 
43.11 	Urban Development and to adopt rules in order to carry out this function.

43.12 	EFFECTIVE DATE. This section is effective July 1, 2007.

43.13 	Sec. 38. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:
43.14 		Subd. 7.Employees. The commissioner may appoint such employees within 
43.15 	the Department of ~~Administration~~ Labor and Industry as deemed necessary for the 
43.16 	administration of sections  327.31 to  327.35. 

43.17 	Sec. 39. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:
43.18 		Subd. 3.Removal of seals. Manufactured home seals remain the property of 
43.19 	the Department of ~~Administration~~ Labor and Industry and may be removed by the 
43.20 	commissioner from any manufactured home which is in violation of the Manufactured 
43.21 	Home Building Code.

43.22 	Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:
43.23 		Subdivision 1.~~Civil~~Monetary penalty. Notwithstanding the penalty amount of 
43.24 	section 326B.082, subdivisions 7 and 12, any person who violates any provision of this 
43.25 	section is liable to the state of Minnesota for a ~~civil~~monetary penalty of not to exceed 
43.26 	$1,000 for each ~~offense~~ violation. Each violation involving a separate manufactured home 
43.27 	or involving a separate failure or refusal to allow or perform any act required by this 
43.28 	section constitutes a separate ~~offense~~ violation, except that the maximum ~~civil~~monetary 
43.29 	penalties for any related series of violations occurring within one year from the date of the 
43.30 	first violation may not exceed $1,000,000.

43.31 	Sec. 41. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:
44.1 		Subd. 2.Willful violations. Any individual or a director, officer, or agent of a 
44.2 	corporation who knowingly and willfully violates any provision of this section in a manner 
44.3 	which threatens the health or safety of any purchaser shall be ~~fined not more than $3,000~~ 
44.4 	~~or imprisoned not more than one year, or both~~ guilty of a gross misdemeanor.

44.5 	Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:
44.6 		Subd. 4.Commissioner. "Commissioner" means the commissioner of 
44.7 	~~administration~~ labor and industry.

44.8 	Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:
44.9 		Subd. 5.Consumer customer. "Consumer customer" means any ~~natural person~~
44.10 	individual who, primarily for personal, household or family purposes, buys, sells, or seeks 
44.11 	to buy or sell, a manufactured home from, to or through a dealer or manufacturer.

44.12 	Sec. 44. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:
44.13 		Subd. 7.Dealer or retailer. "Dealer" or "retailer" means any person who engages 
44.14 	in the business, either exclusively or in addition to any other occupation, of selling or 
44.15 	brokering manufactured homes, new or used, or who offers to sell, solicit, broker or 
44.16 	advertise the sale of manufactured homes, new or used.

44.17 	Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
44.18 	subdivision to read:
44.19 		Subd. 10a.Individual. "Individual" means a human being.

44.20 	Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
44.21 	subdivision to read:
44.22 		Subd. 11a.Licensee. "Licensee" means a person who is licensed as a dealer, limited 
44.23 	dealer, or manufacturer by the Department of Labor and Industry.

44.24 	Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
44.25 	subdivision to read:
44.26 		Subd. 11b.Limited dealer or limited retailer. "Limited dealer" or "limited 
44.27 	retailer" means any person who is an owner of a manufactured home park authorized, as 
44.28 	principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale 
44.29 	of used manufactured homes located in the owned manufactured home park, who is the 
44.30 	title holder and engages in no more than ten sales annually.

45.1 	Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
45.2 	subdivision to read:
45.3 		Subd. 14a.Manufacturing facility. "Manufacturing facility" means the physical 
45.4 	site where a manufacturer engages in the business of manufacture, assembly, or production 
45.5 	of manufactured homes.

45.6 	Sec. 49. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
45.7 	subdivision to read:
45.8 		Subd. 16a.Owner. "Owner" means any person holding title to a manufactured 
45.9 	home park or manufactured homes.

45.10 	Sec. 50. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:
45.11 		Subd. 17.Person. "Person" means any individual, limited liability company, 
45.12 	corporation, firm, partnership, incorporated and unincorporated association, sole 
45.13 	proprietorship, joint stock company, or any other legal or commercial entity.

45.14 	Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:
45.15 		Subdivision 1.License ~~and~~, bond, and liability insurance required. No person 
45.16 	shall act as a dealer in manufactured homes, new or used, without a license ~~and~~, a surety 
45.17 	bond, and liability insurance as provided in this section. No person shall manufacture 
45.18 	manufactured homes without a license ~~and~~ for each manufacturing facility shipping into or 
45.19 	located within Minnesota's boundaries, a surety bond, and liability insurance as provided 
45.20 	in this section. The licensing and bonding requirements of this section do not apply to 
45.21 	any bank, savings bank, savings association, or credit union, chartered by either this state 
45.22 	or the federal government, which acts as a dealer only by repossessing manufactured 
45.23 	homes and then offering the homes for resale.

45.24 	Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:
45.25 		Subd. 4.License prerequisites. No application shall be granted nor license issued 
45.26 	until the applicant proves to the commissioner that:
45.27 	(a) the applicant has a permanent, established place of business at each licensed 
45.28 	location. An "established place of business" means a permanent enclosed building other 
45.29 	than a residence, or a commercial office space, either owned by the applicant or leased by 
45.30 	the applicant for a term of at least one year, located in an area where zoning regulations 
45.31 	allow commercial activity, and where the books, records and files necessary to conduct 
45.32 	the business are kept and maintained. The owner of a licensed manufactured home park 
46.1 	who resides in or adjacent to the park may use the residence as the established place of 
46.2 	business required by this subdivision, unless prohibited by local zoning ordinance.
46.3 	If a license is granted, the licensee may use unimproved lots and premises for sale, 
46.4 	storage, and display of manufactured homes, if the licensee first notifies the commissioner 
46.5 	in writing;
46.6 	(b) if the applicant desires to sell, solicit or advertise the sale of new manufactured 
46.7 	homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor 
46.8 	of the new manufactured home it proposes to deal in;
46.9 	(c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the 
46.10 	agency and each subagency location that bears the applicant's name and the name under 
46.11 	which the applicant will be licensed and do business in this state. Each bond is for the 
46.12 	protection of consumer customers, and must be executed by the applicant as principal and 
46.13 	issued by a surety company admitted to do business in this state. ~~The~~ Each  bond shall be 
46.14 	exclusively for the purpose of reimbursing consumer customers and shall be conditioned 
46.15 	upon the faithful compliance by the applicant with all of the laws and rules of this state 
46.16 	pertaining to the applicant's business as a dealer or manufacturer, including sections  
46.17 	325D.44,  325F.67 and  325F.69, and upon the applicant's faithful performance of all its 
46.18 	legal obligations to consumer customers; and (2) a certificate of liability insurance in the 
46.19 	amount of $1,000,000 that provides coverage for the agency and each subagency location;
46.20 	(d) the applicant has established a trust account as required by section  327B.08, 
46.21 	subdivision 3, unless the applicant states in writing its intention to limit its business to 
46.22 	selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and 
46.23 	(e) the applicant has provided evidence of having had at least two years' prior 
46.24 	experience in the sale of manufactured homes, working for a licensed dealer.

46.25 	Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:
46.26 		Subd. 6.Certificate of license. For each license granted the commissioner shall 
46.27 	issue a certificate which includes the name of the licensee, the name of the surety company 
46.28 	and the amount of the surety bond, and the insurance underwriter and policy number, the 
46.29 	names and addresses of any related principal or subagencies, and a license number.

46.30 	Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
46.31 		Subd. 7.Fees; licenses; when granted. Each application for a license or license 
46.32 	renewal must be accompanied by a fee in an amount established by the commissioner 
46.33 	by rule pursuant to section  327B.10. The fees shall be set in an amount which over 
46.34 	the fiscal biennium will produce revenues approximately equal to the expenses which 
47.1 	the commissioner expects to incur during that fiscal biennium while administering and 
47.2 	enforcing sections  327B.01 to  327B.12. ~~All money collected by the commissioner~~ 
47.3 	~~through fees prescribed in sections  327B.01 to  327B.12 shall be deposited in the state~~ 
47.4 	~~government special revenue fund and is appropriated to the commissioner for purposes of~~ 
47.5 	~~administering and enforcing the provisions of this chapter.~~ The commissioner shall grant 
47.6 	or deny a license application or a renewal application within 60 days of its filing. If the 
47.7 	license is granted, the commissioner shall license the applicant as a dealer or manufacturer 
47.8 	for the remainder of the calendar year. Upon application by the licensee, the commissioner 
47.9 	shall renew the license for a two year period, if: 
47.10 	(a) the renewal application satisfies the requirements of subdivisions 3 and 4;
47.11 	(b) the renewal applicant has made all listings, registrations, notices and reports 
47.12 	required by the commissioner during the preceding year; and
47.13 	(c) the renewal applicant has paid all fees owed pursuant to sections  327B.01 to  
47.14 	327B.12 and all taxes, arrearages, and penalties owed to the state. 

47.15 	EFFECTIVE DATE. This section is effective July 1, 2007.

47.16 	Sec. 55. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:
47.17 		Subd. 8.Limited dealer's license. The commissioner shall issue a limited dealer's 
47.18 	license to an owner of a manufactured home park authorizing the licensee as principal 
47.19 	only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 
47.20 	manufactured homes located in the owned manufactured home park. The licensee must 
47.21 	be the title holder of the homes and may engage in no more than ten sales annually. An 
47.22 	owner may, upon payment of the applicable fee and compliance with this subdivision, 
47.23 	obtain a separate license for each owned manufactured home park and is entitled to sell up 
47.24 	to ten homes per license provided that only one limited dealer license may be issued for 
47.25 	each park. The license shall be issued after:
47.26 	(1) receipt of an application on forms provided by the commissioner containing 
47.27 	the following information:
47.28 	(i) the identity of the applicant;
47.29 	(ii) the name under which the applicant will be licensed and do business in this state;
47.30 	(iii) the name and address of the owned manufactured home park, including a copy 
47.31 	of the park license, serving as the basis for the issuance of the license; ~~and~~
47.32 	(iv) the name, home, and business address of the applicant;
47.33 	(v) the name, address, and telephone number of one individual that is designated 
47.34 	by the applicant to receive all communications and cooperate with all inspections and 
48.1 	investigations of the commissioner pertaining to the sale of manufactured homes in the 
48.2 	manufactured home park owned by the applicant;
48.3 	(vi) whether the applicant or its designated individual has been convicted of a crime 
48.4 	within the previous ten years that is either related directly to the business for which the 
48.5 	license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a 
48.6 	judgment in a civil action involving fraud, misrepresentation, or conversion within the 
48.7 	previous five years or has had any government license or permit suspended or revoked 
48.8 	as a result of an action brought by a federal or state governmental agency in this or any 
48.9 	other state within the last five years; and
48.10 	(vii) the applicant's qualifications and business history, including whether the 
48.11 	applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has 
48.12 	any unsatisfied court judgments outstanding against it or them;
48.13 	(2) payment of a $100 annual fee; and
48.14 	(3) provision of a surety bond in the amount of $5,000. A separate surety bond 
48.15 	must be provided for each limited license.
48.16 	The applicant need not comply with section  327B.04, subdivision 4, paragraph (e). 
48.17 	The holding of a limited dealer's license does not satisfy the requirement contained in 
48.18 	section  327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 
48.19 	to obtaining a dealer license. The commissioner may, upon application for a renewal of 
48.20 	a license, require only a verification that copies of sales documents have been retained 
48.21 	and payment of a $100 renewal fee. "Sales documents" mean only the safety feature 
48.22 	disclosure form defined in section  327C.07, subdivision 3a, title of the home, financing 
48.23 	agreements, and purchase agreements. 
48.24 	The license holder shall, upon request of the commissioner, make available for 
48.25 	inspection during business hours sales documents required to be retained under this 
48.26 	subdivision.

48.27 	Sec. 56. Minnesota Statutes 2006, section 327B.04, is amended by adding a 
48.28 	subdivision to read:
48.29 		Subd. 8a.Service. Service of a document on a limited dealer licensed under this 
48.30 	section may be effected by mail to or by personal service on: (1) the licensee at the 
48.31 	licensee's last known address; or (2) the individual designated by the licensee at that 
48.32 	individual's last known address.

48.33 	Sec. 57. [327B.042] NOTICE TO COMMISSIONER.
49.1 		Subdivision 1.Notification. A person licensed as a dealer, limited dealer, or 
49.2 	manufacturer shall notify the commissioner of the occurrence of any of the events in 
49.3 	subdivisions 2 to 5.
49.4 		Subd. 2.Change in application information. A licensee shall notify the 
49.5 	commissioner in writing within ten days of the change of any change in information 
49.6 	contained in the most recent license application on file with the commissioner, which 
49.7 	shall include any change in the information pertaining to the individual designated under 
49.8 	section 327B.04, subdivision 8, clause (1), item (vi).
49.9 		Subd. 3.Civil judgment. A licensee shall notify the commissioner in writing 
49.10 	within ten days of any decision of a court regarding a proceeding in which the licensee 
49.11 	was named as a defendant, and in which fraud, misrepresentation, or the conversion of 
49.12 	funds was found to have been committed by the licensee.
49.13 		Subd. 4.Disciplinary action in another state. A licensee shall notify the 
49.14 	commissioner in writing within ten days of the condition, reprimand, censure, limitation, 
49.15 	suspension, or revocation of any other professional or occupational license, registration, 
49.16 	permit, or certificate held by the licensee in this or any other state, or any other United 
49.17 	States jurisdiction.
49.18 		Subd. 5.Criminal offense. A licensee shall notify the commissioner in 
49.19 	writing within ten days if the licensee is found guilty of a felony, gross misdemeanor, 
49.20 	misdemeanor, or any comparable offense related to manufactured home sales, improper 
49.21 	business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer 
49.22 	laws in this or any other state, or any other United States jurisdiction.

49.23 	Sec. 58. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:
49.24 		Subdivision 1.Grounds. In addition to the grounds in section 326B.082, 
49.25 	subdivision 11, the commissioner may by order deny, suspend, limit, place conditions 
49.26 	on, or revoke ~~any~~ the application or license ~~on finding (1) that the order is in the public~~ 
49.27 	~~interest and (2) that the~~ of any applicant or licensee or any of its directors, officers, limited 
49.28 	or general partners, controlling shareholders, or affiliates for any of the following grounds:
49.29 	~~(a) has filed an application for a license or a license renewal which fails to disclose~~ 
49.30 	~~any material information or contains any statement which is false or misleading with~~ 
49.31 	~~respect to any material fact;~~
49.32 	~~(b)~~ (a) has violated any of the provisions of sections  327B.01 to  327B.12 or any 
49.33 	rule or order issued by the commissioner or any prior law providing for the licensing of 
49.34 	manufactured home dealers or manufacturers; 
50.1 	~~(c)~~ (b) has had a previous manufacturer or dealer license revoked in this or any 
50.2 	other state;
50.3 	~~(d)~~ (c) has engaged in acts or omissions which have been adjudicated or amount to a 
50.4 	violation of any of the provisions of section  325D.44,  325F.67 or  325F.69; 
50.5 	~~(e)~~ (d) has sold or brokered the sale of a home containing a material violation of 
50.6 	sections  327.31 to  327.35 about which the dealer knew or which should have been obvious 
50.7 	to a reasonably prudent dealer; 
50.8 	~~(f)~~ (e) has failed to make or provide all listings, notices and reports required by 
50.9 	the commissioner;
50.10 	~~(g)~~ (f) has failed to pay a civil penalty assessed under subdivision 5 within ten 
50.11 	days after the assessment becomes final;
50.12 	~~(h)~~ (g) has failed to pay to the commissioner or other responsible government agency 
50.13 	all taxes, fees and arrearages due;
50.14 	~~(i)~~ (h) has failed to duly apply for license renewal;
50.15 	~~(j)~~ (i) has violated any applicable manufactured home building or safety code;
50.16 	~~(k)~~ (j) has failed or refused to honor any express or implied warranty as provided 
50.17 	in section  327B.03; 
50.18 	~~(l)~~ (k) has failed to continuously occupy a permanent, established place of business 
50.19 	licensed under section  327B.04; 
50.20 	~~(m)~~ (l) has, without first notifying the commissioner, sold a new and unused 
50.21 	manufactured home other than the make of manufactured home described in a franchise or 
50.22 	contract filed with the application for license or license renewal;
50.23 	~~(n)~~ (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;
50.24 	~~(o)~~ (n) is insolvent or bankrupt;
50.25 	~~(p)~~ (o) holds an impaired or canceled bond;
50.26 	~~(q)~~ (p) has failed to notify the commissioner of bankruptcy proceedings within ten 
50.27 	days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
50.28 	~~(r)~~ (q) has, within the previous ten years, been convicted of a crime that either related 
50.29 	directly to the business of the dealer or manufacturer or involved fraud, misrepresentation 
50.30 	or misuse of funds;
50.31 	~~(s)~~ (r) has suffered a judgment within the previous five years in a civil action 
50.32 	involving fraud, misrepresentation or misuse of funds; or
50.33 	~~(t)~~ (s) has failed to reasonably supervise any employee or agent of the dealer or 
50.34 	manufacturer, resulting in injury or harm to the public.
51.1 	The commissioner may establish rules pursuant to section  327B.10 further 
51.2 	specifying, defining or establishing standards of conduct for manufactured home dealers 
51.3 	and manufacturers. 

51.4 	Sec. 59. Minnesota Statutes 2006, section 327B.10, is amended to read:
51.5 	327B.10 RULEMAKING AUTHORITY.
51.6 	The commissioner may promulgate rules and issue orders reasonably necessary 
51.7 	to implement and administer the provisions of sections 327B.01 to 327B.12. The 
51.8 	commissioner shall adopt rules establishing and approving education programs for 
51.9 	manufactured home installers. Each manufactured home installer must satisfactorily 
51.10 	complete the continuing education requirements established by the commissioner in rule.

51.11 	Sec. 60. REVISOR'S INSTRUCTION.
 51.12 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
51.13 	column A with the number listed in column B. The revisor shall also make necessary 
51.14 	cross-reference changes consistent with the renumbering.

51.15 | | Column A | Column B
51.16 | | 16B.59 | 326B.101
51.17 | | 16B.60, subd. 1 | 326B.103, subd. 1
51.18 | | 16B.60, subd. 2 | 326B.103, subd. 4
51.19 | | 16B.60, subd. 3 | 326B.103, subd. 9
51.20 | | 16B.60, subd. 4 | 326B.103, subd. 5
51.21 | | 16B.60, subd. 5 | 326B.103, subd. 3
51.22 | | 16B.60, subd. 6 | 326B.103, subd. 11
51.23 | | 16B.60, subd. 7 | 326B.103, subd. 10
51.24 | | 16B.60, subd. 8 | 326B.103, subd. 12
51.25 | | 16B.60, subd. 9 | 326B.103, subd. 8
51.26 | | 16B.60, subd. 10 | 326B.103, subd. 7
51.27 | | 16B.60, subd. 11 | 326B.103, subd. 13
51.28 | | 16B.60, subd. 12 | 326B.103, subd. 6
51.29 | | 16B.60, subd. 13 | 326B.103, subd. 2
51.30 | | 16B.61 | 326B.106
51.31 | | 16B.615 | 326B.109
51.32 | | 16B.616 | 326B.112
51.33 | | 16B.617 | 326B.115
51.34 | | 16B.6175 | 326B.118
51.35 | | 16B.62 | 326B.121
51.36 | | 16B.625 | 326B.124
51.37 | | 16B.63 | 326B.127
52.1 | | 16B.64 | 326B.13
52.2 | | 16B.65 | 326B.133
52.3 | | 16B.66 | 326B.136
52.4 | | 16B.67 | 326B.139
52.5 | | 16B.68 | 326B.142
52.6 | | 16B.685 | 326B.145
52.7 | | 16B.70 | 326B.148
52.8 | | 16B.71 | 326B.151
52.9 | | 16B.72 | 326B.154
52.10 | | 16B.73 | 326B.157
52.11 | | 16B.735 | 326B.16
52.12 | | 16B.74 | 326B.163
52.13 | | 16B.741 | 326B.166
52.14 | | 16B.742 | 326B.169
52.15 | | 16B.743 | 326B.172
52.16 | | 16B.744 | 326B.175
52.17 | | 16B.745 | 326B.178
52.18 | | 16B.746 | 326B.181
52.19 | | 16B.747 | 326B.184
52.20 | | 16B.748 | 326B.187
52.21 | | 16B.749 | 326B.191
52.22 | | 16B.75 | 326B.194
52.23 | | 16B.76 | 326B.07
52.24 | | 326.992 | 326B.197

52.25 	ARTICLE 5
52.26 	ELECTRICAL

52.27 	Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:
52.28 		Subd. 2.Class A master electrician. ~~The term~~ "Class A master electrician" 
52.29 	means ~~a person~~ an individual having the necessary qualifications, training, experience, 
52.30 	and technical knowledge to ~~install, alter, repair, plan, lay out, and supervise the installing,~~ 
52.31 	~~altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power,~~ 
52.32 	~~and other purposes~~ perform and supervise any electrical work, and who is licensed as ~~such~~
52.33 	a Class A master electrician by the ~~Board of Electricity~~ commissioner.

52.34 	Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:
52.35 		Subd. 3.Class A journeyman electrician. ~~The term~~ "Class A journeyman 
52.36 	electrician" means ~~a person~~ an individual having the necessary qualifications, training, 
52.37 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
52.38 	altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power, 
53.1 	and other purposes, and who is licensed as ~~such~~ a Class A journeyman electrician by the 
53.2 	~~Board of Electricity~~ commissioner.

53.3 	Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 4, is amended to read:
53.4 		Subd. 4.Special electrician. ~~The term~~ "Special electrician" means ~~a person having~~ 
53.5 	~~the necessary qualifications, training, experience, and technical knowledge to install, alter,~~ 
53.6 	~~repair, and supervise the installing, altering, or repairing of special classes of electrical~~ 
53.7 	~~wiring, apparatus, or equipment for light, heat, power, and other purposes or for special~~ 
53.8 	~~classes of electrical work who is~~ an individual licensed ~~as such~~ by the ~~Board of Electricity.~~ 
53.9 	~~The scope of any special electrician license created by the board under section  326.242,~~ 
53.10 	~~subdivision 4, shall be limited to that provided for by the rules adopted by the board.~~
53.11 	commissioner as an elevator constructor, lineman, maintenance electrician, or master 
53.12 	elevator constructor.

53.13 	Sec. 4. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:
53.14 		Subd. 5.Contractor. ~~The term~~ "Contractor" means a person~~, partnership, or~~ 
53.15 	~~corporation operating a business that undertakes~~ who performs or offers to ~~undertake to~~ 
53.16 	~~plan for, lay out, or install or to make additions, alterations, or repairs in the installation~~ 
53.17 	~~of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes~~
53.18 	perform any electrical work, with or without compensation, who is licensed as ~~such~~ a 
53.19 	contractor by the ~~Board of Electricity~~ commissioner. ~~A contractor's license does not of~~ 
53.20 	~~itself qualify its holder to perform or supervise the electrical work authorized by holding~~ 
53.21 	~~any class of electrician's or other personal electrical license.~~ Contractor includes electrical 
53.22 	contractors and technology system contractors.

53.23 	Sec. 5. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:
53.24 		Subd. 6.Class B master electrician. ~~The term~~ "Class B master electrician" 
53.25 	means ~~a person~~ an individual having the necessary qualifications, training, experience, 
53.26 	and technical knowledge to ~~install, alter, repair, plan, lay out,~~ perform and supervise 
53.27 	~~the installing, altering, and repairing of electrical wiring, apparatus, and equipment~~ any 
53.28 	electrical work for single phase systems of not over 200 ampere capacity for light, heat, 
53.29 	power, and other purposes on any farm or in any single family dwelling located in any 
53.30 	town or municipality which has a population of less than ~~2500~~ 2,500 inhabitants, and who 
53.31 	is licensed as ~~such~~ a Class B master electrician by the ~~Board of Electricity~~ commissioner.

53.32 	Sec. 6. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:
54.1 		Subd. 6a.Class B journeyman electrician. ~~The term~~ "Class B journeyman 
54.2 	electrician" means ~~a person~~ an individual having the necessary qualifications, training, 
54.3 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
54.4 	altering, or repairing of electrical wiring, apparatus, and equipment for single phase 
54.5 	systems of not more than 200 ampere capacity for light, heat, power, and other purposes 
54.6 	on any farm or in any single family dwelling located in any town or municipality which 
54.7 	has a population of less than ~~2500~~ 2,500 inhabitants, and who is licensed as ~~such~~ a Class B 
54.8 	journeyman electrician by the ~~Board of Electricity~~ commissioner.

54.9 	Sec. 7. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:
54.10 		Subd. 6b.Class A installer. ~~The term~~ "Class A installer" means ~~a person~~ an 
54.11 	individual who has the necessary qualifications, training, experience, and technical 
54.12 	knowledge to properly lay out and install electrical wiring, apparatus, and equipment for 
54.13 	major electrical home appliances and such other electrical equipment as is determined by 
54.14 	the ~~state Board of Electricity~~ commissioner pursuant to section  326.242, subdivision 3, 
54.15 	on the load side of the main service on farmsteads or in any town or municipality with 
54.16 	less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not 
54.17 	contain an established business of a master electrician, and who is licensed as ~~such~~ a Class 
54.18 	A installer by the ~~state Board of Electricity~~ commissioner. 

54.19 	Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:
54.20 		Subd. 6c.Class B installer. ~~The term~~ "Class B installer" means ~~a person~~ an 
54.21 	individual who has the necessary qualifications, training, experience, and technical 
54.22 	knowledge to properly lay out and install electrical wiring, apparatus, and equipment 
54.23 	on center pivot irrigation booms on the load side of the main service on farmsteads, 
54.24 	and install other electrical equipment determined by the ~~state Board of Electricity.~~
54.25 	commissioner, and who is licensed as a Class B installer ~~must be licensed~~ by the ~~Board of~~ 
54.26 	~~Electricity~~ commissioner.

54.27 	Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:
54.28 		Subd. 6e.Owner. An owner is ~~a natural person~~ an individual who physically 
54.29 	performs electrical work on premises the ~~person~~ individual owns and actually occupies as 
54.30 	a residence or owns and will occupy as a residence upon completion of its construction.

54.31 	Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:
55.1 		Subd. 6f.Electrical work. ~~The term~~ "Electrical work" means the installing, 
55.2 	altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment 
55.3 	for electrical light, heat, power, technology circuits or systems, or other purposes. The 
55.4 	installing, ~~alteration~~ altering, repairing, planning, or laying out of electrical wiring, 
55.5 	apparatus, or equipment for electrical light, heat, power, technology circuits or systems,
55.6 	or other purposes includes, but is not limited to, the performance of any work ~~governed~~
55.7 	regulated by the standards referred to in section  326.243. 

55.8 	Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
55.9 		Subd. 6g.~~Personal~~ Direct supervision. ~~The term "personal~~ "Direct supervision" 
55.10 	means ~~that a person licensed to perform electrical work oversees and directs the electrical~~ 
55.11 	~~work performed by an unlicensed person such that~~:
55.12 	(1) ~~the licensed person actually reviews the electrical work performed by the~~ 
55.13 	~~unlicensed person~~ an unlicensed individual is being supervised by an individual licensed 
55.14 	to perform the electrical work being supervised;
55.15 	(2) during the entire working day of the unlicensed individual, the licensed individual 
55.16 	is present at the location where the unlicensed individual is performing electrical work;
55.17 	(3) the licensed ~~person~~ individual is immediately available to the unlicensed ~~person~~
55.18 	individual at all times for assistance and direction;
55.19 	(4) the licensed individual actually reviews the electrical work performed by the 
55.20 	unlicensed individual before the electrical work is operated; and
55.21 	~~(3)~~ (5) the licensed ~~person~~ individual is able to and does determine that all electrical 
55.22 	work performed by the unlicensed ~~person~~ individual is performed in compliance with 
55.23 	section  326.243. 
55.24 	~~The licensed person is responsible for the compliance with section  326.243 of all~~ 
55.25 	~~electrical work performed by the unlicensed person.~~ 

55.26 	Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:
55.27 		Subd. 6j.Residential dwelling. A "residential dwelling" is ~~an individual dwelling~~ 
55.28 	~~of~~ a single dwelling unit that is contained in a one-family, two-family, or multifamily 
55.29 	dwelling as defined in the National Electrical Code pursuant to section  326.243~~, including~~ 
55.30 	~~its garage or accessory building~~. A residential dwelling includes a garage and accessory 
55.31 	building that can only be used by the residents of the single dwelling unit.

55.32 	Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:
56.1 		Subd. 6k.Power limited technician. ~~The term~~ "Power limited technician" means 
56.2 	~~a person~~ an individual having the necessary qualifications, training, experience, and 
56.3 	technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 
56.4 	altering, and repairing of electrical wiring, apparatus, and equipment for technology 
56.5 	circuits or systems, and who is licensed as ~~such~~ a power limited technician by the ~~Board of~~ 
56.6 	~~Electricity~~ commissioner.

56.7 	Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:
56.8 		Subd. 6l.Technology circuits or systems. "Technology circuits or systems" means 
56.9 	class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling, 
56.10 	control, alarm, and audio signal, including associated components as covered by the 
56.11 	National Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are 
56.12 	isolated from circuits or systems other than class 2 or class 3 by a demarcation and are 
56.13 	not process control circuits or systems; antenna and communication circuits or systems 
56.14 	as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for 
56.15 	indoor lighting and outdoor landscape lighting systems that are supplied by the secondary 
56.16 	circuit of an isolating power supply operating at 30 volts or less as covered by the National 
56.17 	Electrical Code, article 411. The planning, laying out, installing, altering, and repairing 
56.18 	of technology circuits or systems must be performed in accordance with the applicable 
56.19 	requirements of the National Electrical Code pursuant to section 326.243. 

56.20 	Sec. 15. Minnesota Statutes 2006, section 326.241, is amended to read:
56.21 	326.241 ~~BOARD OF ELECTRICITY~~ ELECTRICAL ADVISORY COUNCIL.
56.22 		Subdivision 1.Composition. The ~~Board of Electricity~~ Electrical Advisory Council 
56.23 	shall be advisory to the commissioner and shall consist of 11 members~~,~~ who are residents 
56.24 	of the state~~,~~ and appointed by the ~~governor of whom~~ commissioner. Two members shall 
56.25 	be representatives of the electrical suppliers in the rural areas of the state~~,~~; two shall be 
56.26 	master electricians, who shall be contractors~~,~~; two shall be journeyman electricians~~,~~; one 
56.27 	~~registered consulting~~ shall be a licensed electrical engineer~~,~~; two shall be power limited 
56.28 	technicians, who shall be ~~technology system~~ contractors primarily engaged in the business 
56.29 	of installing technology circuits or systems~~, and two~~; one shall be a public ~~members~~
56.30 	member as defined by section  214.02; and one shall be a department employee designated 
56.31 	by the commissioner. The commissioner may also appoint one or more alternates for 
56.32 	each member of the advisory council. ~~Membership terms, compensation of members,~~ 
56.33 	~~removal of members, the filling of membership vacancies, and fiscal year and reporting~~ 
56.34 	~~requirements shall be as provided in sections  214.07 to  214.09. The provision of staff,~~ 
57.1 	~~administrative services and office space; the review and processing of complaints; the~~ 
57.2 	~~setting of board fees; and other provisions relating to board operations shall be as provided~~ 
57.3 	~~in chapter 214.~~
57.4 		Subd. 1a.Organization. (a) The advisory council shall be organized and 
57.5 	administered according to section 15.059, except that, notwithstanding any other law to 
57.6 	the contrary, the advisory council shall not expire. Upon the commissioner's request, the 
57.7 	advisory council shall form a complaint committee, a technical committee, a technical 
57.8 	program committee, and any other committee that the commissioner directs. Each 
57.9 	committee shall render advice to the commissioner without referring matters to the full 
57.10 	advisory council, unless the committee determines that referral of a technical matter 
57.11 	to the full advisory council is appropriate.
57.12 	(b) The complaint committee shall consist of three members of the advisory council 
57.13 	who are not department employees, plus one department employee designated by the 
57.14 	commissioner. The department employee shall be a nonvoting member of the committee 
57.15 	regardless of whether that employee is a member of the advisory council. The complaint 
57.16 	committee shall, upon the commissioner's request, advise the commissioner regarding the 
57.17 	disposition of complaints filed with or information received by the commissioner alleging 
57.18 	or indicating violations of sections 326B.32 to 326B.399.
57.19 	(c) The technical committee shall consist of one department employee designated 
57.20 	by the commissioner and at least one member but no more than three members of the 
57.21 	advisory council. The technical committee shall, upon the commissioner's request, advise 
57.22 	the commissioner regarding technical electrical code issues and proposed licensing 
57.23 	examinations. 
57.24 	(d) The technical program committee shall consist of two department employees 
57.25 	designated by the commissioner and at least one member but no more than three members 
57.26 	of the advisory council. The technical program committee shall, upon the commissioner's 
57.27 	request, advise the commissioner regarding experience credits for technical programs.
57.28 		Subd. 2.~~Powers~~ Duties. The ~~board, or the complaint committee on behalf of the~~ 
57.29 	~~board where authorized by law,~~ advisory council shall ~~have power to~~ meet at least four 
57.30 	times per year and shall:
57.31 	(1) elect its own officers~~.~~, who shall select advisory council members to serve on the 
57.32 	complaint committee, the technical committee, the technical program committee, and any 
57.33 	other committee directed by the commissioner;
57.34 	(2) ~~Engage and fix the compensation of inspectors, and hire employees. The salary~~ 
57.35 	~~of the executive secretary shall be established pursuant to chapter 43A. All agents and~~ 
57.36 	~~employees other than contract inspectors shall be in the classified service and shall be~~ 
58.1 	~~compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or~~ 
58.2 	~~journeyman electricians under section  326.242, subdivision 1(1) or 2(1), and shall give~~ 
58.3 	~~bond in an amount fixed by the board, conditioned upon the faithful performance of their~~ 
58.4 	~~duties.~~ select an advisory council member to serve on the Construction Codes Advisory 
58.5 	Council established in section 326B.07; 
58.6 	(3) ~~Pay such other expenses as it may deem necessary in the performance of its~~ 
58.7 	~~duties, including rent, supplies, and such like.~~ at the request of the commissioner, advise 
58.8 	the commissioner on issues related to the electrical industry; and
58.9 	(4) ~~Enforce the provisions of sections  326.241 to  326.248, and provide, upon~~ 
58.10 	~~request, such additional voluntary inspections and reviews as it may deem appropriate~~
58.11 	at the request of an advisory council committee, provide advice to that committee or 
58.12 	to the commissioner on technical issues. 
58.13 	~~(5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,~~ 
58.14 	~~censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive~~ 
58.15 	~~relief and civil penalties in court as authorized by section  326.242 and other provisions~~ 
58.16 	~~of Minnesota law.~~ 
58.17 	~~(6) Adopt reasonable rules to carry out its duties under sections  326.241 to  326.248~~
58.18 	~~and to provide for the amount and collection of fees for inspection and other services. All~~ 
58.19 	~~rules shall be adopted in accordance with chapter 14.~~ 
58.20 		~~Subd. 3.Fees and finances; disposition.~~ ~~All fees collected under the provisions of~~ 
58.21 	~~sections  326.241 to  326.248 are to be credited to a special account in the state treasury.~~ 
58.22 	~~Money in the account is appropriated to the Board of Electricity to administer and enforce~~ 
58.23 	~~sections  326.241 to  326.248, to pay indirect costs, to compensate contract electrical~~ 
58.24 	~~inspectors for inspections performed, and to make refunds.~~ 

58.25 	EFFECTIVE DATE. The repeal of subdivision 3 is effective July 1, 2007.

58.26 	Sec. 16. Minnesota Statutes 2006, section 326.242, is amended to read:
58.27 	326.242 LICENSES.
58.28 		Subdivision 1.Master electrician. Except as otherwise provided by law, no ~~person~~
58.29 	individual shall ~~install, alter, repair, plan, lay out, or supervise the installing, altering, or~~ 
58.30 	~~repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other~~ 
58.31 	~~purposes~~ perform or supervise electrical work unless the ~~person~~ individual is: (a) licensed 
58.32 	by the ~~board~~ commissioner as a master electrician; and (b)(i) the electrical work is for a 
58.33 	licensed contractor and the ~~person~~ individual is an employee, partner, or officer of, or is 
58.34 	the licensed contractor, or (ii) the electrical work is performed for the ~~person's~~ individual's
59.1 	employer on ~~electric~~ electrical wiring, apparatus, equipment, or facilities that are owned 
59.2 	or leased by the employer ~~which is~~ and that are located within the limits of property 
59.3 	~~which is~~ operated, maintained, and either owned or leased ~~and operated and maintained~~ by 
59.4 	the employer.
59.5 	(1) An applicant for a Class A master ~~electrician's~~ electrician license shall (a) 
59.6 	be a graduate of a four-year electrical course ~~in~~ offered by an accredited college or 
59.7 	university; or (b) shall have had at least one ~~year's~~ year of experience, acceptable to the 
59.8 	~~board~~ commissioner, as a licensed journeyman; or (c) shall have had at least five years' 
59.9 	experience, acceptable to the ~~board~~ commissioner, in planning for, laying out, supervising 
59.10 	and installing wiring, apparatus, or equipment for electrical light, heat and power.
59.11 	(2) As of August 1, 1985, no new Class B master ~~electrician's~~ electrician licenses 
59.12 	shall be issued. An individual who has a Class B master ~~electrician's~~ electrician license as 
59.13 	of August 1, 1985, may retain and renew the license and exercise the privileges it grants, 
59.14 	which include electrical work limited to single phase systems, not over 200 amperes in 
59.15 	capacity, on farmsteads or single-family dwellings located in towns or municipalities 
59.16 	with fewer than 2,500 inhabitants.
59.17 		Subd. 2.Journeyman electrician. (a) Except as otherwise provided by law, 
59.18 	no ~~person~~ individual shall install, alter, repair, or supervise the installing, altering, or 
59.19 	repairing of electrical wiring, apparatus, or equipment for electrical light, heat, power, 
59.20 	or other purposes unless:
59.21 	(1) the ~~person~~ individual is licensed by the ~~board~~ commissioner as a journeyman 
59.22 	electrician; and
59.23 	(2) the electrical work is:
59.24 	(i) for a contractor and the ~~person~~ individual is an employee, partner, or officer of 
59.25 	the licensed contractor; or
59.26 	(ii) performed under the supervision of a master electrician also employed by the 
59.27 	~~person's~~ individual's employer on electrical wiring, apparatus, equipment, or facilities
59.28 	that are owned or leased by the employer and that ~~is~~ are located within the limits of 
59.29 	property operated, maintained, and either owned or leased~~, operated, and maintained~~ by 
59.30 	the employer.
59.31 	(b) An applicant for a Class A journeyman ~~electrician's~~ electrician license shall have 
59.32 	had at least four years of experience, acceptable to the ~~board~~ commissioner, in wiring for, 
59.33 	installing, and repairing electrical wiring, apparatus, or equipment, provided however, 
59.34 	that the ~~board~~ commissioner may by rule ~~provide for the allowance of~~ allow one year of 
59.35 	experience credit for the successful completion of a two-year post high school electrical 
59.36 	course approved by the ~~board~~ commissioner.
60.1 	(c) As of August 1, 1985, no new Class B journeyman ~~electrician's~~ electrician
60.2 	licenses shall be issued. An individual who holds a Class B journeyman ~~electrician's~~
60.3 	electrician license as of August 1, 1985, may retain and renew the license and exercise the 
60.4 	privileges it grants, which include electrical work limited to single phase systems, not over 
60.5 	200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or 
60.6 	municipalities with fewer than 2,500 inhabitants.
60.7 		Subd. 3.Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and 
60.8 	6, any ~~person~~ individual holding a Class A installer license may lay out and install and 
60.9 	supervise the laying out and installing of electrical wiring, apparatus, or equipment for 
60.10 	major electrical home appliances on the load side of the main service on farmsteads and in 
60.11 	any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to 
60.12 	a city of the first class and does not contain an established business of a contractor. As 
60.13 	of December 1, 2007, no new Class A installer licenses shall be issued. An individual 
60.14 	who holds a Class A installer license as of December 1, 2007, may retain and renew the 
60.15 	license and exercise the privileges it grants.
60.16 		Subd. 3a.Class B installer. Notwithstanding the provisions of subdivisions 1, 2 
60.17 	and 6, any ~~person~~ individual holding a Class B installer license may lay out and install 
60.18 	electrical wiring, apparatus and equipment on center pivot irrigation booms on the load 
60.19 	side of the main service on farmsteads, and install such other electrical equipment as is 
60.20 	~~determined~~ approved by the ~~board~~ commissioner.
60.21 		Subd. 3b.Coursework or experience. An applicant for a Class A or B installer 
60.22 	license shall have completed a post high school course in electricity ~~acceptable to~~
60.23 	approved by the ~~board~~ commissioner or shall have had at least one ~~year's~~ year of
60.24 	experience, ~~acceptable to~~ approved by the ~~board~~ commissioner, in electrical wiring.
60.25 		Subd. 3c.Bond. Every Class A and Class B installer, as a condition of licensure, 
60.26 	shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful 
60.27 	performance of all work contracted for or entered upon by the installer within the state of 
60.28 	Minnesota, and such bond shall be for the benefit of persons injured or suffering financial 
60.29 	loss by reason of failure of such performance. Such bond shall be in lieu of all other 
60.30 	license bonds to any political subdivision of the state. Such bond shall be written by a 
60.31 	corporate surety licensed to do business in the state of Minnesota.
60.32 		Subd. 3d.Power limited technician. (a) Except as otherwise provided by law, 
60.33 	no ~~person~~ individual shall install, alter, repair, plan, lay out, or supervise the installing, 
60.34 	altering, ~~or~~ repairing, planning, or laying out of electrical wiring, apparatus, or equipment 
60.35 	for technology circuits or systems unless:
61.1 	(1) the ~~person~~ individual is licensed by the ~~board~~ commissioner as a power limited 
61.2 	technician; and
61.3 	(2) the electrical work is:
61.4 	(i) for a licensed contractor and the ~~person~~ individual is an employee, partner, or 
61.5 	officer of, or is the licensed contractor; or
61.6 	(ii) performed under the supervision of a master electrician or power limited 
61.7 	technician also employed by the ~~person's~~ individual's employer on technology circuits, 
61.8 	systems, apparatus, equipment, or facilities that are owned or leased by the employer and
61.9 	that are located within the limits of property operated, maintained, and either owned or 
61.10 	leased~~, operated, and maintained~~ by the employer.
61.11 	(b) An applicant for a power limited technician's license shall (1) be a graduate of a 
61.12 	four-year electrical course ~~in~~ offered by an accredited college or university; or (2) have 
61.13 	had at least 36 months' experience, acceptable to the ~~board~~ commissioner, in planning 
61.14 	for, laying out, supervising, ~~and~~ installing, altering, and repairing wiring, apparatus, or 
61.15 	equipment for power limited systems, provided however, that the ~~board~~ commissioner
61.16 	may by rule provide for the allowance of up to 12 months (2,000 hours) of experience 
61.17 	credit for successful completion of a two-year post high school electrical course or other 
61.18 	technical training approved by the ~~board~~ commissioner.
61.19 	~~(c) The board may initially set experience requirements without rulemaking, but~~ 
61.20 	~~must adopt rules before July 1, 2004.~~
61.21 	~~(d) Licensees must attain eight hours of continuing education acceptable to the~~ 
61.22 	~~board every renewal period.~~
61.23 	~~(e) A person who has submitted an application by June 30, 2003, to take the alarm~~ 
61.24 	~~and communications examination administered by the board, and who has achieved a~~ 
61.25 	~~minimal score of 70 percent on the examination by September 30, 2003, may obtain a~~ 
61.26 	~~power limited technician license without further examination by submitting an application~~ 
61.27 	~~and a license fee of $30.~~
61.28 	~~(f)~~ (c) A company holding an alarm and communication license as of June 30, 2003, 
61.29 	may designate one ~~person~~ individual who may obtain a power limited technician license 
61.30 	without passing an examination administered by the ~~board~~ commissioner by submitting an 
61.31 	application and license fee of $30.
61.32 	~~(g) A person who has submitted an application by September 30, 2005, to take the~~ 
61.33 	~~power limited technician examination administered by the board is not required to meet~~ 
61.34 	~~the qualifications set forth in paragraph (b).~~
61.35 		Subd. 4.Special electrician. Notwithstanding the provisions of subdivisions 1, 2, 6, 
61.36 	and 7, the ~~board~~ commissioner may by rule provide for the issuance of special electrician 
62.1 	licenses empowering the licensee to engage in ~~a~~one or more of the following limited 
62.2 	class or classes of electrical work, which class or classes shall be specified on the license 
62.3 	certificate: elevator constructor, lineman, maintenance electrician, and master elevator 
62.4 	constructor. Each licensee shall have had at least two years of experience, acceptable to 
62.5 	the ~~board~~ commissioner, in each such limited class of work for which the licensee is 
62.6 	licensed. The scope of each special electrician license created by the commissioner under 
62.7 	this section shall be limited to that provided for by the rules adopted by the commissioner.
62.8 		Subd. 5.Unlicensed ~~persons~~ individuals. (a) An unlicensed ~~person~~ individual
62.9 	shall not perform electrical work unless the work is performed under the ~~personal~~ direct
62.10 	supervision of ~~a person actually~~ an individual licensed to perform such work and the 
62.11 	licensed ~~electrician~~ individual and unlicensed ~~persons~~ individual are employed by the 
62.12 	same employer. Licensed persons shall not permit unlicensed ~~persons~~ individuals to 
62.13 	perform electrical work except under the ~~personal~~ direct supervision of ~~a person actually~~
62.14 	an individual licensed to perform ~~such~~ the electrical work. Unlicensed ~~persons~~ individuals
62.15 	shall not supervise the performance of electrical work or make assignments of electrical 
62.16 	work to unlicensed ~~persons~~ individuals. Except for technology circuit or system work,
62.17 	each licensed ~~persons~~ individual shall supervise no more than two unlicensed ~~persons~~
62.18 	individuals. For technology circuit or system work, each licensed ~~persons~~ individual shall 
62.19 	supervise no more than three unlicensed ~~persons~~ individuals.
62.20 	(b) Notwithstanding any other provision of this section, no ~~person~~ individual other 
62.21 	than a licensed master electrician or licensed power limited technician shall plan or lay out 
62.22 	electrical wiring, apparatus, or equipment for light, heat, power, or other purposes, except 
62.23 	circuits or systems exempted from personal licensing by subdivision 12, paragraph (b).
62.24 	(c) Contractors employing unlicensed ~~persons performing~~ individuals to perform
62.25 	electrical work shall maintain records establishing compliance with this subdivision~~, which~~
62.26 	that shall ~~designate~~ identify all unlicensed ~~persons~~ individuals performing electrical work, 
62.27 	except for ~~persons~~ individuals working on circuits or systems exempted from personal 
62.28 	licensing by subdivision 12, paragraph (b), and shall permit the ~~board~~ commissioner to 
62.29 	examine and copy all such records as provided for in section  326.244, subdivision 6. 
62.30 	(d) When a licensed individual supervises the electrical work of an unlicensed 
62.31 	individual, the licensed individual is responsible for ensuring that the electrical work 
62.32 	complies with the Minnesota Electrical Act and all rules adopted under the act.
62.33 		Subd. 6.Contractor's license required. Except as otherwise provided by law, no 
62.34 	~~person~~ individual other than an employee, partner, or officer of a licensed contractor, as 
62.35 	defined by section  ~~326.01~~ 326B.31, subdivision ~~5~~ 12, shall ~~undertake~~ perform or offer 
62.36 	to ~~undertake to plan for, lay out, supervise or install or to make additions, alterations, or~~ 
63.1 	~~repairs in the installation of electrical wiring, apparatus, and equipment for light, heat,~~ 
63.2 	~~power, and other purposes~~ perform electrical work with or without compensation unless 
63.3 	the ~~person~~ individual obtains a contractor's license. A contractor's license does not of itself 
63.4 	qualify its holder to perform or supervise the electrical work authorized by holding any 
63.5 	class of personal ~~electrical~~ license. 
63.6 		Subd. 6a.Bond required. As a condition of licensing, each contractor shall give 
63.7 	and maintain bond to the state in the ~~penal~~ sum of ~~$5,000~~ $25,000 conditioned upon the 
63.8 	faithful and lawful performance of all work ~~entered upon~~ contracted for or performed by 
63.9 	the contractor within the state of Minnesota and such bond shall be for the benefit of 
63.10 	persons injured or suffering financial loss by reason of failure of such performance. The 
63.11 	bond shall be filed with the ~~board~~ commissioner and shall be in lieu of all other license 
63.12 	bonds to any other political subdivision. Such bond shall be written by a corporate surety 
63.13 	licensed to do business in the state of Minnesota.
63.14 		Subd. 6b.Insurance required. Each contractor shall have and maintain in effect 
63.15 	general liability insurance, which includes premises and operations insurance and products 
63.16 	and completed operations insurance, with limits of at least $100,000 per occurrence, 
63.17 	$300,000 aggregate limit for bodily injury, and property damage insurance with limits 
63.18 	of at least ~~$25,000~~ $50,000 or a policy with a single limit for bodily injury and property 
63.19 	damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance 
63.20 	shall be written by an insurer licensed to do business in the state of Minnesota and each 
63.21 	contractor shall maintain on file with the ~~board~~ commissioner a certificate evidencing such 
63.22 	insurance which provides that such insurance shall not be canceled without the insurer 
63.23 	first giving 15 days written notice to the ~~board~~ commissioner of such cancellation.
63.24 		Subd. 6c.Employment of master electrician or power limited technician. (a) ~~No~~ 
63.25 	~~contractor shall engage in business of electrical contracting unless the contractor employs~~ 
63.26 	~~a licensed Class A master or Class B~~ Each contractor must designate a responsible master 
63.27 	electrician~~,~~ or power limited technician, who shall be responsible for the performance of 
63.28 	all electrical work in accordance with the requirements of sections  ~~326.241 to  326.248~~
63.29 	326B.31 to 326B.399 or any rule or order adopted or issued under these sections. The 
63.30 	classes of work ~~for which the~~ that a licensed contractor is authorized to perform shall be 
63.31 	limited to ~~those for which such Class A master electrician, Class B master electrician,~~ 
63.32 	~~or power limited technician employed by the contractor~~ the classes of work that the 
63.33 	responsible master electrician or power limited electrician is licensed to perform. 
63.34 	(b) When a contractor's license is held by an individual, sole proprietorship,
63.35 	partnership, limited liability company, or corporation and the individual, proprietor, one 
63.36 	of the partners, one of the members, or an officer of the corporation, respectively, is not 
64.1 	the responsible master electrician or power limited technician ~~of record~~, all requests for 
64.2 	inspection shall be signed by the responsible master electrician or power limited technician 
64.3 	~~of record~~. ~~The designated responsible master electrician or power limited technician of~~ 
64.4 	~~record shall be employed by the individual, partnership, limited liability company, or~~ 
64.5 	~~corporation which is applying for a contractor's license and shall not be employed in any~~ 
64.6 	~~capacity as a licensed electrician or licensed technician by any other contractor or employer~~ 
64.7 	~~designated in subdivision 12.~~ If the contractor is an individual or a sole proprietorship, the 
64.8 	responsible licensed individual must be the individual, proprietor, or managing employee. 
64.9 	If the contractor is a partnership, the responsible licensed individual must be a general 
64.10 	partner or managing employee. If the licensed contractor is a limited liability company, 
64.11 	the responsible licensed individual must be a chief manager or managing employee. If 
64.12 	the contractor is a corporation, the responsible licensed individual must be an officer or 
64.13 	managing employee. If the responsible licensed individual is a managing employee, the 
64.14 	responsible licensed individual must be actively engaged in performing electrical work 
64.15 	on behalf of the contractor, and cannot be employed in any capacity as an electrician 
64.16 	or technician by any other contractor or employer designated in subdivision 12. An 
64.17 	individual may be the responsible licensed individual for only one contractor or employer.
64.18 	(c) All applications and renewals for ~~contractor's~~ contractor licenses ~~and all renewals~~
64.19 	shall include a verified statement that the applicant or licensee has complied with this 
64.20 	subdivision.
64.21 		Subd. 7.Examination. In addition to the other requirements ~~imposed herein~~
64.22 	described in this section and except as ~~herein otherwise~~ provided in subdivision 11, as 
64.23 	a precondition to issuance of a personal license, each applicant must pass a written 
64.24 	or oral examination ~~given~~ developed and administered by the ~~board~~ commissioner to 
64.25 	~~insure~~ ensure the competence of each applicant for license. An oral examination shall 
64.26 	be administered only to an applicant who furnishes a written statement from a certified 
64.27 	teacher or other professional, trained in the area of reading disabilities stating that the 
64.28 	applicant has a specific reading disability which would prevent the applicant from 
64.29 	performing satisfactorily on a written test. The oral examination shall be structured so that 
64.30 	an applicant who passes the examination will not impair the applicant's own safety or that 
64.31 	of others while acting as a licensed ~~person~~ individual. No ~~person~~ individual failing an 
64.32 	examination may retake it for six months thereafter, but within such six months the ~~person~~
64.33 	individual may take an examination for a lesser grade of license. Any ~~licensee~~ individual
64.34 	failing to renew a personal license for two years or more after its expiration, and any 
64.35 	licensee whose personal license is revoked under this chapter, shall be required to retake 
64.36 	the examination before being issued a new license. An individual whose personal license 
65.1 	is revoked under any other chapter is not required to retake the examination before being 
65.2 	issued a new license, unless the personal license was revoked two years or more before the 
65.3 	commissioner received the completed application for a new license. A licensee whose 
65.4 	personal license is suspended for any reason is not required to retake the examination 
65.5 	before the personal license is reinstated, unless the personal license has not been reinstated 
65.6 	within two years after the suspension began.
65.7 	An applicant for a personal license shall submit to the ~~board~~ commissioner an 
65.8 	application and examination fee at the time of application. Upon approval of the 
65.9 	application, the ~~board~~ commissioner shall schedule the applicant for the next available 
65.10 	examination, which shall be held within 60 days. The applicant shall be allowed one 
65.11 	opportunity to reschedule an examination without being required to submit another 
65.12 	application and examination fee. Additionally, an applicant who fails an examination, or 
65.13 	whose application ~~has been disapproved, must~~ was not approved, shall submit another 
65.14 	application and examination fee.
65.15 		Subd. 8.License and renewal fees; expiration. ~~All licenses issued hereunder shall~~ 
65.16 	~~expire in a manner as provided by the board.~~ (a) Unless revoked or suspended under this 
65.17 	chapter, all licenses issued or renewed under this section expire on the date specified 
65.18 	in this subdivision. Master licenses expire March 1 of each odd-numbered year after 
65.19 	issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered 
65.20 	year after issuance or renewal. Technology system contractor licenses expire August 1 of 
65.21 	each even-numbered year after issuance or renewal. Journeyman, installer, power limited 
65.22 	technician, and special electrician licenses expire two years from the date of original 
65.23 	issuance and every two years thereafter.
65.24 	(b) Fees~~, as set by the board, shall be payable~~ for application and examination, and 
65.25 	for the original issuance and each subsequent renewal ~~of the following~~, are:
65.26 	(1) For each personal license application and examination: $35;
65.27 	~~Class A Master.~~
65.28 	~~Class B Master.~~
65.29 	~~Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or~~ 
65.30 	~~Special Electrician.~~
65.31 	(2) For original issuance ~~of original license~~ and each subsequent renewal of:
65.32 	Class A Master~~.~~ or master special electrician, including master elevator constructor: 
65.33 	$40 per year;
65.34 	Class B Master~~.~~: $25 per year;
65.35 	Power Limited Technician~~.~~: $15 per year;
66.1 	Class A Journeyman, Class B Journeyman, Installer, or Special Electrician~~.~~ other 
66.2 	than master special electrician: $15 per year;
66.3 	~~Electrical~~ contractor: $100 per year.
66.4 	~~Technology Systems Contractor.~~
66.5 	(c) If any new license is issued in accordance with this subdivision for less than two 
66.6 	years, the fee for the license shall be prorated on an annual basis. 
66.7 	(d) A license fee may not be refunded after a license is issued or renewed. However, 
66.8 	if the fee paid for a license was not prorated in accordance with this subdivision, the 
66.9 	amount of the overpayment shall be refunded.
66.10 	(e) Any contractor who seeks reissuance of a license after it has been revoked or 
66.11 	suspended under this chapter shall submit a reissuance fee of $100 before the license is 
66.12 	reinstated.
66.13 	(f) The fee for the issuance of each duplicate license is $15.
66.14 	~~(3)~~ (g) An individual or contractor who fails to renew a license before 30 days 
66.15 	after the expiration of the license must submit a late fee equal to one year's license fee in 
66.16 	addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual 
66.17 	or contractor that fails to renew a license by the expiration date is unlicensed until the 
66.18 	license is renewed.
66.19 		Subd. 8a.Continuing education. The commissioner shall adopt rules governing 
66.20 	continuing education requirements for individuals licensed under this section. 
66.21 	Notwithstanding the provisions of section 14.125, the commissioner shall publish a notice 
66.22 	of intent to adopt rules or a notice of hearing with respect to the proposed continuing 
66.23 	education rules by January 4, 2010. Until such rules are effective, the commissioner shall 
66.24 	enforce the continuing education requirements of Minnesota Rules, parts 3800.3601 
66.25 	to 3800.3603.
66.26 		~~Subd. 9.Denial, suspension, and revocation of licenses.~~ ~~The board may by order~~ 
66.27 	~~deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board~~ 
66.28 	~~finds (1) in its discretion that the order is in the public interest and (2) that, based upon a~~ 
66.29 	~~preponderance of the evidence presented, the applicant or licensee:~~
66.30 	~~(a) has filed an application for a license which is incomplete in any material respect~~ 
66.31 	~~or contains any statement which, in light of the circumstances under which it is made, is~~ 
66.32 	~~false or misleading with respect to any material fact;~~
66.33 	~~(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;~~
66.34 	~~(c) has been convicted within the past five years of a misdemeanor involving a~~ 
66.35 	~~violation of sections  326.241 to  326.248;~~ 
67.1 	~~(d) has violated or failed to comply with sections  326.241 to  326.248 or any rule or~~ 
67.2 	~~order adopted or issued under these sections; or~~ 
67.3 	~~(e) has, in the conduct of the applicant's or licensee's affairs, including, but~~ 
67.4 	~~not limited to, the performance of electrical work, been shown to be incompetent or~~ 
67.5 	~~untrustworthy.~~
67.6 	~~If a licensee engages in conduct that is proven by a preponderance of the evidence to~~ 
67.7 	~~be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a~~ 
67.8 	~~violation of this subdivision. The board may take action under this subdivision or any~~ 
67.9 	~~other law authorizing action against a licensee regardless of whether the underlying~~ 
67.10 	~~conduct was willful.~~
67.11 	~~The board may adopt rules further specifying and defining actions, conduct, and~~ 
67.12 	~~omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and~~ 
67.13 	~~establishing standards of conduct for applicants and licensees.~~
67.14 		~~Subd. 9a.Civil penalties.~~ ~~Whenever a preponderance of the evidence presented~~ 
67.15 	~~proves that a person has violated or failed to comply with sections  326.241 to  326.248 or~~ 
67.16 	~~any rule or order adopted or issued under these sections, the board may impose a civil~~ 
67.17 	~~penalty upon the person in an amount not to exceed $10,000 per violation.~~ 
67.18 		~~Subd. 9b.Orders for hearing.~~ ~~The complaint committee may, on behalf of the~~ 
67.19 	~~board, issue an order requiring a licensee or an applicant for a license to appear at a~~ 
67.20 	~~hearing on the issue of whether the license should be revoked or suspended, the licensee~~ 
67.21 	~~censured, the application denied, or a civil penalty imposed. The order shall be calculated~~ 
67.22 	~~to give reasonable notice of the time and place for hearing, and shall state the reasons for~~ 
67.23 	~~the entry of the order. All hearings shall be conducted in accordance with chapter 14.~~ 
67.24 	~~After the hearing, the board shall enter an order making a disposition of the matter as the~~ 
67.25 	~~facts require. If the licensee or applicant fails to appear at a hearing of which that person~~ 
67.26 	~~has been duly notified, the person is in default and the proceeding may be determined~~ 
67.27 	~~against that person upon consideration of the order for hearing, the allegations of which~~ 
67.28 	~~may be deemed to be true.~~
67.29 		~~Subd. 9c.Temporary suspension.~~ ~~(a) The complaint committee may, on~~ 
67.30 	~~behalf of the board and in the public interest, temporarily suspend a license pending~~ 
67.31 	~~final determination of an order for hearing. The complaint committee shall not issue~~ 
67.32 	~~a temporary suspension order until an investigation of the facts has been conducted~~ 
67.33 	~~pursuant to section  214.10 by the attorney general. The complaint committee shall issue a~~ 
67.34 	~~temporary suspension order only when the safety of life or property is threatened or to~~ 
67.35 	~~prevent the commission of fraudulent, deceptive, or dishonest acts against the public.~~ 
67.36 	~~Service of the temporary suspension order is effective if the order is served on the licensee~~ 
68.1 	~~or counsel of record personally or by first class mail to the most recent address provided to~~ 
68.2 	~~the board for the licensee or the counsel of record.~~ 
68.3 	~~(b) If a license is suspended pending final determination of an order for hearing, a~~ 
68.4 	~~hearing on the merits shall be held within 45 days of the issuance of the order of temporary~~ 
68.5 	~~suspension. The administrative law judge shall issue a report within 30 days after closing~~ 
68.6 	~~of the contested case hearing record. The board shall issue a final order within 30 days~~ 
68.7 	~~after receipt of that report and any exceptions.~~
68.8 	~~(c) If the licensee requests a hearing in writing within ten days of service of the~~ 
68.9 	~~order, the board shall hold a hearing before its own members on the sole issue of whether~~ 
68.10 	~~there is a reasonable basis to continue, modify, or vacate the temporary suspension. The~~ 
68.11 	~~board shall hold the hearing within five working days of the licensee's request for hearing.~~ 
68.12 	~~Evidence presented by the complaint committee or licensee shall be in affidavit form only.~~ 
68.13 	~~The licensee or counsel of record for the licensee may appear for oral argument. Within~~ 
68.14 	~~five working days after the hearing, the board shall issue its order either continuing or~~ 
68.15 	~~vacating the temporary suspension.~~
68.16 		~~Subd. 9d.Cease and desist order.~~ ~~(a) Whenever it appears to the complaint~~ 
68.17 	~~committee that any person has engaged or is about to engage in any act or practice~~ 
68.18 	~~constituting a violation of sections  326.241 to  326.248, any other law authorizing the~~ 
68.19 	~~issuance of a cease and desist order, or any rule or order adopted or issued under these~~ 
68.20 	~~sections, the complaint committee may, on behalf of the board, issue and cause to be~~ 
68.21 	~~served upon the person an order requiring the person to cease and desist from violating~~ 
68.22 	~~sections  326.241 to  326.248 or any rule or order adopted or issued under these sections.~~ 
68.23 	~~The complaint committee shall not issue a cease and desist order until an investigation of~~ 
68.24 	~~the facts has been conducted pursuant to section  214.10 by the attorney general. The order~~ 
68.25 	~~shall be calculated to give reasonable notice of the right of the person to request a hearing~~ 
68.26 	~~and shall state the reasons for the entry of the order. If no hearing is requested of the board~~ 
68.27 	~~within 15 days of service of the order, the order shall become final and shall remain in~~ 
68.28 	~~effect until it is modified or vacated by the board and shall not be reviewable by a court.~~ 
68.29 	~~(b) A hearing shall be held not later than 30 days from the date of the board's receipt~~ 
68.30 	~~of a written hearing request, unless otherwise agreed by the person requesting the hearing~~ 
68.31 	~~and the complaint committee. Within 30 days of receipt of the administrative law judge's~~ 
68.32 	~~report and any exceptions, the board shall issue a final order modifying, vacating, or~~ 
68.33 	~~making permanent the cease and desist order as the facts require. The final order remains~~ 
68.34 	~~in effect until modified or vacated by the board.~~
68.35 		~~Subd. 9e.Costs of proceeding.~~ ~~The board may impose a fee to reimburse the~~ 
68.36 	~~board for all or part of the cost of the proceedings resulting in disciplinary action or~~ 
69.1 	~~the imposition of civil penalties or the issuance of a cease and desist order. Such fees~~ 
69.2 	~~include, but are not limited to, the amount paid by the board for services from the office of~~ 
69.3 	~~administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,~~ 
69.4 	~~board members' per diem compensation, board staff time, and expense incurred by board~~ 
69.5 	~~members and staff.~~
69.6 		~~Subd. 9f.District court action; injunctive relief and civil penalties.~~ ~~(a) Whenever~~ 
69.7 	~~it appears to the board, or the complaint committee if authorized by the board, that any~~ 
69.8 	~~person has engaged or is about to engage in any act or practice constituting a violation of~~ 
69.9 	~~sections  326.241 to  326.248 or any rule or order adopted or issued under these sections,~~ 
69.10 	~~the board, or the complaint committee if authorized by the board, may bring an action~~ 
69.11 	~~in the name of the board in the Ramsey County District Court or the district court of~~ 
69.12 	~~any other county in which venue is proper.~~ 
69.13 	~~(b) The action may be brought to enjoin the acts or practices and to enforce~~ 
69.14 	~~compliance with sections  326.241 to  326.248, any other law authorizing a civil or~~ 
69.15 	~~injunctive action, or any rule or order adopted or issued under these sections and for a civil~~ 
69.16 	~~penalty not to exceed $10,000 for each separate violation of sections  326.241 to  326.248,~~ 
69.17 	~~any other law authorizing a civil or injunctive action, or any rule or order adopted or~~ 
69.18 	~~issued under these sections.~~ 
69.19 	~~(c) A temporary restraining order and other temporary injunctive relief shall be~~ 
69.20 	~~granted in the proceeding whenever it appears that any person has engaged in or is about~~ 
69.21 	~~to engage in any act, conduct, or practice constituting violation of sections  326.241 to~~ 
69.22 	~~326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted~~ 
69.23 	~~or issued under these sections. The board shall not be required to show irreparable harm.~~ 
69.24 		~~Subd. 9g.Other remedies.~~ ~~The issuance of a cease and desist order or injunctive~~ 
69.25 	~~relief under this section does not relieve a person from criminal prosecution by any~~ 
69.26 	~~competent authority or from disciplinary action by the board and does not prevent the~~ 
69.27 	~~board from exercising any other authority granted to it.~~
69.28 		~~Subd. 9h.Powers additional.~~ ~~The powers contained in subdivisions 9 to 9g are in~~ 
69.29 	~~addition to all other powers of the board.~~
69.30 		~~Subd. 9i.Cooperation required.~~ ~~A person who is the subject of an investigation,~~ 
69.31 	~~or who is questioned in connection with an investigation, by or on behalf of the board~~ 
69.32 	~~or its complaint committee shall cooperate fully with the investigation. Cooperation~~ 
69.33 	~~includes, but is not limited to:~~
69.34 	~~(1) responding fully and promptly to questions raised by or on behalf of the board or~~ 
69.35 	~~its complaint committee relating to the subject of the investigation;~~
70.1 	~~(2) providing copies of records in the person's possession related to the matter under~~ 
70.2 	~~investigation as requested by the board, its complaint committee, or the attorney general~~ 
70.3 	~~within the time limit set by the board, its complaint committee, or the attorney general;~~
70.4 	~~(3) assisting the board, its complaint committee, or the attorney general in its~~ 
70.5 	~~investigation; and~~
70.6 	~~(4) appearing at conferences or hearings scheduled by the board or its complaint~~ 
70.7 	~~committee.~~
70.8 		~~Subd. 9j.Disciplinary proceedings closed.~~ ~~Proceedings held before the board or~~ 
70.9 	~~its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the~~ 
70.10 	~~requirements of section  13D.01.~~ 
70.11 		~~Subd. 9k.Conflicts of law.~~ ~~If there is a conflict between sections  326.241 to~~ 
70.12 	~~326.248 and chapter 214, sections  326.241 to  326.248 shall control.~~ 
70.13 		~~Subd. 10.Continuation of business by estates.~~ ~~Upon the death of a master who is~~ 
70.14 	~~a contractor, the board may permit the decedent's representative to carry on the business~~ 
70.15 	~~of the decedent for a period not in excess of six months, for the purpose of completing~~ 
70.16 	~~work under contract or otherwise to comply with sections  326.241 to  326.248. The~~ 
70.17 	~~representative shall give such bond as the board may require conditioned upon the faithful~~ 
70.18 	~~and lawful performance of such work and such bond shall be for the benefit of persons~~ 
70.19 	~~injured or suffering financial loss by reason of failure of such performance. Such bond~~ 
70.20 	~~shall be written by a corporate surety licensed to do business in the state of Minnesota.~~ 
70.21 	~~Such representative shall also comply with all public liability and property damage~~ 
70.22 	~~insurance requirements imposed by this chapter upon a licensed contractor.~~ 
70.23 		Subd. 11.~~Reciprocity~~ Comity. ~~To the extent that any other state which provides~~ 
70.24 	~~for the licensing of electricians provides for similar action the board may grant licenses,~~ 
70.25 	~~without examination, of the same grade and class to an electrician who has been licensed~~ 
70.26 	~~by such other state for at least one year, upon payment by the applicant of the required~~ 
70.27 	~~fee and upon the board being furnished with proof that the required fee and upon the~~ 
70.28 	~~board being furnished with proof that the qualifications of the applicant are equal to the~~ 
70.29 	~~qualifications of holders of similar licenses in Minnesota.~~ If the commissioner has entered 
70.30 	into an agreement with another state or group of states, the commissioner may issue 
70.31 	a personal license without requiring the applicant to pass an examination. To receive a 
70.32 	personal license under this subdivision, the applicant must submit an application under 
70.33 	section 326B.33, pay the fee required under section 326B.33, and hold a comparable 
70.34 	license in a state participating in the agreement. Agreements are subject to the following:
70.35 	(1) The parties to the agreement must administer a statewide licensing program that 
70.36 	includes examination and qualifying experience or training.
71.1 	(2) The experience or training requirement under which an individual applicant 
71.2 	qualified for examination in the qualifying state must be deemed equal to or greater than 
71.3 	required for an applicant making application in Minnesota at the time the applicant 
71.4 	acquired the license in the qualifying state.
71.5 	(3) The applicant must have acquired the license in the qualifying state through an 
71.6 	examination deemed equivalent to the same class of license examination in Minnesota. 
71.7 	A lesser class of license may be granted where the applicant has acquired a greater 
71.8 	class of license in the qualifying state and the applicant otherwise meets the conditions 
71.9 	of this subdivision.
71.10 	(4) At the time of application, the applicant must hold a valid license in the 
71.11 	qualifying state and have held the license continuously for at least one year before making 
71.12 	application in Minnesota.
71.13 	(5) An applicant is not eligible for a license under this subdivision if the applicant 
71.14 	has failed the same or greater class of license examination in Minnesota, or if the 
71.15 	applicant's Minnesota license of the same or greater class has been revoked or suspended.
71.16 	(6) An applicant who has failed to renew a personal license for two years or more 
71.17 	after its expiration is not eligible for a license under this subdivision.
71.18 		Subd. 12.Exemptions from licensing. (a) An individual who is a maintenance 
71.19 	electrician ~~who is supervised by the responsible master electrician for a contractor who~~ 
71.20 	~~has contracted with the maintenance electrician's employer to provide services for which~~ 
71.21 	~~a contractor's license is required or by a master electrician or an electrical engineer~~ 
71.22 	~~registered with the board and who is an employee of an employer and is engaged in the~~ 
71.23 	~~maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased~~ 
71.24 	~~by the employer, and performed within the limits of property which is owned or leased~~ 
71.25 	~~and operated and maintained by said employer, shall~~ is not ~~be~~ required to hold or obtain a 
71.26 	license under sections  ~~326.241 to  326.248.~~ 326B.31 to 326B.399 if:
71.27 	(1) the individual is engaged in the maintenance and repair of electrical equipment, 
71.28 	apparatus, and facilities that are owned or leased by the individual's employer and that are 
71.29 	located within the limits of property operated, maintained, and either owned or leased by 
71.30 	the individual's employer;
71.31 	(2) the individual is supervised by:
71.32 	(i) the responsible master electrician for a contractor who has contracted with the 
71.33 	individual's employer to provide services for which a contractor's license is required; or
71.34 	(ii) a licensed master electrician, a licensed maintenance electrician, an electrical 
71.35 	engineer, or, if the maintenance and repair work is limited to technology circuit and system 
71.36 	work, a licensed power limited technician; and
72.1 	(3) the individual's employer has filed with the commissioner a certificate of 
72.2 	responsible person, signed by the responsible master electrician of the contractor, the 
72.3 	licensed master electrician, the licensed maintenance electrician, the electrical engineer, or 
72.4 	the licensed power limited technician, and stating that the person signing the certificate is 
72.5 	responsible for ensuring that the maintenance and repair work performed by the employer's 
72.6 	employees complies with the Minnesota Electrical Act and the rules adopted under that act.
72.7 	(b) Employees of a licensed electrical or technology systems contractor or other 
72.8 	employer where provided with supervision by a master electrician in accordance with 
72.9 	subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph 
72.10 	(a), clause (1), are not required to hold a license under sections  ~~326.241 to  326.248~~
72.11 	326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of 
72.12 	technology circuits or systems except planning, laying out, or installing: 
72.13 	(1) in other than residential dwellings, class 2 or class 3 remote control circuits that 
72.14 	control circuits or systems other than class 2 or class 3, except circuits that interconnect 
72.15 	these systems through communication, alarm, and security systems are exempted from 
72.16 	this paragraph;
72.17 	(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 
72.18 	physically unprotected circuits other than class 2 or class 3; or
72.19 	(3) technology circuits and systems in hazardous classified locations as covered by 
72.20 	chapter 5 of the National Electrical Code.
72.21 	(c) Companies and their employees that plan, lay out, install, alter, or repair class 
72.22 	2 and class 3 remote control wiring associated with plug or cord and plug connected 
72.23 	appliances other than security or fire alarm systems installed in a residential dwelling are 
72.24 	not required to hold a license under sections  ~~326.241 to  326.248~~ 326B.31 to 326B.399. 
72.25 	(d) Heating, ventilating, air conditioning, and refrigeration contractors and their 
72.26 	employees are not required to hold or obtain a license under sections  ~~326.241 to~~ 
72.27 	~~326.248~~ 326B.31 to 326B.399 when performing heating, ventilating, air conditioning, or 
72.28 	refrigeration work as described in section  326.245. 
72.29 	(e) Employees of any ~~electric~~ electrical, communications, or railway utility, cable 
72.30 	communications company as defined in section  238.02, or a telephone company as defined 
72.31 	under section  237.01 or its employees, or of any independent contractor performing work 
72.32 	on behalf of any such utility, cable communications company, or telephone company, shall 
72.33 	not be required to hold a license under sections  ~~326.241 to  326.248~~ 326B.31 to 326B.399: 
72.34 	(1) while performing work on installations, materials, or equipment which are owned 
72.35 	or leased, and operated and maintained by such utility, cable communications company, or 
72.36 	telephone company in the exercise of its utility, antenna, or telephone function, and which
73.1 	(i) are used exclusively for the generation, transformation, distribution, transmission, 
73.2 	or metering of electric current, or the operation of railway signals, or the transmission 
73.3 	of intelligence and do not have as a principal function the consumption or use of electric 
73.4 	current or provided service by or for the benefit of any person other than such utility, cable 
73.5 	communications company, or telephone company, and
73.6 	(ii) are generally accessible only to employees of such utility, cable communications 
73.7 	company, or telephone company or persons acting under its control or direction, and
73.8 	(iii) are not on the load side of the service point or point of entrance for 
73.9 	communication systems;
73.10 	(2) while performing work on installations, materials, or equipment which are a part 
73.11 	of the street lighting operations of such utility; or
73.12 	(3) while installing or performing work on outdoor area lights which are directly 
73.13 	connected to a utility's distribution system and located upon the utility's distribution poles, 
73.14 	and which are generally accessible only to employees of such utility or persons acting 
73.15 	under its control or direction.
73.16 	(f) An owner shall not be required to hold or obtain a license under sections  ~~326.241~~
73.17 	~~to  326.248~~ 326B.31 to 326B.399. 

73.18 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
73.19 	amendments to subdivision 8 are effective July 1, 2007.

73.20 	Sec. 17. Minnesota Statutes 2006, section 326.243, is amended to read:
73.21 	326.243 SAFETY STANDARDS.
73.22 	All electrical wiring, apparatus and equipment for ~~electric~~ electrical light, heat and 
73.23 	power, technology circuits or systems shall comply with the rules of the department ~~of~~ 
73.24 	~~Commerce or the Department of Labor and Industry, as applicable,~~ and be installed in 
73.25 	conformity with accepted standards of construction for safety to life and property. For the 
73.26 	purposes of this chapter, the rules and safety standards stated at the time the work is done 
73.27 	in the then most recently published edition of the National Electrical Code as adopted by 
73.28 	the National Fire Protection Association, Inc. and approved by the American National 
73.29 	Standards Institute, and the National Electrical Safety Code as published by the Institute 
73.30 	of Electrical and Electronics Engineers, Inc. and approved by the American National 
73.31 	Standards Institute, shall be prima facie evidence of accepted standards of construction 
73.32 	for safety to life and property; provided further, that in the event a Minnesota Building 
73.33 	Code is formulated pursuant to section  16B.61, containing approved methods of electrical 
73.34 	construction for safety to life and property, compliance with said methods of electrical 
74.1 	construction of said Minnesota Building Code shall also constitute compliance with this 
74.2 	section, and provided further, that nothing herein contained shall prohibit any political 
74.3 	subdivision from making and enforcing more stringent requirements than set forth herein 
74.4 	and such requirements shall be complied with by all licensed electricians working within 
74.5 	the jurisdiction of such political subdivisions. 

74.6 	Sec. 18. Minnesota Statutes 2006, section 326.244, subdivision 1, is amended to read:
74.7 		Subdivision 1.Required inspection. Except where any political subdivision has by 
74.8 	ordinance provided for electrical inspection similar to that herein provided, every new 
74.9 	electrical installation in any construction, remodeling, replacement, or repair, except minor 
74.10 	repair work as the same is defined by the ~~board~~ commissioner by rule, shall be inspected 
74.11 	by the ~~board~~ commissioner for compliance with accepted standards of construction for 
74.12 	safety to life and property.

74.13 	Sec. 19. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
74.14 		Subd. 1a.Technology systems. (a) The installation of the technology circuits or 
74.15 	systems described in paragraph (b), except:
74.16 	(1) minor work performed by a contractor;
74.17 	(2) work performed by a heating, ventilating, or air conditioning contractor as 
74.18 	described in section 326.245; and 
74.19 	(3) work performed by cable company employees when installing cable 
74.20 	communications systems or telephone company employees when installing telephone 
74.21 	systems,
74.22 	must be inspected as provided in this section for compliance with the applicable provisions 
74.23 	of the National Electrical Code and the applicable provisions of the National Electrical 
74.24 	Safety Code, as those codes were approved by the American National Standards Institute.
74.25 	(b) The inspection requirements in paragraph (a) apply to:
74.26 	(1) ~~remote control circuits controlling~~ class 2 or class 3 remote control circuits that 
74.27 	control circuits or systems other than class 2 or class 3 ~~and indoor lighting~~, except circuits 
74.28 	that interconnect these systems exempted by section 326.242, subdivision 12, paragraph 
74.29 	(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures, 
74.30 	or devices containing physically unprotected circuits other than class 2 or class 3; or 
74.31 	technology circuits and systems in hazardous classified locations as covered by chapter 5 
74.32 	of the National Electrical Code; 
74.33 	(2) fire alarm systems, other than in one- or two-family dwellings, as defined in 
74.34 	articles 100 and 760 of the National Electrical Code;
75.1 	(3) technology circuits and systems contained within critical care areas of health 
75.2 	care facilities as defined by the safety standards identified in section 326.243, including, 
75.3 	but not limited to, anesthesia and resuscitative alarm and alerting systems, medical 
75.4 	monitoring, and nurse call systems; ~~and~~
75.5 	(4) physical security systems within detention facilities~~.~~; and
75.6 	(5) circuitry and equipment for indoor lighting systems as defined in article 411 
75.7 	of the National Electrical Code.
75.8 	(c) For the purposes of this subdivision "minor work" means the adjustment or repair 
75.9 	and replacement of worn or defective parts of a technology circuit or system. Minor work 
75.10 	may be inspected under this section at the request of the owner of the property or the 
75.11 	person doing the work.
75.12 	(d) Notwithstanding this subdivision, if an electrical inspector observes that a 
75.13 	contractor, employer, or owner has not complied with accepted standards when the 
75.14 	work was performed, as provided in the most recent editions of the National Electrical 
75.15 	Code and the National Electrical Safety Code as approved by the American National 
75.16 	Standards Institute, the inspector may order the contractor, employer, or owner who has 
75.17 	performed the work to file a request for electrical inspection, pay an inspection fee, and 
75.18 	make any necessary repairs to comply with applicable standards and require that the 
75.19 	work be inspected.

75.20 	Sec. 20. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision 
75.21 	to read:
75.22 		Subd. 1b.Licenses; bond. All inspectors shall hold licenses as master or 
75.23 	journeyman electricians under this chapter. All inspectors under contract with the 
75.24 	department to provide electrical inspection services shall give bond in the amount of 
75.25 	$1,000, conditioned upon the faithful performance of their duties.

75.26 	Sec. 21. Minnesota Statutes 2006, section 326.244, subdivision 2, is amended to read:
75.27 		Subd. 2.Procedure. (a) At or before commencement of any installation required 
75.28 	to be inspected by the ~~board~~ commissioner, the contractor, installer, special electrician, 
75.29 	or owner making the installation shall submit to the ~~board~~ commissioner a request 
75.30 	for inspection, in a form prescribed by the ~~board~~ commissioner, together with the fees 
75.31 	required for the installation.
75.32 	(b) The fees required are a handling fee and an inspection fee. The handling fee shall 
75.33 	be set by the ~~board~~ commissioner in an amount sufficient to pay the cost of printing and 
75.34 	handling the form requesting an inspection. The inspection fee shall be set by the ~~board~~
76.1 	commissioner in an amount sufficient to pay the actual costs of the inspection and the 
76.2 	~~board's~~ commissioner's costs in administering the inspection. All fees shall be set pursuant 
76.3 	to the procedure of sections  14.001 to  14.69. 
76.4 	(c) If the inspector finds that the installation is not in compliance with accepted 
76.5 	standards of construction for safety to life and property as required by section  326.243, the 
76.6 	inspector shall by written order condemn the installation or noncomplying portion thereof, 
76.7 	or order service to the installation disconnected, and shall send a copy of the order to 
76.8 	the ~~board~~ commissioner. If the installation or the noncomplying part will seriously and 
76.9 	proximately endanger human life and property, the order of the inspector, when approved 
76.10 	by the inspector's superior, shall require immediate condemnation or disconnection. In 
76.11 	all other cases, the order of the inspector shall permit a reasonable opportunity for the 
76.12 	installation to be brought into compliance with accepted standards of construction for 
76.13 	safety to life and property prior to the effective time established for condemnation or 
76.14 	disconnection. 
76.15 	(d) Copies of each condemnation or disconnection order shall be served personally 
76.16 	or by mail upon the property owner, and the contractor, installer, or special electrician 
76.17 	making the installation, and other persons as the ~~board~~ commissioner by rule may direct. 
76.18 	An aggrieved party may appeal any condemnation or disconnection order by filing with the 
76.19 	~~board~~ commissioner a notice of appeal within ten days after (1) service upon the aggrieved 
76.20 	party of the condemnation or disconnection order, if this service is required, or (2) filing 
76.21 	of the order with the ~~board~~ commissioner, whichever is later. The appeal shall proceed 
76.22 	and the order of the inspector shall have the effect the order, by its terms, and the rules of 
76.23 	the ~~board~~ commissioner provides. The ~~board~~ commissioner shall adopt rules providing 
76.24 	procedures for the conduct of appeals, including provisions for the stay of enforcement of 
76.25 	the order of the inspector pending such appeal when justified by the circumstances.

76.26 	Sec. 22. Minnesota Statutes 2006, section 326.244, subdivision 3, is amended to read:
76.27 		Subd. 3.Duty of electrical utility. No electrical installation subject to inspection 
76.28 	by the ~~board~~ commissioner shall be newly connected or reconnected for use until there 
76.29 	is filed with the electrical utility supplying power a certificate of the property owner or 
76.30 	licensed electrician, directing the work that inspection has been requested and that the 
76.31 	conditions of the installation are safe for energization, provided further, that in all cases 
76.32 	where an order of condemnation or disconnection has been issued against the installation 
76.33 	or any part thereof, prior to connection or reconnection there shall also first be filed with 
76.34 	the electrical utility supplying the power a copy of an order of the inspector or the ~~board~~
76.35 	commissioner dismissing such prior order of condemnation or disconnection or approving 
77.1 	the installation as being in compliance with accepted standards of construction for safety 
77.2 	to life and property. With respect to transient projects, the aforesaid certificate shall also 
77.3 	contain a certification that the request for inspection has been or will be filed with the 
77.4 	~~board~~ commissioner so as to be received by it at least five days prior to the date and time 
77.5 	energization of the installation by the utility is to occur, and that the request for inspection 
77.6 	states such date and time, and it shall be the responsibility of the ~~board~~ commissioner
77.7 	to have inspection of such transient project occur prior to the date and time at which 
77.8 	the request states energization is to occur.

77.9 	Sec. 23. Minnesota Statutes 2006, section 326.244, subdivision 4, is amended to read:
77.10 		Subd. 4.Powers of political subdivisions. Any political subdivision or the 
77.11 	University of Minnesota may make provision for inspection of electrical installations 
77.12 	within its jurisdiction, in which case it shall keep on file with the ~~board~~ commissioner
77.13 	copies of its current inspection ordinances and codes. No political subdivision or the 
77.14 	University of Minnesota shall require any individual, partnership, corporation or other 
77.15 	business association holding a license from the ~~board~~ commissioner under sections  
77.16 	~~326.241 to  326.248~~ 326B.31 to 326B.399 to pay any license or registration fee, provided 
77.17 	however, that any such political subdivision or the University of Minnesota may provide 
77.18 	by ordinance a requirement that each individual, partnership, corporation or other business 
77.19 	association doing electrical work within the jurisdiction of such political subdivision or 
77.20 	the University of Minnesota have on file with said political subdivision a copy of the 
77.21 	current license issued by the ~~board~~ commissioner or such other evidence of such license as 
77.22 	may be provided by the ~~board~~ commissioner. 
77.23 	Each electrical inspector of any political subdivision or the University of Minnesota 
77.24 	shall be a licensed master or journeyman electrician under section  326.242, subdivision 
77.25 	1, paragraph (1), or 2, paragraph (b), and shall not otherwise engage or be employed in 
77.26 	the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for 
77.27 	light, heat, power, and other purposes and shall have no financial interest in any concern 
77.28 	engaged in any such business. 

77.29 	Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:
77.30 		Subd. 5.Exemptions from inspections. Installations, materials, or equipment shall 
77.31 	not be subject to inspection under sections  ~~326.241 to  326.248~~ 326B.31 to 326B.399: 
77.32 	(1) when owned or leased, operated and maintained by any employer whose 
77.33 	maintenance electricians are exempt from licensing under sections  ~~326.241 to  326.248~~
78.1 	326B.31 to 326B.399, while performing electrical maintenance work only as defined by 
78.2 	~~board~~ Department of Labor and Industry rule; 
78.3 	(2) when owned or leased, and operated and maintained by any ~~electric~~ electrical, 
78.4 	communications, or railway utility, cable communications company as defined in section  
78.5 	238.02, or telephone company as defined under section  237.01, in the exercise of its 
78.6 	utility, antenna, or telephone function; and 
78.7 	(i) are used exclusively for the generations, transformation, distribution, 
78.8 	transmission, or metering of electric current, or the operation of railway signals, or the 
78.9 	transmission of intelligence, and do not have as a principal function the consumption or 
78.10 	use of electric current by or for the benefit of any person other than such utility, cable 
78.11 	communications company, or telephone company; and
78.12 	(ii) are generally accessible only to employees of such utility, cable communications 
78.13 	company, or telephone company or persons acting under its control or direction; and
78.14 	(iii) are not on the load side of the service point or point of entrance for 
78.15 	communication systems;
78.16 	(3) when used in the street lighting operations of an ~~electric~~ electrical utility;
78.17 	(4) when used as outdoor area lights which are owned and operated by an ~~electric~~
78.18 	electrical utility and which are connected directly to its distribution system and located 
78.19 	upon the utility's distribution poles, and which are generally accessible only to employees 
78.20 	of such utility or persons acting under its control or direction;
78.21 	(5) when the installation, material, and equipment are in facilities subject to the 
78.22 	jurisdiction of the federal Mine Safety and Health Act; or
78.23 	(6) when the installation, material, and equipment is part of an elevator installation 
78.24 	for which the elevator contractor, licensed under section  326.242, is required to obtain 
78.25 	a permit from the authority having jurisdiction as provided by section  16B.747, and 
78.26 	the inspection has been or will be performed by an elevator inspector certified ~~by the~~ 
78.27 	~~Department of Administration~~ and licensed by the ~~Board of Electricity~~ department. 
78.28 	This exemption shall apply only to installations, material, and equipment permitted 
78.29 	or required to be connected on the load side of the disconnecting means required for 
78.30 	elevator equipment under National ~~Electric~~ Electrical Code Article 620, and elevator 
78.31 	communications and alarm systems within the machine room, car, hoistway, or elevator 
78.32 	lobby. 

78.33 	Sec. 25. Minnesota Statutes 2006, section 326.2441, is amended to read:
78.34 	326.2441 INSPECTION FEE SCHEDULE.
79.1 		Subdivision 1.Schedule. State electrical inspection fees shall be ~~paid according~~ 
79.2 	~~to~~ calculated in accordance with subdivisions 2 to ~~13~~ 15.
79.3 		Subd. 2.Fee for each separate inspection. The minimum fee for each separate 
79.4 	inspection of an installation, replacement, alteration, or repair is ~~$20.~~ $35. Except as 
79.5 	otherwise provided in this section, the maximum number of separate inspections allowed 
79.6 	without payment of an additional fee is the whole number resulting from dividing by 
79.7 	35 the total fee calculated in accordance with this section. Where additional separate 
79.8 	inspections are necessary, additional fees are required to result in a value equal to the total 
79.9 	number of separate inspections multiplied by 35. The fee for any inspections needed after 
79.10 	a "final inspection" is performed shall be calculated without consideration of any fee 
79.11 	paid before the final inspection.
79.12 		Subd. 3.Fee for services, generators, other power supply sources, or feeders to 
79.13 	separate structures. The inspection fee for the installation, addition, alteration, or repair 
79.14 	of each service, change of service, temporary service, generator, other power supply 
79.15 	source, or feeder to a separate structure is:
79.16 	(1) 0 ampere to and including 400 ampere capacity, ~~$25~~ $35;
79.17 	(2) 401 ampere to and including 800 ampere capacity, ~~$50~~ $60; and
79.18 	(3) ampere capacity above 800, ~~$75~~ $100.
79.19 	Where multiple disconnects are grouped at a single location and are supplied by a 
79.20 	single set of supply conductors the cumulative rating of the overcurrent devices shall be 
79.21 	used to determine the supply ampere capacity.
79.22 		Subd. 4.Fee for circuits, feeders, feeder taps, or sets of transformer secondary 
79.23 	conductors. The inspection fee for the installation, addition, alteration, or repair of 
79.24 	each circuit, feeder, feeder tap, or set of transformer secondary conductors, including 
79.25 	the equipment served, is:
79.26 	(1) 0 ampere to and including 200 ampere capacity, ~~$5~~ $6; and
79.27 	(2) ampere capacity above 200, ~~$10~~ $15.
79.28 	Where existing feeders and circuits are reconnected to overcurrent devices installed 
79.29 	as part of the replacement of an existing disconnect, switchboard, motor control center, or 
79.30 	panelboard, the inspection fee for each circuit or feeder is $2.
79.31 		Subd. 5.~~Limitations to fees of subdivisions 3 and 4~~ Inspection fee for dwellings.
 79.32 	(a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family 
79.33 	dwelling ~~with a supply of up to 500 amperes where a combination of ten or more sources~~ 
79.34 	~~of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80.~~ is 
79.35 	the following:
79.36 	(1) the fee for each service or other source of power as provided in subdivision 3;
80.1 	(2) $100 for up to 30 feeders and circuits; and
80.2 	(3) for each additional feeder or circuit, the fee as provided in subdivision 4.
80.3 	This fee applies to each separate installation for new dwellings and ~~additions, alterations,~~ 
80.4 	~~or repairs to existing dwellings and includes not more than two inspections.~~where 15 
80.5 	or more feeders or circuits are installed or extended in connection with any addition, 
80.6 	alteration, or repair to existing dwellings. Where existing feeders and circuits are 
80.7 	reconnected to overcurrent devices installed as part of the replacement of an existing 
80.8 	panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number 
80.9 	of separate inspections shall be determined in accordance with subdivision 2. The 
80.10 	fee for additional inspections or other installations is that specified in subdivisions 2 
80.11 	~~to~~, 4, 6, and 8. The installer may submit fees for additional inspections when filing the 
80.12 	request for electrical inspection. The fee for each detached accessory structure directly 
80.13 	associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and 
80.14 	4. When included on the same request for electrical inspection form, inspection fees for 
80.15 	detached accessory structures directly associated with the dwelling unit may be combined 
80.16 	with the dwelling unit fees to determine the maximum number of separate inspections in 
80.17 	accordance with subdivision 2.
80.18 	(b) The inspection fee for each dwelling unit of a multifamily dwelling with three 
80.19 	~~to 12~~ or more dwelling units is ~~$50 and the fee for each additional dwelling unit is $25.~~
80.20 	$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder 
80.21 	or circuit. This fee applies to each separate installation for each new dwelling unit and 
80.22 	where ten or more feeders or circuits are installed or extended in connection with any 
80.23 	addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits 
80.24 	are reconnected to overcurrent devices installed as part of the replacement of an existing 
80.25 	panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number 
80.26 	of separate inspections for each dwelling unit shall be determined in accordance with 
80.27 	subdivision 2. The fee for additional inspections or for inspection of other installations 
80.28 	is that specified in subdivisions 2, 4, 6, and 8. These fees include only inspection of the 
80.29 	wiring within individual dwelling units and the final feeder to that unit~~. This limitation is~~ 
80.30 	~~subject to the following conditions:~~
80.31 	~~(1)~~ where the multifamily dwelling is provided with common service equipment 
80.32 	and each dwelling unit is supplied by a separate feeder or feeders extended from common 
80.33 	service or distribution equipment. The fee for multifamily dwelling services or other 
80.34 	power source supplies and all other circuits is that specified in subdivisions 2 to 4~~; and~~.
81.1 	~~(2) this limitation applies only to new installations for multifamily dwellings where~~ 
81.2 	~~the majority of the individual dwelling units are available for inspection during each~~ 
81.3 	~~inspection trip.~~
81.4 	(c) A separate request for electrical inspection form must be filed for each dwelling 
81.5 	unit that is supplied with an individual set of service entrance conductors. These fees are 
81.6 	the one-family dwelling rate specified in paragraph (a).
81.7 		Subd. 6.Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical 
81.8 	supply for each manufactured home park lot is ~~$25~~ $35. This fee includes the service or 
81.9 	feeder conductors up to and including the service equipment or disconnecting means. 
81.10 	The fee for feeders and circuits that extend from the service or disconnecting means is 
81.11 	that specified in subdivision 4.
81.12 	(b) The fee for each recreational vehicle site electrical supply equipment is ~~$5~~ $6 
81.13 	for each circuit originating within the equipment. The fee for recreational vehicle park 
81.14 	services, feeders, and circuits is that specified in subdivisions 3 and 4.
81.15 	(c) The fee for each street, parking lot, or outdoor area lighting standard ~~is $1,~~ and ~~the~~ 
81.16 	~~fee for~~ each traffic signal standard is $5. Circuits originating within the standard or traffic 
81.17 	signal controller shall not be used when ~~computing~~ calculating the fee for each standard.
81.18 	(d) The fee for transformers for light, heat, and power is ~~$10~~ $15 for transformers 
81.19 	rated up to ten kilovolt-amperes and ~~$20~~$30 for transformers rated in excess of ten 
81.20 	kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power 
81.21 	supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power 
81.22 	supplies.
81.23 	(e) The fee for transformers and electronic power supplies for electric signs and 
81.24 	outline lighting is $5 per unit.
81.25 	(f) The fee for ~~alarm, communication, remote control, and signaling~~ technology 
81.26 	circuits or systems, and circuits of less than 50 volts, is ~~50~~ 75 cents for each system device 
81.27 	or apparatus.
81.28 	(g) The fee for each separate inspection of the bonding for a swimming pool, spa, 
81.29 	fountain, an equipotential plane for an agricultural confinement area, or similar installation 
81.30 	~~shall be $20~~ is $35. Bonding conductors and connections require an inspection before 
81.31 	being concealed.
81.32 	(h) The fee for all wiring installed on center pivot irrigation booms is ~~$40~~ $35 plus 
81.33 	$5 for each electrical drive unit.
81.34 	(i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per 
81.35 	~~lighting fixture~~ luminaire.
82.1 	(j) When a separate inspection of a concrete-encased grounding electrode is 
82.2 	performed, the fee is $35.
82.3 	(k) The fees required by subdivisions 3 and 4 are doubled for installations over 
82.4 	600 volts.
82.5 		Subd. 7.Investigation fees: work without a request for electrical inspection.
 82.6 	(a) Whenever any work for which a request for electrical inspection is required ~~by the~~ 
82.7 	~~board~~ has begun without the request for electrical inspection form being filed with the 
82.8 	~~board~~ commissioner, a special investigation shall be made before a request for electrical 
82.9 	inspection form is accepted ~~by the board~~.
82.10 	(b) An investigation fee, in addition to the full fee required by subdivisions 1 
82.11 	to 6, shall be paid before an inspection is made. The investigation fee is two times the 
82.12 	~~hourly rate~~ minimum fee specified in subdivision ~~10~~ 2 or the inspection fee required 
82.13 	by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the 
82.14 	investigation fee does not exempt any person from compliance with all other provisions of 
82.15 	the ~~board~~ department rules or statutes nor from any penalty prescribed by law.
82.16 		Subd. 8.Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5, 
82.17 	when reinspection is necessary to determine whether unsafe conditions identified during a 
82.18 	final inspection have been corrected and the conditions are not the subject of an appeal 
82.19 	pending before the ~~board~~ commissioner or any court, a reinspection fee of ~~$20 may~~  $35 
82.20 	shall be assessed in writing by the inspector.
82.21 		Subd. 9.Supplemental fee. When inspections scheduled by the installer are 
82.22 	preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due 
82.23 	to circumstances beyond the control of the inspector, a supplemental inspection fee of 
82.24 	~~$20 may~~  $35 shall be assessed in writing by the inspector.
82.25 		Subd. 10.Special inspection. For inspections not covered in this section, or for 
82.26 	requested special inspections or services, the fee ~~shall be $30~~ is $80 per hour, including 
82.27 	travel time, plus ~~31 cents~~ the standard mileage rate per mile traveled, plus the reasonable 
82.28 	cost of equipment or material consumed. This provision is applicable to inspection 
82.29 	of empty conduits and other jobs as may be determined by the ~~board~~ commissioner. 
82.30 	This fee may also be assessed when installations are not accessible by roadway and 
82.31 	require alternate forms of transportation~~.~~ or are located in the Northwest Angle, or when 
82.32 	inspections are performed outside of Minnesota. For purposes of this subdivision, 
82.33 	the standard mileage rate is the standard mileage rate effective at the time of travel, 
82.34 	as established by the Internal Revenue Service for computing the deductible costs of 
82.35 	operating an automobile for business expense purposes.
83.1 		Subd. 11.Inspection of transitory projects. (a) For inspection of transitory 
83.2 	projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production 
83.3 	sites, and portable road construction plants, the inspection procedures and fees are as 
83.4 	specified in paragraphs (b) to (i).
83.5 	(b) The fee for inspection of each generator or other source of supply is that specified 
83.6 	in subdivision 3. A like fee is required at each engagement or setup.
83.7 	(c) In addition to the fee for generators or other sources of supply, there must be an 
83.8 	inspection of all installed feeders, circuits, and equipment at each engagement or setup at 
83.9 	the hourly rate specified in subdivision 10, with a ~~two-hour~~ one-hour minimum.
83.10 	(d) An owner, operator, or appointed representative of a transitory enterprise 
83.11 	including, but not limited to, festivals, fairs, carnivals, circuses, production companies, 
83.12 	shows, portable road construction plants, and similar enterprises shall notify the ~~board~~
83.13 	commissioner of its itinerary or schedule and make application for initial inspection a 
83.14 	minimum of 14 days before its first engagement or setup. An owner, operator, or appointed 
83.15 	representative of a transitory enterprise who fails to notify the ~~board~~ commissioner 14 
83.16 	days before its first engagement or setup may be subject to the investigation fees specified 
83.17 	in subdivision 7. The owner, operator, or appointed representative shall request inspection 
83.18 	and pay the inspection fee for each subsequent engagement or setup at the time of the initial 
83.19 	inspection. For subsequent engagements or setups not listed on the itinerary or schedule 
83.20 	submitted to the ~~board~~ commissioner and where the ~~board~~ commissioner is not notified at 
83.21 	least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
83.22 	(e) Amusement rides, devices, concessions, attractions, or other units must be 
83.23 	inspected at their first appearance of the year. The inspection fee is ~~$20~~ $35 per unit with a 
83.24 	supply of up to 60 amperes and ~~$30~~ $40 per unit with a supply above 60 amperes.
83.25 	(f) An additional fee at the hourly rate specified in subdivision 10 must be charged 
83.26 	for additional time spent by each inspector if equipment is not ready or available for 
83.27 	inspection at the time and date specified on the application for initial inspection or the 
83.28 	request for electrical inspection form.
83.29 	(g) In addition to the fees specified in paragraphs (a) and (b), a fee of ~~two hours~~ one 
83.30 	hour at the hourly rate specified in subdivision 10 must be charged for inspections required 
83.31 	to be performed on Saturdays, Sundays, holidays, or after regular business hours.
83.32 	(h) The fee for reinspection of corrections or supplemental inspections where an 
83.33 	additional trip is necessary may be assessed as specified in subdivision 8.
83.34 	(i) The ~~board may~~ commissioner shall retain the inspection fee when an owner, 
83.35 	operator, or appointed representative of a transitory enterprise fails to notify the ~~board~~
83.36 	commissioner at least 48 hours in advance of a scheduled inspection that is canceled.
84.1 		Subd. 11a.Negotiated fee. When the fee calculated in accordance with subdivisions 
84.2 	2 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the 
84.3 	commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
84.4 		Subd. 12.Handling fee. The handling fee to pay the cost of printing and handling 
84.5 	of the paper form requesting an electrical inspection is up to $1.
84.6 		Subd. 13.National Electrical Code used for interpretation of provisions. For 
84.7 	purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most 
84.8 	recently adopted edition of the National Electrical Code shall be prima facie evidence of 
84.9 	the definitions, interpretations, and scope of words and terms used.

84.10 	EFFECTIVE DATE. This section is effective July 1, 2007.

84.11 	Sec. 26. Minnesota Statutes 2006, section 326.245, is amended to read:
84.12 	326.245 MANUFACTURED ELECTRICAL PARTS; EXEMPTION.
84.13 		Subdivision 1.Manufacturers. Electrical components, apparatus, or appliances 
84.14 	being manufactured within the limits of property which is owned or leased by a 
84.15 	manufacturer and such manufacturer's production employees are not covered by sections 
84.16 	~~326.241 to 326.248~~ 326B.31 to 326B.399. 
84.17 		Subd. 2.Electrical appliance units. Installation, alteration, or repair of electrical 
84.18 	appliance units are not covered by sections ~~326.241 to 326.248~~ 326B.31 to 326B.399. For 
84.19 	the purposes of this section, "electrical appliance units" means all electrical and fossil 
84.20 	fuel appliances that use electricity including, but not limited to, furnaces, water heaters, 
84.21 	stoves, clothes washers, dryers, and dishwashers. The installation of electrical wiring to an 
84.22 	electrical appliance unit is covered by sections ~~326.241 to 326.248~~  326B.31 to 326B.399. 
84.23 		Subd. 3.Other units. Planning, laying out, and installation of heating, ventilating, 
84.24 	air conditioning, or refrigeration units are not covered by sections ~~326.241 to 326.248~~
84.25 	326B.31 to 326B.399. For purposes of this section, heating, ventilating, air conditioning, 
84.26 	or refrigeration units include, but are not limited to, air conditioning units, air conditioning 
84.27 	evaporators, air conditioning condensers, air conditioning and refrigeration chillers, 
84.28 	boilers, furnaces, air handling units, rooftop units, humidifiers, ice makers, and 
84.29 	supermarket, ice arena, and bar/restaurant equipment. The installation of electrical wiring 
84.30 	to the unit is covered by sections ~~326.241 to 326.248~~ 326B.31 to 326B.399. 
84.31 		Subd. 4.Other equipment. Planning, laying out, alteration, replacement, or 
84.32 	repair of heating, ventilating, air conditioning, or refrigeration equipment, and associated 
84.33 	devices, controls, and wiring including wiring in or on the equipment, are not covered 
84.34 	by sections ~~326.241 to 326.248~~ 326B.31 to 326B.399 when the work is performed by an 
85.1 	employee of a heating, ventilating, air conditioning, or refrigeration contractor provided 
85.2 	that the employee performing the work has received a certificate of completion from a 
85.3 	heating, ventilating, air conditioning, or refrigeration apprenticeship program approved 
85.4 	by the state of Minnesota or any class of personal ~~electrical~~ license issued by the ~~board~~
85.5 	commissioner. Employees registered in an approved heating, ventilating, air conditioning, 
85.6 	or refrigeration program may design, plan, alter, replace, or repair heating, ventilating, air 
85.7 	conditioning, or refrigeration equipment, devices, and controls including wiring in or on 
85.8 	the equipment, under the direction of an employee who has a certificate of completion 
85.9 	from an approved program or any class of personal ~~electrical~~ license issued by the ~~board~~
85.10 	commissioner. The installation of electrical wiring to the unit is covered by sections 
85.11 	~~326.241 to 326.248~~ 326B.31 to 326B.399. 

85.12 	Sec. 27. Minnesota Statutes 2006, section 326.247, is amended to read:
85.13 	326.247 CONTINUITY.
85.14 	~~Persons~~ Individuals now members of the ~~board~~ advisory council shall remain
85.15 	~~in office~~ on the advisory council until the expiration of the terms to which they were 
85.16 	appointed. ~~Board rules, forms, policies and classifications of special electricians now in~~ 
85.17 	~~effect, and not in conflict herewith, shall continue until lawfully modified or repealed.~~

85.18 	Sec. 28. Minnesota Statutes 2006, section 326.248, is amended to read:
85.19 	326.248 CITATION.
85.20 	Sections  ~~326.241 to  326.248~~326B.31 to 326B.399 shall be known as the Minnesota 
85.21 	Electrical Act. 

85.22 	Sec. 29. [326B.31] DEFINITIONS.
85.23 		Subdivision 1.Scope. For purposes of sections 326B.31 to 326B.399, the terms 
85.24 	defined in this section have the meanings given them.
85.25 		Subd. 2.Advisory council. "Advisory council" means the Electrical Licensing and 
85.26 	Inspection Advisory Council authorized by section 326B.32.
85.27 		Subd. 3.Class A electrical contractor. "Class A electrical contractor" means a 
85.28 	licensed contractor whose responsible licensed individual is a licensed Class A master 
85.29 	electrician.
85.30 		Subd. 7.Class B electrical contractor. "Class B electrical contractor" means a 
85.31 	licensed contractor whose responsible licensed individual is a licensed Class B master 
85.32 	electrician.
86.1 		Subd. 11.Complaint committee. "Complaint committee" means the committee 
86.2 	of the advisory council that is described as the complaint committee in section 326B.32, 
86.3 	subdivision 1a.
86.4 		Subd. 16.Elevator constructor. "Elevator constructor" means an individual who 
86.5 	has the necessary qualifications, training, experience, and technical knowledge to wire for, 
86.6 	install, and repair electrical wiring, apparatus, and equipment for elevators and escalators 
86.7 	and who is licensed as an elevator constructor by the commissioner.
86.8 		Subd. 17.Elevator contractor. "Elevator contractor" means a licensed contractor 
86.9 	whose responsible licensed individual is a licensed master elevator constructor.
86.10 		Subd. 18.Licensed electrician. "Licensed electrician" means an individual licensed 
86.11 	by the commissioner as a master electrician, journeyman electrician, installer, or power 
86.12 	limited technician.
86.13 		Subd. 19.Lineman. "Lineman" means an individual who has the necessary 
86.14 	qualifications, training, experience, and technical knowledge to construct and maintain 
86.15 	transmission and distribution systems that are or will be owned or leased by an electrical 
86.16 	utility, and who is licensed as a lineman by the commissioner.
86.17 		Subd. 20.Maintenance electrician. "Maintenance electrician" means an individual 
86.18 	having the necessary qualifications, training, experience, and technical knowledge to 
86.19 	properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed 
86.20 	as a maintenance electrician by the commissioner, or who is exempt from licensing by 
86.21 	sections 326B.32 to 326B.399.
86.22 		Subd. 21.Master elevator constructor. "Master elevator constructor" means 
86.23 	an individual who has the necessary qualifications, training, experience, and technical 
86.24 	knowledge to properly plan, lay out, and supervise the installation of wiring, apparatus, 
86.25 	and equipment for elevators and escalators, and who is licensed as a master elevator 
86.26 	constructor by the commissioner.
86.27 		Subd. 23.Personal license. "Personal license" means any license issued by the 
86.28 	commissioner under section 326B.33 or the rules adopted under section 326B.33, except a 
86.29 	contractor's license.
86.30 		Subd. 27.Responsible licensed individual. A contractor's "responsible licensed 
86.31 	individual" means the licensed Class A master electrician, Class B master electrician, 
86.32 	master elevator constructor, or power limited technician designated in writing by the 
86.33 	contractor in the contractor's license application, or in another manner acceptable to the 
86.34 	commissioner, as the individual responsible for the contractor's compliance with sections 
86.35 	326B.31 to 326B.399 and all rules and orders adopted or issued under these sections. The 
87.1 	terms "licensed responsible individual" and "licensed responsible master electrician or 
87.2 	power limited technician" are synonymous.
87.3 		Subd. 29.Technical committee. "Technical committee" means the committee of 
87.4 	the advisory council that is described as the technical committee in section 326B.32, 
87.5 	subdivision 1a.
87.6 		Subd. 30.Technical program committee. "Technical program committee" means 
87.7 	the committee of the advisory council that is described as the technical program committee 
87.8 	in section 326B.32, subdivision 1a.
87.9 		Subd. 32.Technology system contractor. "Technology system contractor" means 
87.10 	a licensed contractor whose responsible licensed individual is a licensed power limited 
87.11 	technician.

87.12 	Sec. 30. REVISOR'S INSTRUCTION.
 87.13 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
87.14 	column A with the number listed in column B. The revisor shall also make necessary 
87.15 	cross-reference changes consistent with the renumbering.

87.16 | | Column A | Column B
87.17 | | 326.01, subd. 2 | 326B.31, subd. 6
87.18 | | 326.01, subd. 3 | 326B.31, subd. 5
87.19 | | 326.01, subd. 4 | 326B.31, subd. 28
87.20 | | 326.01, subd. 5 | 326B.31, subd. 12
87.21 | | 326.01, subd. 6 | 326B.31, subd. 10
87.22 | | 326.01, subd. 6a | 326B.31, subd. 9
87.23 | | 326.01, subd. 6b | 326B.31, subd. 4
87.24 | | 326.01, subd. 6c | 326B.31, subd. 8
87.25 | | 326.01, subd. 6e | 326B.31, subd. 22
87.26 | | 326.01, subd. 6f | 326B.31, subd. 15
87.27 | | 326.01, subd. 6g | 326B.31, subd. 14
87.28 | | 326.01, subd. 6i | 326B.31, subd. 13
87.29 | | 326.01, subd. 6j | 326B.31, subd. 26
87.30 | | 326.01, subd. 6k | 326B.31, subd. 24
87.31 | | 326.01, subd. 6l | 326B.31, subd. 31
87.32 | | 326.01, subd. 6m | 326B.31, subd. 25
87.33 | | 326.241 | 326B.32
87.34 | | 326.242 | 326B.33
87.35 | | 326.2421 | 326B.34
87.36 | | 326.243 | 326B.35
87.37 | | 326.244 | 326B.36
87.38 | | 326.2441 | 326B.37
87.39 | | 326.245 | 326B.38
88.1 | | 326.247 | 326B.39
88.2 | | 326.248 | 326B.399

88.3 	ARTICLE 6
88.4 	PLUMBING

88.5 	Section 1. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:
88.6 		Subd. 7.Journeyman plumber. A "journeyman plumber" is ~~any person~~ an 
88.7 	individual, other than a master plumber, who, as a principal occupation, is engaged as an 
88.8 	employee of, or is otherwise working under the direction of, a master plumber in the 
88.9 	practical installation of plumbing.

88.10 	Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:
88.11 		Subd. 8.Master plumber. A "master plumber" is ~~any person~~ an individual who is
88.12 	skilled in the planning, superintending, and the practical installation of plumbing ~~and~~, who 
88.13 	is otherwise lawfully qualified to contract for plumbing and installations and to conduct 
88.14 	the business of plumbing and who is familiar with the laws and rules governing the same.

88.15 	Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 9, is amended to read:
88.16 		Subd. 9.Plumber's ~~apprentice~~ trainee. A "plumber's ~~apprentice~~ trainee" 
88.17 	is ~~any person~~ an individual, other than a journeyman or master plumber, who, as a 
88.18 	principal occupation, is engaged in ~~working as an employee of a plumbing contractor~~
88.19 	plumbing work under the ~~immediate and personal~~ direct supervision of either a master 
88.20 	or journeyman plumber ~~or plumbing contractor in learning~~ to learn and ~~assisting~~ assist
88.21 	in the installation of plumbing.

88.22 	EFFECTIVE DATE. This section is effective July 1, 2007.

88.23 	Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read:
88.24 	326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY 
88.25 	STANDARDS; LICENSE EXEMPTION.
88.26 		Subdivision 1.Rules. The ~~state~~ commissioner ~~of health~~ may, by rule, prescribe 
88.27 	minimum standards which shall be uniform~~,~~ and which ~~standards~~ shall ~~thereafter~~ be 
88.28 	effective for all new plumbing installations, including additions, extensions, alterations, 
88.29 	and replacements connected with any water or sewage disposal system owned or operated 
88.30 	by or for any municipality, institution, factory, office building, hotel, apartment building, 
88.31 	or any other place of business regardless of location or the population of the city or town in 
89.1 	which the installation is to be located. Notwithstanding the provisions of Minnesota Rules, 
89.2 	part 4715.3130, as they apply to review of plans and specifications, the commissioner may 
89.3 	allow plumbing construction, alteration, or extension to proceed without approval of the 
89.4 	plans or specifications by the commissioner.
89.5 	The commissioner shall administer the provisions of sections ~~326.37~~ 326.361 to 
89.6 	~~326.45~~ 326.44 and for such purposes may employ plumbing inspectors and other assistants. 
89.7 		Subd. 1a.Agreements with municipalities. The commissioner may enter into an 
89.8 	agreement with a municipality, in which the municipality agrees to perform plan and 
89.9 	specification reviews required to be performed by the commissioner under Minnesota 
89.10 	Rules, part 4715.3130, if:
89.11 	(a) the municipality has adopted:
89.12 	(1) the plumbing code;
89.13 	(2) an ordinance that requires plumbing plans and specifications to be submitted to, 
89.14 	reviewed, and approved by the municipality, except as provided in paragraph (h); 
89.15 	(3) an ordinance that authorizes the municipality to perform inspections required by 
89.16 	the plumbing code; and
89.17 	(4) an ordinance that authorizes the municipality to enforce the plumbing code in its 
89.18 	entirety, except as provided in paragraph (p);
89.19 	(b) the municipality agrees to review plumbing plans and specifications for all 
89.20 	construction for which the plumbing code requires the review of plumbing plans and 
89.21 	specifications, except as provided in paragraph (n);
89.22 	(c) the municipality agrees that, when it reviews plumbing plans and specifications 
89.23 	under paragraph (b), the review will:
89.24 	(1) reflect the degree to which the plans and specifications affect the public health 
89.25 	and conform to the provisions of the plumbing code;
89.26 	(2) ensure that there is no physical connection between water supply systems that 
89.27 	are safe for domestic use and those that are unsafe for domestic use; and
89.28 	(3) ensure that there is no apparatus through which unsafe water may be discharged 
89.29 	or drawn into a safe water supply system;
89.30 	(d) the municipality agrees to perform all inspections required by the plumbing 
89.31 	code in connection with projects for which the municipality reviews plumbing plans and 
89.32 	specifications under paragraph (b);
89.33 	(e) the commissioner determines that the individuals who will conduct the 
89.34 	inspections and the plumbing plan and specification reviews for the municipality do not 
89.35 	have any conflict of interest in conducting the inspections and the plan and specification 
89.36 	reviews;
90.1 	(f) individuals who will conduct the plumbing plan and specification reviews for 
90.2 	the municipality are: 
90.3 	(1) licensed master plumbers;
90.4 	(2) licensed professional engineers; or
90.5 	(3) individuals who are working under the supervision of a licensed professional 
90.6 	engineer and who: are licensed plumbers; hold a postsecondary degree in engineering; or 
90.7 	are certified by a national model code organization on plumbing systems;
90.8 	(g) individuals who will conduct the plumbing plan and specification reviews for 
90.9 	the municipality have passed a competency assessment required by the commissioner to 
90.10 	assess the individual's competency at reviewing plumbing plans and specifications;
90.11 	(h) individuals who will conduct the plumbing inspections for the municipality 
90.12 	are licensed master or journeyman plumbers, or inspectors meeting the competency 
90.13 	requirements established in rules adopted under section 16B.655;
90.14 	(i) the municipality agrees to enforce in its entirety the plumbing code on all 
90.15 	projects, except as provided in paragraph (p); 
90.16 	(j) the municipality agrees to keep official records of all documents received, 
90.17 	including plans, specifications, surveys, and plot plans, and of all plan reviews, permits 
90.18 	and certificates issued, reports of inspections, and notices issued in connection with 
90.19 	plumbing inspections and the review of plumbing plans and specifications;
90.20 	(k) the municipality agrees to maintain the records described in paragraph (j) in the 
90.21 	official records of the municipality for the period required for the retention of public 
90.22 	records under section 138.17, and shall make these records readily available for review at 
90.23 	the request of the commissioner;
90.24 	(l) the municipality and the commissioner agree that if at any time during the 
90.25 	agreement the municipality does not have in effect the plumbing code or any of ordinances 
90.26 	described in item (a), or if the commissioner determines that the municipality is not 
90.27 	properly administering and enforcing the plumbing code or is otherwise not complying 
90.28 	with the agreement:
90.29 	(1) the commissioner may, effective 14 days after the municipality's receipt of 
90.30 	written notice, terminate the agreement;
90.31 	(2) the municipality may challenge the termination in a contested case before the 
90.32 	commissioner pursuant to the Administrative Procedure Act; and
90.33 	(3) while any challenge is pending under item (2), the commissioner shall perform 
90.34 	plan and specification reviews within the municipality under Minnesota Rules, part 
90.35 	4715.3130;
91.1 	(m) the municipality and the commissioner agree that the municipality may terminate 
91.2 	the agreement with or without cause on 90 days' written notice to the commissioner;
91.3 	(n) the municipality and the commissioner agree that the municipality shall forward 
91.4 	to the state for review all plumbing plans and specifications for the following types of 
91.5 	projects within the municipality:
91.6 	(1) hospitals, nursing homes, supervised living facilities, and similar 
91.7 	health-care-related facilities regulated by the Minnesota Department of Health;
91.8 	(2) buildings owned by the federal or state government; and
91.9 	(3) projects of a special nature for which department review is requested by either 
91.10 	the municipality or the state;
91.11 	(o) where the municipality forwards to the state for review plumbing plans and 
91.12 	specifications, as provided in paragraph (n), the municipality shall not collect any fee for 
91.13 	plan review, and the commissioner shall collect all applicable fees for plan review; and
91.14 	(p) no municipality shall revoke, suspend, or place restrictions on any plumbing 
91.15 	license issued by the state.
91.16 		Subd. 1b.Existing agreements with municipalities. Any agreement between the 
91.17 	commissioner and a municipality in which the municipality has agreed to perform plan 
91.18 	and specification reviews required to be performed by the commissioner under Minnesota 
91.19 	Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall 
91.20 	remain in effect and shall not be required to be in compliance with subdivision 1a. If any 
91.21 	agreement to perform plan and specification reviews required to be performed by the 
91.22 	commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of 
91.23 	subdivision 1a is later terminated by operation of the terms of the agreement or by either 
91.24 	the commissioner or the municipality, or expires, then any new agreement between the 
91.25 	commissioner and the municipality to perform plan and specification reviews required to 
91.26 	be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply 
91.27 	with subdivision 1a.
91.28 		Subd. 2.Standards for capacity. ~~By January 1, 1993,~~ All new floor-mounted water 
91.29 	closets in areas under jurisdiction of the ~~State~~ plumbing code may not have a flush volume 
91.30 	of more than 1.6 gallons. The water closets must meet the standards ~~of the commissioner~~ 
91.31 	~~and~~ in the plumbing code and the standards of the American National Standards Institute.
91.32 		Subd. 3.Exemption. No license or registration authorized by ~~this section~~ sections 
91.33 	326.361 to 326.44 shall be required of any ~~contractor or employee~~ individual engaged 
91.34 	in or employed by a person engaged in the work or business of pipe laying outside of 
91.35 	buildings if such ~~person~~ individual or employer is engaged in a business or trade which 
91.36 	has traditionally performed such work within the state prior to January 1, 1994.

92.1 	Sec. 5. Minnesota Statutes 2006, section 326.38, is amended to read:
92.2 	326.38 LOCAL REGULATIONS.
92.3 	~~Any city having a system of waterworks or sewerage, or any town in which reside~~ 
92.4 	~~over 5,000 people exclusive of any statutory cities located therein, or the metropolitan~~ 
92.5 	~~airports commission,~~ Any of the following entities may, by ordinance, adopt local 
92.6 	regulations providing for plumbing permits, ~~bonds,~~ approval of plans and specifications, 
92.7 	and inspections of plumbing, which regulations are not in conflict with the plumbing 
92.8 	~~standards on the same subject prescribed by the state commissioner of health.~~ code: any 
92.9 	city having a system of waterworks or sewerage, regardless of population; any town 
92.10 	having a population of 5,000 or more according to the last federal census, exclusive of any 
92.11 	statutory cities located therein; and the Metropolitan Airports Commission. No ~~city or~~ 
92.12 	~~such town~~ such entity shall prohibit plumbers licensed by the ~~state~~ commissioner ~~of health~~
92.13 	from engaging in or working at the business of plumbing, except cities and statutory cities 
92.14 	which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No such 
92.15 	entity shall require any person who engages in the business of plumbing to post a bond 
92.16 	as a prerequisite for engaging in the business of plumbing, except the bond to the state 
92.17 	required under section 326.40 and except any performance bond required under a contract 
92.18 	with the person for the performance of plumbing work for the entity. No such entity shall 
92.19 	require any person who engages in the business of plumbing to maintain public liability 
92.20 	insurance as a prerequisite for engaging in the business of plumbing, except the insurance 
92.21 	required under section 326.40 and except any public liability insurance required under 
92.22 	a contract with the person for the performance of plumbing work for the entity. Any 
92.23 	city by ordinance may prescribe regulations, reasonable standards, and inspections and 
92.24 	grant permits to any person~~, firm, or corporation~~ engaged in the business of installing 
92.25 	water softeners, who is not licensed as a master plumber or journeyman plumber by the 
92.26 	~~state~~ commissioner ~~of health~~, to connect water softening and water filtering equipment 
92.27 	to private residence water distribution systems, where provision has been previously 
92.28 	made therefor and openings left for that purpose or by use of cold water connections to 
92.29 	a domestic water heater; where it is not necessary to rearrange, make any extension or 
92.30 	alteration of, or addition to any pipe, fixture or plumbing connected with the water system 
92.31 	except to connect the water softener, and provided the connections so made comply with 
92.32 	minimum standards prescribed by the ~~state~~ commissioner ~~of health~~.

92.33 	Sec. 6. Minnesota Statutes 2006, section 326.39, is amended to read:
92.34 	326.39 VIOLATIONS TO BE REPORTED TO ~~STATE~~ COMMISSIONER 
92.35 	~~OF HEALTH~~.
93.1 	Such local authority as may be designated by any such ordinance for the issuance of 
93.2 	such plumbing permits and approval of such plans shall report to the ~~state~~ commissioner 
93.3 	~~of health~~ persistent or willful violation of the same and any incompetence of a licensed 
93.4 	plumber observed by the local authority.

93.5 	Sec. 7. Minnesota Statutes 2006, section 326.40, is amended to read:
93.6 	326.40 LICENSING, BOND AND INSURANCE.
93.7 		Subdivision 1.~~License required~~ Plumbers must be licensed in certain cities; 
93.8 	master and journeyman plumbers; plumbing on one's own premises; rules for 
93.9 	examination. In any city ~~now or hereafter having 5,000 or more population~~ having a 
93.10 	population of 5,000 or more, according to the last federal census, and having a system 
93.11 	of waterworks or sewerage, no ~~person, firm, or corporation~~ individual shall engage in or 
93.12 	work at the business of a master plumber or journeyman plumber unless licensed to do so 
93.13 	by the ~~state~~ commissioner ~~of health~~. A master plumber may also work as a journeyman 
93.14 	plumber. ~~Anyone~~ Any individual not so licensed may do plumbing work which complies 
93.15 	with the provisions of the minimum standard prescribed by the ~~state~~ commissioner ~~of~~ 
93.16 	~~health~~ on premises or that part of premises owned and actually occupied by the worker as 
93.17 	a residence, unless otherwise forbidden to do so by a local ordinance.
93.18 	In any such city no person~~, firm, or corporation~~ shall engage in the business of 
93.19 	planning, superintending, or installing plumbing ~~nor~~ or shall install plumbing in connection 
93.20 	with the dealing in and selling of plumbing material and supplies unless at all times a 
93.21 	licensed master plumber, who shall be responsible for proper planning, superintending, 
93.22 	and installation, is in charge of the plumbing work of the person~~, firm, or corporation~~.
93.23 	The department ~~of Health~~ shall prescribe rules, not inconsistent herewith, for the 
93.24 	examination and licensing of plumbers.
93.25 		Subd. 2.Bond; insurance. Any person contracting to do plumbing work must give 
93.26 	bond to the state in the amount of $25,000 for all work entered into within the state. The 
93.27 	bond shall be for the benefit of persons injured or suffering financial loss by reason of 
93.28 	failure to comply with the requirements of the State Plumbing Code. ~~A~~ The bond ~~given to~~ 
93.29 	~~the state~~ shall be filed with the commissioner ~~of health~~ and ~~shall be in lieu of all other~~ 
93.30 	~~bonds to any political subdivision required for plumbing work. The bond~~ shall be written 
93.31 	by a corporate surety licensed to do business in the state.
93.32 	In addition, each applicant for a master plumber license or renewal thereof, ~~may~~
93.33 	shall provide evidence of public liability insurance, including products liability insurance 
93.34 	with limits of at least $50,000 per person and $100,000 per occurrence and property 
93.35 	damage insurance with limits of at least $10,000. The insurance shall be written by an 
94.1 	insurer licensed to do business in the state of Minnesota and each licensed master plumber 
94.2 	shall maintain on file with the ~~state~~ commissioner ~~of health~~ a certificate evidencing the 
94.3 	insurance providing that the insurance shall not be canceled without the insurer first giving 
94.4 	15 days written notice to the commissioner. The term of the insurance shall be concurrent 
94.5 	with the term of the license. ~~The certificate shall be in lieu of all other certificates required~~ 
94.6 	~~by any political subdivision for licensing purposes.~~
94.7 		Subd. 3.Bond and insurance exemption. If a master plumber ~~who is an employee~~ 
94.8 	~~of a master plumber or who is an employee engaged within the limits of property owned,~~ 
94.9 	~~leased and operated, or maintained by the employer, in the maintenance and repair of~~ 
94.10 	~~plumbing equipment, apparatus, or facilities owned or leased by the employer,~~who is in 
94.11 	compliance with the bond and insurance requirements of subdivision 2 employs another 
94.12 	master plumber, the employee master plumber shall not be required to meet the bond and 
94.13 	insurance requirements of subdivision 2. A master plumber who is an employee working 
94.14 	on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or 
94.15 	leased by their employer and which is within the limits of property owned or leased, and 
94.16 	operated or maintained by their employer, shall not be required to meet the bond and 
94.17 	insurance requirements of subdivision 2.
94.18 		~~Subd. 4.Alternative compliance.~~ ~~Compliance with the local bond requirements of~~ 
94.19 	~~a locale within which work is to be performed shall be deemed to satisfy the bond and~~ 
94.20 	~~insurance requirements of subdivision 2, provided the local ordinance requires at least a~~ 
94.21 	~~$25,000 bond.~~
94.22 		Subd. 5.Fee. ~~The state commissioner of health may charge~~ Each person giving 
94.23 	bond to the state under subdivision 2 shall pay the department an annual bond ~~filing~~
94.24 	registration fee ~~commensurate with the cost of administering the bond and insurance~~ 
94.25 	~~requirements of subdivision 2~~ of $40.

94.26 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
94.27 	amendments to subdivision 5 are effective July 1, 2007.

94.28 	Sec. 8. Minnesota Statutes 2006, section 326.401, is amended to read:
94.29 	326.401 PLUMBER'S ~~APPRENTICES~~ TRAINEES.
94.30 		Subdivision 1.Registration. ~~A~~ All plumber's ~~apprentice~~ trainees must be registered. 
94.31 	To be a registered plumber's trainee, an individual must either:
94.32 	(1) be an apprentice employed in the trade of plumbing under an apprenticeship 
94.33 	agreement approved by the department under Minnesota Rules, part 5200.0300; or
95.1 	(2) be registered with the commissioner ~~of health on a registration application form~~ 
95.2 	~~supplied by the commissioner showing the date of beginning training, age, schooling,~~ 
95.3 	~~previous experience, employer, and other information required by the commissioner.~~
95.4 	under subdivision 3. A registered plumber's trainee is authorized to assist in the installation 
95.5 	of plumbing only while under the direct supervision of a master or journeyman plumber. 
95.6 	The master or journeyman plumber is responsible for ensuring that all plumbing work 
95.7 	performed by the registered plumber's trainee complies with the plumbing code. 
95.8 		Subd. 2.Journeyman exam. A registered plumber's ~~apprentice~~ trainee who has 
95.9 	completed four years of practical plumbing experience is eligible to take the journeyman 
95.10 	plumbing examination. Up to 24 months of practical plumbing experience prior to 
95.11 	~~registration as an apprentice~~becoming a registered plumber's trainee may be applied to the 
95.12 	four-year experience requirement. However, none of this practical plumbing experience 
95.13 	may be applied if the ~~person~~ individual did not have any practical plumbing experience in 
95.14 	the 12-month period immediately prior to ~~registration~~ becoming a registered plumber's 
95.15 	trainee. The commissioner may adopt rules to evaluate whether the ~~person's~~ individual's
95.16 	past practical plumbing experience is applicable in preparing for the journeyman's 
95.17 	examination. If two years after completing the training the ~~person~~ individual has not taken 
95.18 	the examination, the four years of experience shall be forfeited.
95.19 	The commissioner may allow an extension of the two-year period for taking the 
95.20 	exam for cases of hardship or other appropriate circumstances.
95.21 		Subd. 3.Registration, rules, applications, renewals, and fees. ~~The Department of~~ 
95.22 	~~Health may assess fees to pay for the administration of the apprentice registration program.~~
95.23 	A plumber's trainee may register by completing and submitting to the commissioner a 
95.24 	registration form provided by the commissioner. A completed registration form must state 
95.25 	the date the trainee began training, the trainee's age, schooling, previous experience, and 
95.26 	employer, and other information required by the commissioner. The department may 
95.27 	prescribe rules, not inconsistent with this section, for the registration of plumber's trainees. 
95.28 	Each applicant for initial registration as a plumber's trainee shall pay the department 
95.29 	an application fee of $25. Applications for initial registration may be submitted at any 
95.30 	time. Registration must be renewed annually and shall be for the period from July 1 of 
95.31 	each year to June 30 of the following year. Applications for renewal registration must be 
95.32 	received by the commissioner by June 30 of each registration period on forms provided by 
95.33 	the commissioner, and must be accompanied by a fee of $25. An application for renewal 
95.34 	registration received on or after July 1 in any year but no more than three months after 
95.35 	expiration of the previously issued registration must pay the past due renewal fee plus a 
96.1 	late fee of $25. No applications for renewal registration will be accepted more than three 
96.2 	months after expiration of the previously issued registration.

96.3 	EFFECTIVE DATE. This section is effective July 1, 2007.

96.4 	Sec. 9. Minnesota Statutes 2006, section 326.405, is amended to read:
96.5 	326.405 RECIPROCITY WITH OTHER STATES.
96.6 	The commissioner ~~of health~~ may license without examination, upon payment of the 
96.7 	required fee, nonresident applicants who are licensed under the laws of a state having 
96.8 	standards for licensing plumbers which the commissioner determines are substantially 
96.9 	equivalent to the standards of this state if the other state grants similar privileges to 
96.10 	Minnesota residents duly licensed in this state.

96.11 	Sec. 10. Minnesota Statutes 2006, section 326.42, is amended to read:
96.12 	326.42 APPLICATIONS, FEES.
96.13 		Subdivision 1.Application. Applications for plumber's license shall be made to 
96.14 	the ~~state~~ commissioner ~~of health~~, with fee. Unless the applicant is entitled to a renewal, 
96.15 	the applicant shall be licensed by the ~~state~~ commissioner ~~of health~~ only after passing a 
96.16 	satisfactory examination by the examiners showing fitness. Unless examination fees have 
96.17 	been set by a contract under section 326B.05, examination fees for both journeyman and 
96.18 	master plumbers shall be ~~in an amount prescribed by the state commissioner of health~~ 
96.19 	~~pursuant to section  144.122~~ $50 for each examination. Upon being notified ~~that~~ of having 
96.20 	successfully passed the examination for original license the applicant shall submit an 
96.21 	application, with the license fee herein provided. ~~License fees shall be in an amount~~ 
96.22 	~~prescribed by the state commissioner of health pursuant to section  144.122. Licenses shall~~ 
96.23 	~~expire and be renewed as prescribed by the commissioner pursuant to section  144.122.~~
96.24 	The license fee for each initial and renewal master plumber's license shall be $120. The 
96.25 	license fee for each initial and renewal journeyman plumber's license shall be $55. The 
96.26 	commissioner may by rule prescribe for the expiration and renewal of licenses. Any 
96.27 	licensee who does not renew a license within two years after the license expires is no 
96.28 	longer eligible for renewal. Such an individual must retake and pass the examination 
96.29 	before a new license will be issued. A journeyman or master plumber who submits a 
96.30 	license renewal application after the time specified in rule but within two years after the 
96.31 	license expired must pay all past due renewal fees plus a late fee of $25.
96.32 		Subd. 2.Fees for plan reviews and audits. Plumbing system plans and 
96.33 	specifications that are submitted to the commissioner for review shall be accompanied by 
97.1 	the appropriate plan examination fees. If the commissioner determines, upon review of 
97.2 	the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior 
97.3 	to plan approval. The commissioner shall charge the following fees for plan reviews and 
97.4 	audits of plumbing installations for public, commercial, and industrial buildings:
97.5 	(1) systems with both water distribution and drain, waste, and vent systems and 
97.6 	having:
97.7 	(i) 25 or fewer drainage fixture units, $150;
97.8 	(ii) 26 to 50 drainage fixture units, $250;
97.9 	(iii) 51 to 150 drainage fixture units, $350;
97.10 	(iv) 151 to 249 drainage fixture units, $500;
97.11 	(v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum 
97.12 	of $4,000; and
97.13 	(vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch 
97.14 	basin design;
97.15 	(2) building sewer service only, $150;
97.16 	(3) building water service only, $150;
97.17 	(4) building water distribution system only, no drainage system, $5 per supply 
97.18 	fixture unit or $150, whichever is greater;
97.19 	(5) storm drainage system, a minimum fee of $150 or:
97.20 	(i) $50 per drain opening, up to a maximum of $500; and
97.21 	(ii) $70 per interceptor, separator, or catch basin design;
97.22 	(6) manufactured home park or campground, one to 25 sites, $300;
97.23 	(7) manufactured home park or campground, 26 to 50 sites, $350;
97.24 	(8) manufactured home park or campground, 51 to 125 sites, $400;
97.25 	(9) manufactured home park or campground, more than 125 sites, $500;
97.26 	(10) accelerated review, double the regular fee, one-half to be refunded if no 
97.27 	response from the commissioner within 15 business days; and
97.28 	(11) revision to previously reviewed or incomplete plans:
97.29 	(i) review of plans for which the commissioner has issued two or more requests for 
97.30 	additional information, per review, $100 or ten percent of the original fee, whichever 
97.31 	is greater;
97.32 	(ii) proposer-requested revision with no increase in project scope, $50 or ten percent 
97.33 	of original fee, whichever is greater; and
97.34 	(iii) proposer-requested revision with an increase in project scope, $50 plus the 
97.35 	difference between the original project fee and the revised project fee.
98.1 		Subd. 3.Inspection fees. The commissioner shall charge the following fees for 
98.2 	inspections under sections 326.361 to 326.44:

98.3 | Residential inspection fee (each visit) | $50
98.4

98.5

Public, commercial, and industrial 
inspections

Inspection fee

98.6 | 25 or fewer drainage fixture units | $300
98.7 | 26 to 50 drainage fixture units | $900
98.8 | 51 to 150 drainage fixture units | $1,200
98.9 | 151 to 249 drainage fixture units | $1,500
98.10 | 250 or more drainage fixture units | $1,800
98.11 | Callback fee (each visit) | $100

98.12 	EFFECTIVE DATE. This section is effective July 1, 2007.

98.13 	Sec. 11. [326B.41] PURPOSE.
98.14 	The purpose of sections 326B.41 to 326B.49 is to promote the public health and 
98.15 	safety through properly designed, acceptably installed, and adequately maintained 
98.16 	plumbing systems.

98.17 	Sec. 12. [326B.42] DEFINITIONS.
98.18 		Subdivision 1.Words, terms, and phrases. For purposes of sections 326B.41 to 
98.19 	326B.49, the terms defined in this section have the meanings given to them.
98.20 		Subd. 2.Direct supervision. The term "direct supervision," with respect to direct 
98.21 	supervision of a plumber's trainee by a master or journeyman plumber, means that:
98.22 	(1) at all times while the plumber's trainee is performing plumbing work, the master 
98.23 	or journeyman plumber is present at the location where the plumber's trainee is working;
98.24 	(2) the master or journeyman plumber is immediately available to the plumber's 
98.25 	trainee at all times for assistance and direction;
98.26 	(3) the master or journeyman plumber actually reviews the plumbing work 
98.27 	performed by the plumber's trainee before the plumbing is operated; and
98.28 	(4) the master or journeyman plumber is able to and does determine that all 
98.29 	plumbing work performed by the plumber's trainee is performed in compliance with 
98.30 	the plumbing code.
98.31 		Subd. 5.Municipality. The term "municipality" shall have the meaning given to it 
98.32 	in section 16B.60, subdivision 3.
98.33 		Subd. 6.Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.

98.34 	Sec. 13. REVISOR'S INSTRUCTION.
 99.1 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
99.2 	column A with the number listed in column B. The revisor shall also make necessary 
99.3 	cross-referenced changes consistent with the renumbering.

99.4 | Column A | Column B
99.5 | 326.01, subd. 7 | 326B.42, subd. 3
99.6 | 326.01, subd. 8 | 326B.42, subd. 4
99.7 | 326.01, subd. 9 | 326B.42, subd. 7
99.8 | 326.37 | 326B.43
99.9 | 326.38 | 326B.44
99.10 | 326.39 | 326B.45
99.11 | 326.40 | 326B.46
99.12 | 326.401 | 326B.47
99.13 | 326.405 | 326B.48
99.14 | 326.42 | 326B.49

99.15 	ARTICLE 7
99.16 	WATER CONDITIONING CONTRACTORS AND INSTALLERS

99.17 	Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
99.18 		Subdivision 1.Rulemaking by commissioner ~~of health~~. The ~~state~~ commissioner 
99.19 	~~of health~~ shall, by rule, prescribe minimum standards which shall be uniform, and 
99.20 	which standards shall thereafter be effective for all new water conditioning servicing 
99.21 	and water conditioning installations, including additions, extensions, alterations, and 
99.22 	replacements connected with any water or sewage disposal system owned or operated by 
99.23 	or for any municipality, institution, factory, office building, hotel, apartment building or 
99.24 	any other place of business, regardless of location or the population of the city, county 
99.25 	or town in which located. ~~Such rules, upon approval of the attorney general and their~~ 
99.26 	~~legal publication, shall have the force of law, and the violation of any part thereof shall~~ 
99.27 	~~constitute a misdemeanor and may be enjoined by the attorney general.~~

99.28 	Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:
99.29 	326.58 LOCAL REGULATIONS.
99.30 	Any city or town with a population of 5,000 or more ~~persons~~ according to the last 
99.31 	federal census may, by ordinance, adopt local regulations providing for water conditioning 
99.32 	permits, bonds, approval of plans, and inspections of water conditioning installations and 
99.33 	servicing, which regulations shall not be in conflict with the water conditioning standards 
99.34 	on the same subject prescribed by the ~~state~~ commissioner ~~of health~~. No such city or 
100.1 	town shall prohibit water conditioning contractors or installers licensed by the ~~state~~
100.2 	commissioner ~~of health~~ from engaging in or working at the business.

100.3 	Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:
100.4 	326.59 VIOLATIONS TO BE REPORTED TO ~~STATE~~ COMMISSIONER 
100.5 	~~OF HEALTH~~.
100.6 	Such local authority as may be designated by any such ordinance for the issuance 
100.7 	of such water conditioning installation and servicing permits and approval of such plans 
100.8 	shall report to the ~~state~~ commissioner ~~of health~~ persistent or willful violations of the 
100.9 	same and any incompetence of a licensed water conditioning contractor or licensed water 
100.10 	conditioning installer observed by the local authority.

100.11 	Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:
100.12 	326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
100.13 		Subdivision 1.Licensing in certain cities. In any city or town ~~now or hereafter~~
100.14 	having a population of 5,000 or more according to the last federal census, no person~~, firm,~~ 
100.15 	~~or corporation~~ shall engage in or work at the business of water conditioning installation or 
100.16 	servicing after January 1, 1970, unless ~~(a)~~ (1) at all times ~~a person~~ an individual licensed 
100.17 	as a water conditioning contractor by the ~~state~~ commissioner ~~of health~~ shall be responsible 
100.18 	for the proper water conditioning installation and servicing work of such person~~, firm, or~~ 
100.19 	~~corporation~~, and ~~(b)~~ (2) all installations, other than exchanges of portable equipment, are 
100.20 	~~actually made~~ performed by a licensed water conditioning contractor or licensed water 
100.21 	conditioning installer. ~~Anyone~~ Any individual not so licensed may ~~do~~ perform water 
100.22 	conditioning work ~~which~~ that complies with ~~the provisions of~~ the minimum standard 
100.23 	prescribed by the ~~state~~ commissioner ~~of health~~ on premises or that part of premises owned 
100.24 	and ~~actually~~ occupied by the worker as a residence, unless otherwise ~~forbidden to do so~~
100.25 	prohibited by a local ordinance.
100.26 		Subd. 2.Qualifications for licensing. A water conditioning contractor license 
100.27 	shall be issued only to ~~a person~~ an individual who has demonstrated skill in planning, 
100.28 	superintending, and servicing water conditioning installations. A water conditioning 
100.29 	installer license shall only be issued to ~~a person~~ an individual other than a water 
100.30 	conditioning contractor who has demonstrated practical knowledge of water conditioning 
100.31 	installation.
100.32 		Subd. 3.Rules. The ~~state~~ commissioner ~~of health~~ shall:
100.33 	~~(a)~~ (1) prescribe rules, not inconsistent herewith, for the licensing of water 
100.34 	conditioning contractors and installers;
101.1 	~~(b)~~ (2) license water conditioning contractors and installers;
101.2 	~~(c)~~ (3) prescribe rules not inconsistent herewith for the examining of water 
101.3 	conditioning contractors and installers prior to first granting a license as a water 
101.4 	conditioning contractor or water conditioning installer; and
101.5 	~~(d)~~ (4) collect an examination fee from each examinee for a license as a water 
101.6 	conditioning contractor and ~~a~~ an examination fee from each examinee for a license 
101.7 	as a water conditioning installer in an amount ~~prescribed by the state commissioner of~~ 
101.8 	~~health pursuant to~~ set forth in section ~~144.122~~ 326.62. A water conditioning installer 
101.9 	must successfully pass the examination for water conditioning contractors before being 
101.10 	licensed as a water conditioning contractor. 

101.11 	Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:
101.12 	326.601 ALTERNATIVE STATE BONDING AND INSURANCE 
101.13 	REGULATION.
101.14 		Subdivision 1.Bonds. (a) An applicant for a water conditioning contractor or 
101.15 	installer license or renewal thereof who is required by any political subdivision to give a 
101.16 	bond to obtain or maintain the license, may comply with any political subdivision bonding 
101.17 	requirement by giving a bond to the state as described in paragraph (b). No applicant for a 
101.18 	water conditioning contractor or installer license who maintains the bond under paragraph 
101.19 	(b) shall be otherwise required to meet the bond requirements of any political subdivision.
101.20 	(b) Each bond given to the state under this subdivision shall be in the total ~~penal~~ sum 
101.21 	of $3,000 conditioned upon the faithful and lawful performance of all water conditioning 
101.22 	contracting or installing work done within the state. The bond shall be for the benefit of 
101.23 	persons suffering injuries or damages due to the work. The bond shall be filed with the 
101.24 	commissioner ~~of health~~ and shall be written by a corporate surety licensed to do business 
101.25 	in this state. ~~No applicant for a water conditioning contractor or installer license who~~ 
101.26 	~~maintains the bond under this subdivision shall be otherwise required to meet the bond~~ 
101.27 	~~requirements of any political subdivision.~~ The bond must remain in effect at all times 
101.28 	while the application is pending and while the license is in effect.
101.29 		Subd. 2.Insurance. (a) Each applicant for a water conditioning contractor or 
101.30 	installer license or renewal thereof ~~may, in lieu of all other insurance requirements of any~~ 
101.31 	~~political subdivision for said licensing purposes, maintain the insurance specified by~~ 
101.32 	~~this subdivision.~~ who is required by any political subdivision to maintain insurance to 
101.33 	obtain or maintain the license may comply with any political subdivision's insurance 
101.34 	requirement by maintaining the insurance described in paragraph (b). No applicant for a 
101.35 	water conditioning contractor or installer license who maintains the insurance described 
102.1 	in paragraph (b) shall be otherwise required to meet the insurance requirements of any 
102.2 	political subdivision.
102.3 	(b) The insurance shall provide coverage, including products liability coverage, 
102.4 	for all damages in connection with licensed work for which the licensee is liable, with 
102.5 	personal damage limits of at least $50,000 per person and $100,000 per occurrence and 
102.6 	property damage insurance with limits of at least $10,000. The insurance shall be written 
102.7 	by an insurer licensed to do business in this state and ~~each licensed water conditioning~~ 
102.8 	~~contractor or installer shall maintain on file with the commissioner of health~~ a certificate 
102.9 	evidencing the insurance shall be filed with the commissioner. The insurance must remain 
102.10 	in effect at all times while the application is pending and while the license is in effect. The 
102.11 	insurance shall not be canceled without the insurer first giving 15 days' written notice to 
102.12 	the commissioner.
102.13 		Subd. 3.Bond and insurance exemption. A water conditioning contractor or 
102.14 	installer who is an employee of a water conditioning contractor or installer, including 
102.15 	an employee engaged in the maintenance and repair of water conditioning equipment, 
102.16 	apparatus, or facilities owned, leased and operated, or maintained by the employer, is 
102.17 	not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of 
102.18 	any political subdivision.
102.19 		Subd. 4.Fee. The commissioner ~~of health may establish by rule an additional~~ 
102.20 	~~fee commensurate with the cost of administering the bond and insurance requirements~~ 
102.21 	~~of subdivisions 1 and 2, which may be charged~~ shall collect a $40 bond registration fee 
102.22 	from each applicant for issuance or renewal of a water conditioning contractor or installer 
102.23 	license who elects to proceed under subdivisions 1 and 2.

102.24 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
102.25 	amendments to subdivision 4 are effective July 1, 2007.

102.26 	Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
102.27 		Subdivision 1.Water conditioning installation. "Water conditioning installation" 
102.28 	~~as used in sections  326.57 to  326.65~~ means the installation of appliances, appurtenances, 
102.29 	and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical 
102.30 	or bacterial content, said installation to be made in a water distribution system serving a 
102.31 	single family residential unit, which has been initially established by a licensed plumber, 
102.32 	and does not involve a direct connection without an air gap to a soil or waste pipe. 

102.33 	Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
103.1 		Subd. 2.Water conditioning servicing. "Water conditioning servicing" ~~as used in~~ 
103.2 	~~sections  326.57 to  326.65~~ means the servicing (including servicing prior to installation) of 
103.3 	a water conditioning installation. 

103.4 	Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
103.5 		Subd. 3.Rules. In order to provide effective protection of the public health, the 
103.6 	~~state~~ commissioner ~~of health~~ may by rule prescribe limitations on the nature of alteration 
103.7 	to, extension of, or connection with, the said water distribution system initially established 
103.8 	by a licensed plumber which may be performed by a person licensed hereunder, and may 
103.9 	by rule in appropriate instances require filing of plans, blueprints and specifications prior 
103.10 	to commencement of installation. ~~Such rules, upon approval of the attorney general and~~ 
103.11 	~~their legal publication, shall have the force of law, and the violation of any part thereof~~ 
103.12 	~~shall constitute a misdemeanor.~~ The installation of water heaters shall not constitute water 
103.13 	conditioning installation and consequently such work shall be accomplished in accordance 
103.14 	with the provisions of sections ~~326.37~~ 326.361 to ~~326.45~~ 326.44. 

103.15 	Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
103.16 		Subd. 4.Single family residential unit. "Single family residential unit" ~~as used in~~ 
103.17 	~~sections  326.57 to  326.65~~ means a building or portion thereof which is arranged, designed, 
103.18 	used or intended to be used for residential occupancy by one family, but not including a 
103.19 	motel, hotel or rooming house. 

103.20 	Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:
103.21 	326.62 ~~APPLICATIONS;~~ FEES.
103.22 	~~Applications for water conditioning contractor's or installer's licenses shall be~~ 
103.23 	~~made to the state commissioner of health with the fee prescribed by the commissioner~~ 
103.24 	~~pursuant to section  144.122. Licenses shall expire and be renewed as prescribed by~~ 
103.25 	~~the commissioner pursuant to section  144.122.~~ Unless examination fees have been set 
103.26 	by a contract under section 326B.05, examination fees for both water conditioning 
103.27 	contractors and water conditioning installers shall be $50 for each examination. Each 
103.28 	water conditioning contractor and installer license shall expire on December 31 of the year 
103.29 	for which it was issued. The license fee for each initial water conditioning contractor's 
103.30 	license shall be $70, except that the license fee shall be $35 if the application is submitted 
103.31 	during the last three months of the calendar year. The license fee for each renewal water 
103.32 	conditioning contractor's license shall be $70. The license fee for each initial water 
103.33 	conditioning installer license shall be $35, except that the license fee shall be $17.50 if the 
104.1 	application is submitted during the last three months of the calendar year. The license fee 
104.2 	for each renewal water conditioning installer license shall be $35. The commissioner may 
104.3 	by rule prescribe for the expiration and renewal of licenses. Any licensee who does not 
104.4 	renew a license within two years after the license expires is no longer eligible for renewal. 
104.5 	Such an individual must retake and pass the examination before a new license will be 
104.6 	issued. A water conditioning contractor or water conditioning installer who submits a 
104.7 	license renewal application after the time specified in rule but within two years after the 
104.8 	license expired must pay all past due renewal fees plus a late fee of $25.

104.9 	EFFECTIVE DATE. This section is effective July 1, 2007.

104.10 	Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:
104.11 	326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
104.12 	The provisions of sections  326.57 to  326.65~~which~~ that require ~~the obtaining of~~
104.13 	licenses to engage in the work or business of water conditioning installation, and the 
104.14 	provisions ~~which~~ that provide for the examination of applicants for such licenses, shall 
104.15 	only apply to work accomplished in cities or towns having populations of 5,000 or more 
104.16 	according to the last federal census, and shall not apply to master plumbers and journeymen 
104.17 	plumbers licensed under the provisions of sections ~~326.37~~ 326.361 to ~~326.45~~ 326.44. 

104.18 	Sec. 12. [326B.50] DEFINITIONS.
104.19 		Subdivision 1.Words, terms, and phrases. For the purposes of sections 326B.50 
104.20 	to 326B.59, the terms defined in this section have the meanings given them.

104.21 	Sec. 13. REVISOR'S INSTRUCTION.
 104.22 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
104.23 	column A with the number listed in column B. The revisor shall also make necessary 
104.24 	cross-reference changes consistent with the renumbering.

104.25 | Column A | Column B
104.26 | 326.57 | 326B.52
104.27 | 326.58 | 326B.53
104.28 | 326.59 | 326B.54
104.29 | 326.60 | 326B.55
104.30 | 326.601 | 326B.56
104.31 | 326.61, subd. 1 | 326B.50, subd. 3
104.32 | 326.61, subd. 2 | 326B.50, subd. 4
104.33 | 326.61, subd. 3 | 326B.57
104.34 | 326.61, subd. 4 | 326B.50, subd. 2
105.1 | 326.62 | 326B.58
105.2 | 326.65 | 326B.59

105.3 	ARTICLE 8
105.4 	RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

105.5 	Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:
105.6 	325E.58 SIGN CONTRACTOR; BOND.
105.7 	(a) A sign contractor may post a compliance bond with the commissioner, 
105.8 	conditioned that the sign contractor shall faithfully perform duties and comply with laws, 
105.9 	ordinances, rules, and contracts entered into for the installation of signs. The bond must 
105.10 	be renewed annually and maintained for so long as determined by the commissioner. The 
105.11 	aggregate liability of the surety on the bond to any and all persons, regardless of the 
105.12 	number of claims made against the bond, may not exceed the annual amount of the bond. 
105.13 	The bond may be canceled as to future liability by the surety upon 30 days' written notice 
105.14 	mailed to the commissioner by United States mail.
105.15 	(b) The amount of the bond shall be $8,000. The bond may be drawn upon only by 
105.16 	a local unit of government that requires sign ~~installers~~ contractors to post a compliance 
105.17 	bond. The bond is in lieu of any compliance bond required by a local unit of government.
105.18 	(c) For purposes of this section, "sign" means a device, structure, fixture, or 
105.19 	placard using graphics, symbols, or written copy that is erected on the premises of an 
105.20 	establishment including the name of the establishment or identifying the merchandise, 
105.21 	services, activities, or entertainment available on the premises.

105.22 	Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
105.23 		Subd. 6.Lessee. "Lessee" means one who rents or leases residential real estate 
105.24 	pursuant to a written lease agreement of at least one year's duration.

105.25 	Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
105.26 		Subd. 7.Licensee. "Licensee" means a residential building contractor, residential 
105.27 	remodeler, manufactured home installer, or residential roofer licensed under sections 
105.28 	326.83 to  ~~326.991~~ 326.98. 

105.29 	Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
105.30 		Subd. 11.Owner. ~~Except in section  326.91, subdivision 1, "owner" means a person~~ 
105.31 	~~who has any legal or equitable interest in real property. For purposes of sections  326.83~~
106.1 	~~to  326.991, "owner" does not include a residential building contractor or residential~~ 
106.2 	~~remodeler who constructs or improves its own property for purposes of speculation. A~~ 
106.3 	~~residential building contractor or residential remodeler will be presumed to be building or~~ 
106.4 	~~improving for purposes of speculation if it constructs or improves more than one property~~ 
106.5 	~~within any 24-month period.~~ "Owner," when used in connection with real property, means 
106.6 	a person who has any legal or equitable interest in the real property.

106.7 	Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
106.8 		Subd. 18.Residential roofer. "Residential roofer" means a person in the business 
106.9 	of contracting, or offering to contract with an owner, to complete work on residential real 
106.10 	estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of 
106.11 	roof systems, but not construction of new roof systems.

106.12 	Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
106.13 		Subd. 19.Special skill. "Special skill" means one of the following eight categories:
106.14 	(a)  Excavation. Excavation includes work in any of the following areas: 
106.15 	(1) excavation;
106.16 	(2) trenching;
106.17 	(3) grading; and
106.18 	(4) site grading.
106.19 	(b)  Masonry and concrete. Masonry and concrete includes work in any of the 
106.20 	following areas: 
106.21 	(1) drain systems;
106.22 	(2) poured walls;
106.23 	(3) slabs and poured-in-place footings;
106.24 	(4) masonry walls;
106.25 	(5) masonry fireplaces;
106.26 	(6) masonry veneer; and
106.27 	(7) water resistance and waterproofing.
106.28 	(c)  Carpentry. Carpentry includes work in any of the following areas: 
106.29 	(1) rough framing;
106.30 	(2) finish carpentry;
106.31 	(3) doors, windows, and skylights;
106.32 	(4) porches and decks, excluding footings;
106.33 	(5) wood foundations; and
106.34 	(6) drywall installation, excluding taping and finishing.
107.1 	(d)  Interior finishing. Interior finishing includes work in any of the following areas: 
107.2 	(1) floor covering;
107.3 	(2) wood floors;
107.4 	(3) cabinet and counter top installation;
107.5 	(4) insulation and vapor barriers;
107.6 	(5) interior or exterior painting;
107.7 	(6) ceramic, marble, and quarry tile;
107.8 	(7) ornamental guardrail and installation of prefabricated stairs; and
107.9 	(8) wallpapering.
107.10 	(e)  Exterior finishing. Exterior finishing includes work in any of the following 
107.11 	areas: 
107.12 	(1) siding;
107.13 	(2) soffit, fascia, and trim;
107.14 	(3) exterior plaster and stucco;
107.15 	(4) painting; and
107.16 	(5) rain carrying systems, including gutters and down spouts.
107.17 	(f)  Drywall and plaster. Drywall and plaster includes work in any of the following 
107.18 	areas: 
107.19 	(1) installation;
107.20 	(2) taping;
107.21 	(3) finishing;
107.22 	(4) interior plaster;
107.23 	(5) painting; and
107.24 	(6) wallpapering.
107.25 	(g)  Residential roofing. Residential roofing includes work in any of the following 
107.26 	areas: 
107.27 	(1) roof coverings;
107.28 	(2) roof sheathing;
107.29 	(3) roof weatherproofing and insulation; and
107.30 	(4) repair of roof support system, but not construction of new roof support system.
107.31 	(h)  General installation specialties. Installation includes work in any of the 
107.32 	following areas: 
107.33 	(1) garage doors and openers;
107.34 	(2) pools, spas, and hot tubs;
107.35 	(3) fireplaces and wood stoves;
107.36 	(4) asphalt paving and seal coating; and
108.1 	(5) ~~exterior plaster and stucco; and~~
108.2 	~~(6)~~ ornamental guardrail and prefabricated stairs.

108.3 	Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:
108.4 		Subd. 20.Specialty contractor. "Specialty contractor" means a person in the 
108.5 	business of contracting or offering to contract to build or improve residential real estate by 
108.6 	providing only one special skill as defined in this section.

108.7 	Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:
108.8 	326.84 LICENSING REQUIREMENTS.
108.9 		Subdivision 1.Persons required to be licensed. A person who meets the definition 
108.10 	of a residential building contractor as defined in section 326.83, subdivision 15, must be 
108.11 	licensed as a residential building contractor by the commissioner. A person who meets 
108.12 	the definition of a residential remodeler as defined in section  326.83, subdivision ~~16,~~ 
108.13 	~~or a residential building contractor as defined in section  326.83, subdivision 15, must~~ 
108.14 	~~be licensed as a residential building contractor or residential remodeler.~~16, must be 
108.15 	licensed by the commissioner as a residential remodeler or residential building contractor. 
108.16 	A person who meets the definition of a residential roofer as defined in section 18 must 
108.17 	be licensed by the commissioner as a residential roofer, residential building contractor, 
108.18 	or residential remodeler. A person who meets the definition of a manufactured home 
108.19 	installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured 
108.20 	home installer by the commissioner.
108.21 		Subd. 1a.Persons who may be licensed. A person who meets the definition of 
108.22 	a specialty contractor as defined in section  326.83, subdivision ~~20~~ 19, may be licensed
108.23 	by the commissioner as a residential building contractor or residential remodeler ~~unless~~ 
108.24 	~~required to be licensed by the state as a specialty contractor~~. 
108.25 		Subd. 1b.Prohibition. Except as provided in subdivision 3, no persons required 
108.26 	to be licensed by subdivision 1 may act or hold themselves out as a residential building 
108.27 	~~contractors or~~ contractor, residential ~~remodelers~~ remodeler, residential roofer, or 
108.28 	manufactured home installer for compensation without a ~~valid~~ license issued by the 
108.29 	commissioner.
108.30 		Subd. 1c.Licensing criteria. The examination and education requirements for 
108.31 	licensure under sections  326.84 to  ~~326.991~~ 326.98 must be fulfilled by a qualifying person 
108.32 	designated by the potential licensee. If the qualifying person is a managing employee, the 
108.33 	qualifying person must be an employee who is regularly employed by the licensee and 
108.34 	is actively engaged in the business of residential contracting or residential remodeling 
109.1 	on behalf of the licensee. For a sole proprietorship, the qualifying person must be the 
109.2 	proprietor or managing employee. For a partnership, the qualifying person must be a 
109.3 	general partner or managing employee. For a limited liability company, the qualifying 
109.4 	person must be a chief manager or managing employee. For a corporation, the qualifying 
109.5 	person must be ~~a chief executive officer~~ an owner, officer, or managing employee. A 
109.6 	qualifying person for a corporation or limited liability company may act as ~~a~~the qualifying 
109.7 	person for ~~one additional corporation if one of the following conditions exists:~~ 
109.8 	~~(1) there is a common ownership of at least 25 percent of each licensed corporation~~ 
109.9 	~~for which the person acts in a qualifying capacity; or~~
109.10 	~~(2) one corporation is a subsidiary of another corporation for which the same person~~ 
109.11 	~~acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of~~ 
109.12 	~~which at least 25 percent is owned by the parent corporation.~~ more than one corporation 
109.13 	or limited liability company if there is common ownership of at least 25 percent among 
109.14 	each of the licensed corporations or limited liability companies for which the person 
109.15 	acts in the capacity of qualifying person.
109.16 		Subd. 1d.Required information. (a) Each licensee or applicant for licensure shall 
109.17 	provide to the commissioner a current street address and telephone number where the 
109.18 	licensee resides, and a street address and telephone number where the licensee's business 
109.19 	is physically located. A post office box address is not sufficient to satisfy this requirement. 
109.20 	Each licensee or applicant for licensure must notify the commissioner in writing of any 
109.21 	change in the required information within 15 days of the change.
109.22 	(b) Each licensee or applicant for licensure must notify the commissioner in writing 
109.23 	upon any change in control, ownership, officers or directors, personal name, business 
109.24 	name, license name, or qualifying person, within 15 days of the change.
109.25 	(c) Each licensee or applicant for licensure must notify the commissioner in writing if 
109.26 	the licensee or applicant for licensure is found to be a judgment debtor based upon conduct 
109.27 	requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
109.28 	(d) Each licensee or applicant for licensure must notify the commissioner in writing 
109.29 	within 15 days of filing a petition for bankruptcy.
109.30 	(e) Each licensee or applicant for licensure must notify the commissioner in writing 
109.31 	within ten days if the licensee or applicant for licensure has been found guilty of a felony, 
109.32 	gross misdemeanor, misdemeanor, or any comparable offense related to residential 
109.33 	contracting, including convictions of fraud, misrepresentation, misuse of funds, theft, 
109.34 	criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this 
109.35 	or any other state or any other United States jurisdiction.
109.36 		Subd. 3.Exemptions. The license requirement does not apply to:
110.1 	(1) an employee of a licensee performing work for the licensee;
110.2 	(2) a material person, manufacturer, or retailer furnishing finished products, 
110.3 	materials, or articles of merchandise who does not install or attach the items;
110.4 	(3) an owner ~~or owners~~ of residential real estate who ~~build or improve~~ builds or 
110.5 	improves any structure on  residential real estate ~~and who do the work themselves or~~ 
110.6 	~~jointly with the owner's own~~, if the building or improving is performed by the owner's
110.7 	bona fide employees or by individual owners personally. This exemption does not apply 
110.8 	to ~~a person who engages in a pattern of building or improving real estate for purposes of~~ 
110.9 	~~resale. Such a pattern is presumed to exist if the person constructs or improves more~~ 
110.10 	~~than one property within any 24-month period;~~ an owner who constructs or improves 
110.11 	property for purposes of speculation if the building or improving is performed by the 
110.12 	owner's bona fide employees or by individual owners personally. A residential building 
110.13 	contractor or residential remodeler will be presumed to be building or improving for 
110.14 	purposes of speculation if the contractor or remodeler constructs or improves more than 
110.15 	one property within any 24-month period.
110.16 	(4) an architect or professional engineer engaging in professional practice as defined 
110.17 	~~in this chapter~~ by section 326.02, subdivisions 2 and 3;
110.18 	(5) a person whose total gross annual receipts ~~from projects regulated under this~~ 
110.19 	~~section~~ for performing specialty skills for which licensure would be required under this 
110.20 	section do not exceed $15,000;
110.21 	(6) a mechanical contractor;
110.22 	(7) a plumber, electrician, or other person whose profession is otherwise subject to 
110.23 	statewide licensing, when engaged in the activity which is the subject of that licensure;
110.24 	(8) specialty contractors who provide only one special skill as defined in section  
110.25 	326.83; 
110.26 	(9) a school district, or a technical college governed under chapter 136F; and
110.27 	~~(10) manufactured housing installers; and~~
110.28 	~~(11)~~ (10) Habitat for Humanity and Builders Outreach Foundation, and their 
110.29 	individual volunteers when engaged in activities on their behalf.
110.30 	To qualify for the exemption in clause (5), a person must obtain a certificate of 
110.31 	exemption from ~~licensing~~ licensure from the commissioner.
110.32 	A certificate of exemption will be issued upon the applicant's filing with the 
110.33 	commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in 
110.34 	gross annual receipts derived from ~~contracting activities during the calendar year for which~~ 
110.35 	~~the exemption is requested~~ performing services which require licensure under this section.
111.1 	To renew the exemption in clause (5), the applicant must file an affidavit stating that 
111.2 	the applicant did not exceed $15,000 in gross annual receipts during the past calendar 
111.3 	year~~, and the applicant does not expect to exceed $15,000 in gross annual receipts during~~ 
111.4 	~~the calendar year for which the exemption is requested~~.
111.5 	If a person, operating under the exemption in clause (5), exceeds $15,000 in gross 
111.6 	receipts during any calendar year, the person must immediately surrender the exemption 
111.7 	certificate and apply for the appropriate license. The person must remain licensed until 
111.8 	such time as the person's gross annual receipts during a calendar year fall below $15,000. 
111.9 	The person may then apply for ~~this~~ an exemption for the next calendar year.

111.10 	Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:
111.11 	326.841 MANUFACTURED HOME INSTALLERS.
111.12 	(a) Manufactured home installers are subject to all of the requirements of sections  
111.13 	326.83 to  326.98, except for the following: 
111.14 	~~(1) manufactured home installers are not members of the advisory council under~~ 
111.15 	~~section  326.85;~~ 
111.16 	~~(2)~~ (1) manufactured home installers are not subject to the continuing education 
111.17 	requirements of section  326.87,  but are subject to the continuing education requirements 
111.18 	established in rules adopted under section 327B.10; 
111.19 	~~(3)~~ (2) the examination requirement of section  326.89, subdivision 3, for 
111.20 	manufactured home installers shall be satisfied by successful completion of a written 
111.21 	examination ~~designed~~ administered and developed specifically for the examination of 
111.22 	manufactured home installers. The examination must be ~~designed~~ administered and 
111.23 	developed by the commissioner ~~in conjunction with the state building code division~~. The 
111.24 	commissioner and ~~State Building Code Division~~ the state building official shall seek 
111.25 	advice on the grading, monitoring, and updating of examinations from the Minnesota 
111.26 	Manufactured Housing Association; 
111.27 	~~(4) the amount of the bond required by section  326.94 shall be $2,500 for~~ 
111.28 	~~manufactured home installers;~~ 
111.29 	~~(5)~~ (3) a local government unit may not place a surcharge on a license fee, and 
111.30 	may not charge a separate fee to installers;
111.31 	~~(6)~~ (4) a dealer or distributor who does not install or repair manufactured homes is 
111.32 	exempt from licensure under sections  326.83 to  326.98; ~~and~~ 
111.33 	~~(7)~~ (5) the exemption under section  326.84, subdivision 3, clause (5), does not 
111.34 	apply~~.~~; and
112.1 	(6) manufactured home installers are not subject to the contractor recovery fund 
112.2 	in section 326.975.
112.3 	(b) The commissioner may waive all or part of the requirements for licensure 
112.4 	as a manufactured home installer for any individual who holds an unexpired license or 
112.5 	certificate issued by any other state or other United States jurisdiction if the licensing 
112.6 	requirements of that jurisdiction meet or exceed the corresponding licensing requirements 
112.7 	of the department.

112.8 	Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:
112.9 	326.842 RESIDENTIAL ROOFERS.
112.10 	Residential roofers are subject to all of the requirements of sections  326.83 to  326.98
112.11 	~~and  326.991~~, except the recovery fund in section  326.975. 

112.12 	Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:
112.13 	326.86 FEES.
112.14 		Subdivision 1.Licensing fee. The licensing fee for persons licensed pursuant to 
112.15 	sections  326.83 to  ~~326.991~~ 326.98 is ~~$100~~ $70 per year. 
112.16 		Subd. 2.Local surcharge. A local government unit may place a surcharge in an 
112.17 	amount no greater than $5 on each land use, zoning, or building permit that requires a 
112.18 	licensed residential building contractor, residential remodeler, ~~or specialty contractor~~
112.19 	residential roofer, or manufactured home installer for the purpose of license verification. 
112.20 	The local government may verify a license by telephone ~~or~~, facsimile ~~machine~~ or 
112.21 	electronic communication. A local government unit shall not issue a land use, zoning, or 
112.22 	building permit unless the required license has been verified and is current.

112.23 	EFFECTIVE DATE. The amendments to subdivision 1 are effective July 1, 2007. 
112.24 	The amendments to subdivision 2 are effective December 1, 2007.

112.25 	Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:
112.26 	326.87 CONTINUING EDUCATION.
112.27 		Subdivision 1.Standards. The commissioner~~, in consultation with the council,~~ may
112.28 	by rule adopt standards for continuing education requirements and course and instructor 
112.29 	approval. The standards must include requirements for continuing education in the 
112.30 	implementation of energy codes applicable to buildings and other building codes designed 
112.31 	to conserve energy. ~~Except for the course content, the standards must be consistent~~ 
112.32 	~~with the standards established for real estate agents and other professions licensed by~~ 
113.1 	~~the Department of Commerce. At a minimum, the content of one hour of any required~~ 
113.2 	~~continuing education must contain information on lead abatement rules and safe lead~~ 
113.3 	~~abatement procedures.~~
113.4 		Subd. 2.Hours. A qualifying person of a licensee must provide proof of completion 
113.5 	of seven hours of continuing education per year in the regulated industry in which the 
113.6 	licensee is licensed. ~~To the extent the commissioner considers it appropriate, courses or~~ 
113.7 	~~parts of courses may be considered to satisfy both continuing education requirements~~ 
113.8 	~~under this section and continuing real estate education requirements.~~
113.9 	Credit may not be earned if the licensee has previously obtained credit for the same 
113.10 	course as either a student or instructor during the same licensing period.
113.11 		Subd. 3.Accessibility. To the extent possible, the commissioner shall ensure that 
113.12 	continuing education courses are offered throughout the state and are easily accessible 
113.13 	to all licensees.
113.14 		Subd. 4.Renewal of ~~accreditation~~ approval. The commissioner is authorized to 
113.15 	establish a procedure for renewal of course ~~accreditation~~ approval.
113.16 		Subd. 5.Content. (a) Continuing education consists of approved courses that 
113.17 	impart appropriate and related knowledge in the regulated industries pursuant to sections 
113.18 	326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related 
113.19 	knowledge is upon the person seeking approval or credit.
113.20 	(b) Course examinations will not be required for continuing education courses 
113.21 	unless they are required by the sponsor.
113.22 	(c) Textbooks are not required to be used for continuing education courses. If 
113.23 	textbooks are not used, the coordinator must provide students with a syllabus containing, 
113.24 	at a minimum, the course title, the times and dates of the course offering, the names and 
113.25 	addresses or telephone numbers of the course coordinator and instructor, and a detailed 
113.26 	outline of the subject materials to be covered. Any written or printed material given to 
113.27 	students must be of readable quality and contain accurate and current information.
113.28 	(d) Upon completion of an approved course, licensees shall earn one hour of 
113.29 	continuing education credit for each hour approved by the commissioner. Each continuing 
113.30 	education course must be attended in its entirety in order to receive credit for the number 
113.31 	of approved hours. Courses may be approved for full or partial credit, and for more than 
113.32 	one regulated industry.
113.33 	Continuing education credit in an approved course shall be awarded to presenting 
113.34 	instructors on the basis of one credit for each hour of preparation for the initial presentation, 
113.35 	which may not exceed three hours total credit for each approved course. Continuing 
114.1 	education credit may not be earned if the licensee has previously obtained credit for the 
114.2 	same course as a licensee or as an instructor within the three years immediately prior.
114.3 	(e) The following courses will not be approved for credit:
114.4 	(1) courses designed solely to prepare students for a license examination;
114.5 	(2) courses in mechanical office or business skills, including typing, speed reading, 
114.6 	or other machines or equipment. Computer courses are allowed, if appropriate and related 
114.7 	to the regulated industry of the licensee;
114.8 	(3) courses in sales promotion, including meetings held in conjunction with the 
114.9 	general business of the licensee;
114.10 	(4) courses in motivation, salesmanship, psychology, time management, or 
114.11 	communication; or
114.12 	(5) courses that are primarily intended to impart knowledge of specific products of 
114.13 	specific companies, if the use of the product or products relates to the sales promotion or 
114.14 	marketing of one or more of the products discussed.
114.15 		Subd. 6.Course approval. (a) Courses must be approved by the commissioner 
114.16 	in advance and will be approved on the basis of the applicant's compliance with the 
114.17 	provisions of this section relating to continuing education in the regulated industries. The 
114.18 	commissioner shall make the final determination as to the approval and assignment of 
114.19 	credit hours for courses. Courses must be at least one hour in length.
114.20 	Individuals requesting credit for continuing education courses that have not 
114.21 	been previously approved shall, on a form prescribed by the commissioner, submit an 
114.22 	application for approval of continuing education credit accompanied by a nonrefundable 
114.23 	fee of $10 for each course to be reviewed. To be approved, courses must be in compliance 
114.24 	with the provisions of this section governing the types of courses that will and will not 
114.25 	be approved.
114.26 	Approval will not be granted for time spent on meals or other unrelated activities. 
114.27 	Breaks may not be accumulated in order to dismiss the class early. Classes shall not be 
114.28 	offered by a provider to any one student for longer than eight hours in one day, excluding 
114.29 	meal breaks.
114.30 	(b) Application for course approval must be submitted 30 days before the course 
114.31 	offering.
114.32 	(c) Approval must be granted for a subsequent offering of identical continuing 
114.33 	education courses without requiring a new application if a notice of the subsequent 
114.34 	offering is filed with the commissioner at least 30 days in advance of the date the course is 
114.35 	to be held. The commissioner shall deny future offerings of courses if they are found not 
114.36 	to be in compliance with the laws relating to course approval.
115.1 		Subd. 7.Courses open to all. All course offerings must be open to any interested 
115.2 	individuals. Access may be restricted by the sponsor based on class size only. Courses 
115.3 	must not be approved if attendance is restricted to any particular group of people, except 
115.4 	for company-sponsored courses allowed by applicable law.
115.5 		Subd. 8.Course coordinator. (a) Each course of study shall have at least one 
115.6 	coordinator, approved by the commissioner, who is responsible for supervising the 
115.7 	program and ensuring compliance with all relevant law. Sponsors may engage an 
115.8 	additional approved coordinator in order to assist the coordinator or to act as a substitute 
115.9 	for the coordinator in the event of an emergency or illness.
115.10 	(b) The commissioner shall approve as a coordinator a person meeting one or more 
115.11 	of the following criteria:
115.12 	(1) at least three years of full-time experience in the administration of an education 
115.13 	program during the five-year period immediately before the date of application;
115.14 	(2) a degree in education plus two years' experience during the immediately 
115.15 	preceding five-year period in one of the regulated industries for which courses are being 
115.16 	approved; or
115.17 	(3) a minimum of five years' experience within the previous six years in the regulated 
115.18 	industry for which courses are held.
115.19 		Subd. 9.Responsibilities. A coordinator is responsible for:
115.20 	(1) ensuring compliance with all laws and rules relating to continuing educational 
115.21 	offerings governed by the commissioner;
115.22 	(2) ensuring that students are provided with current and accurate information relating 
115.23 	to the laws and rules governing their licensed activity;
115.24 	(3) supervising and evaluating courses and instructors. Supervision includes 
115.25 	ensuring that all areas of the curriculum are addressed without redundancy and that 
115.26 	continuity is present throughout the entire course;
115.27 	(4) ensuring that instructors are qualified to teach the course offering;
115.28 	(5) furnishing the commissioner, upon request, with copies of course and instructor 
115.29 	evaluations and qualifications of instructors. Evaluations must be completed by students at 
115.30 	the time the course is offered and by coordinators within five days after the course offering;
115.31 	(6) investigating complaints related to course offerings or instructors. A copy of 
115.32 	the written complaint must be sent to the commissioner within ten days of receipt of 
115.33 	the complaint and a copy of the complaint resolution must be sent not more than ten 
115.34 	days after resolution is reached;
115.35 	(7) maintaining accurate records relating to course offerings, instructors, tests 
115.36 	taken by students if required, and student attendance for a period of three years from the 
116.1 	date on which the course was completed. These records must be made available to the 
116.2 	commissioner upon request. In the event that a sponsor ceases operation for any reason, 
116.3 	the coordinator is responsible for maintaining the records or providing a custodian for the 
116.4 	records acceptable to the commissioner. The coordinator must notify the commissioner 
116.5 	of the name and address of that person. In order to be acceptable to the commissioner, 
116.6 	custodians must agree to make copies of acknowledgments available to students at a 
116.7 	reasonable fee. Under no circumstances will the commissioner act as custodian of the 
116.8 	records;
116.9 	(8) ensuring that the coordinator is available to instructors and students throughout 
116.10 	course offerings and providing to the students and instructor the name of the coordinator 
116.11 	and a telephone number at which the coordinator can be reached;
116.12 	(9) attending workshops or instructional programs as reasonably required by the 
116.13 	commissioner;
116.14 	(10) providing course completion certificates within ten days of, but not before, 
116.15 	completion of the entire course. Course completion certificates must be completed in 
116.16 	their entirety. Course completion certificates must contain the following statement: "If 
116.17 	you have any comments about this course offering, please mail them to the Minnesota 
116.18 	Department of Labor and Industry." The current address of the department must be 
116.19 	included. A coordinator may require payment of the course tuition as a condition for 
116.20 	receiving the course completion certificate; and
116.21 	(11) notifying the commissioner in writing within ten days of any change in the 
116.22 	information in an application for approval on file with the commissioner.
116.23 		Subd. 10.Instructors. (a) Each continuing education course shall have an instructor 
116.24 	who is qualified by education, training, or experience to ensure competent instruction. 
116.25 	Failure to have only qualified instructors teach at an approved course offering will result 
116.26 	in loss of course approval. Coordinators are responsible to ensure that an instructor is 
116.27 	qualified to teach the course offering.
116.28 	(b) Qualified continuing education instructors must have one of the following 
116.29 	qualifications:
116.30 	(1) a four-year degree in any area plus two years' practical experience in the subject 
116.31 	area being taught;
116.32 	(2) five years' practical experience in the subject area being taught; or
116.33 	(3) a college or graduate degree in the subject area being taught.
116.34 	(c) Approved instructors are responsible for:
116.35 	(1) compliance with all laws and rules relating to continuing education;
116.36 	(2) providing students with current and accurate information;
117.1 	(3) maintaining an atmosphere conducive to learning in the classroom;
117.2 	(4) verifying attendance of students, and certifying course completion;
117.3 	(5) providing assistance to students and responding to questions relating to course 
117.4 	materials; and
117.5 	(6) attending the workshops or instructional programs that are required by the 
117.6 	commissioner.
117.7 		Subd. 11.Prohibited practices for coordinators and instructors. (a) In 
117.8 	connection with an approved continuing education course, coordinators and instructors 
117.9 	shall not:
117.10 	(1) recommend or promote the services or practices of a particular business;
117.11 	(2) encourage or recruit individuals to engage the services of, or become associated 
117.12 	with, a particular business;
117.13 	(3) use materials, clothing, or other evidences of affiliation with a particular entity;
117.14 	(4) require students to participate in other programs or services offered by the 
117.15 	instructor, coordinator, or sponsor;
117.16 	(5) attempt, either directly or indirectly, to discover questions or answers on an 
117.17 	examination for a license;
117.18 	(6) disseminate to any other person specific questions, problems, or information 
117.19 	known or believed to be included in licensing examinations;
117.20 	(7) misrepresent any information submitted to the commissioner;
117.21 	(8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in 
117.22 	the course outline approved by the commissioner during the approved instruction; or
117.23 	(9) issue inaccurate course completion certificates.
117.24 	(b) Coordinators shall notify the commissioner within ten days of a felony or 
117.25 	gross misdemeanor conviction or of disciplinary action taken against an occupational or 
117.26 	professional license held by the coordinator or an instructor teaching an approved course. 
117.27 	The notification shall be grounds for the commissioner to withdraw the approval of the 
117.28 	coordinator and to disallow the use of the instructor.
117.29 		Subd. 12.Fees. Fees for an approved course of study and related materials must 
117.30 	be clearly identified to students. In the event that a course is canceled for any reason, all 
117.31 	fees must be returned within 15 days from the date of cancellation. In the event that a 
117.32 	course is postponed for any reason, students shall be given the choice of attending the 
117.33 	course at a later date or having their fees refunded in full within 15 days from the date 
117.34 	of postponement. If a student is unable to attend a course or cancels the registration in a 
117.35 	course, sponsor policies regarding refunds shall govern.
118.1 		Subd. 13.Facilities. Each course of study must be conducted in a classroom 
118.2 	or other facility that is adequate to comfortably accommodate the instructors and the 
118.3 	number of students enrolled. The sponsor may limit the number of students enrolled in a 
118.4 	course. Approved courses may be held on the premises of a company doing business in 
118.5 	the regulated area only when the company is sponsoring the course offering, or where 
118.6 	product application is appropriate and related.
118.7 		Subd. 14.Supplementary materials. An adequate supply of supplementary 
118.8 	materials to be used or distributed in connection with an approved course must be available 
118.9 	at the time and place of the course offering in order to ensure that each student receives all 
118.10 	of the necessary materials. Outlines and any other materials that are reproduced must be 
118.11 	of readable quality.
118.12 		Subd. 15.Advertising courses. (a) Paragraphs (b) to (g) govern the advertising 
118.13 	of continuing education courses.
118.14 	(b) Advertising must be truthful and not deceptive or misleading. Courses may not 
118.15 	be advertised in any manner as approved unless approval has been granted in writing by 
118.16 	the commissioner.
118.17 	(c) No advertisement, pamphlet, circular, or other similar materials pertaining to 
118.18 	an approved offering may be circulated or distributed in this state, unless the following 
118.19 	statement is prominently displayed:
118.20 	"This course has been approved by the Minnesota Department of Labor and Industry 
118.21 	for ....... (approved number of hours) hours for continuing ....... (relevant industry) 
118.22 	education."
118.23 	(d) Advertising of approved courses must be clearly distinguishable from the 
118.24 	advertisement of other nonapproved courses and services.
118.25 	(e) Continuing education courses may not be advertised before approval unless the 
118.26 	course is described in the advertising as "approval pending" and an application for approval 
118.27 	has been timely submitted to the commissioner and a denial has not been received.
118.28 	(f) The number of hours for which a course has been approved must be prominently 
118.29 	displayed on an advertisement for the course. If the course offering is longer than the 
118.30 	number of hours of credit to be given, it must be clear that credit is not earned for the 
118.31 	entire course.
118.32 	(g) The course approval number must not be included in any advertisement.
118.33 		Subd. 16.Notice to students. At the beginning of each approved offering, the 
118.34 	following notice must be handed out in printed form or must be read to students: 
119.1 	"This educational offering is recognized by the Minnesota Department of Labor and 
119.2 	Industry as satisfying ....... (insert number of hours approved) hours of credit toward 
119.3 	continuing ....... (insert appropriate industry) education requirements."
119.4 		Subd. 17.Audits. The commissioner reserves the right to audit subject offerings 
119.5 	with or without notice to the sponsor.
119.6 		Subd. 18.Falsification of reports. A licensee, its qualified person, or an applicant 
119.7 	found to have falsified an education report to the commissioner shall be considered to 
119.8 	have violated the laws relating to the industry for which the person has a license and 
119.9 	shall be subject to censure, limitation, condition, suspension, or revocation of the license 
119.10 	or denial of the application for licensure.
119.11 	The commissioner reserves the right to audit a licensee's continuing education 
119.12 	records.
119.13 		Subd. 19.Waivers and extensions. If a licensee provides documentation to the 
119.14 	commissioner that the licensee or its qualifying person is unable, and will continue to be 
119.15 	unable, to attend actual classroom course work because of a physical disability, medical 
119.16 	condition, or similar reason, attendance at continuing education courses shall be waived 
119.17 	for a period not to exceed one year. The commissioner shall require that the licensee or 
119.18 	its qualifying person satisfactorily complete a self-study program to include reading a 
119.19 	sufficient number of textbooks, or listening to a sufficient number of tapes, related to the 
119.20 	regulated industry, as would be necessary for the licensee to satisfy continuing educational 
119.21 	credit hour needs. The commissioner shall award the licensee credit hours for a self-study 
119.22 	program by determining how many credit hours would be granted to a classroom course 
119.23 	involving the same material and giving the licensee the same number of credit hours under 
119.24 	this part. The licensee may apply each year for a new waiver upon the same terms and 
119.25 	conditions as were necessary to secure the original waiver, and must demonstrate that in 
119.26 	subsequent years, the licensee was unable to complete actual classroom course work. 
119.27 	The commissioner may request documentation of the condition upon which the request 
119.28 	for waiver is based as is necessary to satisfy the commissioner of the existence of the 
119.29 	condition and that the condition does preclude attendance at continuing education courses.
119.30 	Upon written proof demonstrating a medical hardship, the commissioner shall 
119.31 	extend, for up to 90 days, the time period during which the continuing education must be 
119.32 	successfully completed. Loss of income from either attendance at courses or cancellation 
119.33 	of a license is not a bona fide financial hardship. Requests for extensions must be 
119.34 	submitted to the commissioner in writing no later than 60 days before the education is 
119.35 	due and must include an explanation with verification of the hardship, plus verification of 
119.36 	enrollment at an approved course of study on or before the extension period expires.
120.1 		Subd. 20.Reporting requirements. Required continuing education must be 
120.2 	reported in a manner prescribed by the commissioner. Licensees are responsible for 
120.3 	maintaining copies of course completion certificates.
120.4 		Subd. 21.Residential building contractor, residential remodeler, and residential 
120.5 	roofer education. (a) Each licensee must, during the licensee's first complete continuing 
120.6 	education reporting period, complete and report one hour of continuing education relating 
120.7 	to lead abatement rules in safe lead abatement procedures.
120.8 	(b) Each licensee must, during each continuing education reporting period, complete 
120.9 	and report one hour of continuing education relating to energy codes for buildings and 
120.10 	other building codes designed to conserve energy.
120.11 		Subd. 22.Continuing education approval. (a) Continuing education courses must 
120.12 	be approved in advance by the commissioner of labor and industry. "Sponsor" means any 
120.13 	person or entity offering approved education.
120.14 	(b) For coordinators with an initial approval date before August 1, 2005, approval 
120.15 	will expire on December 31, 2005. For courses with an initial approval date on or before 
120.16 	December 31, 2000, approval will expire on April 30, 2006. For courses with an initial 
120.17 	approval date after January 1, 2001, but before August 1, 2005, approval will expire 
120.18 	on April 30, 2007.
120.19 		Subd. 23.Continuing education fees. The following fees shall be paid to the 
120.20 	commissioner:
120.21 	(1) initial course approval, $10 for each hour or faction of one hour of continuing 
120.22 	education course approval sought. Initial course approval expires on the last day of the 
120.23 	24th month after the course is approved;
120.24 	(2) renewal of course approval, $10 per course. Renewal of course approval expires 
120.25 	on the last day of the 24th month after the course is renewed;
120.26 	(3) initial coordinator approval, $100. Initial coordinator approval expires on the last 
120.27 	day of the 24th month after the coordinator is approved; and
120.28 	(4) renewal of coordinator approval, $10. Renewal of coordinator approval expires 
120.29 	on the last day of the 24th month after the coordinator is renewed.
120.30 		Subd. 24.Refunds. All fees paid to the commissioner under this section are 
120.31 	nonrefundable, except that an overpayment of a fee shall be returned upon proper 
120.32 	application.

120.33 	Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:
120.34 	326.88 LOSS OF QUALIFYING PERSON.
121.1 	Upon the departure or disqualification of a licensee's qualifying person because of 
121.2 	death, disability, retirement, position change, or other reason, the licensee must notify 
121.3 	the commissioner within 15 business days. The licensee shall have 120 days from the 
121.4 	departure of the qualifying person to obtain a new qualifying person. Failure to secure a 
121.5 	new qualifying person within 120 days will, with or without notice, result in the automatic 
121.6 	termination of the license.

121.7 	Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:
121.8 	326.89 APPLICATION AND EXAMINATION.
121.9 		Subdivision 1.Form. An applicant for a license under sections  326.83 to 326.98
121.10 	must submit an application ~~to the commissioner~~, under oath and accompanied by the 
121.11 	license fee required by section 326.86, on a form prescribed by the commissioner. 
121.12 	Within 30 business days of receiving all required information, the commissioner must 
121.13 	act on the license request. If one of the categories in the application does not apply, the 
121.14 	applicant must identify the category and state the reason the category does not apply. The 
121.15 	commissioner may refuse to issue a license if the application is not complete or contains 
121.16 	unsatisfactory information. 
121.17 		Subd. 2.Contents. ~~The~~ Each application must include the following information 
121.18 	regarding the applicant:
121.19 	(1) Minnesota workers' compensation insurance certificate;
121.20 	(2) employment insurance account number;
121.21 	(3) certificate of liability insurance;
121.22 	(4) type of license requested;
121.23 	(5) name ~~and~~, current address ~~of the applicant:~~, and telephone number where the 
121.24 	applicant resides;
121.25 	~~(i)~~ (6) name and address of the applicant's qualifying person, if other than applicant; 
121.26 	and
121.27 	~~(ii)~~ (7) if the applicant is a sole proprietorship, the name and address of the sole 
121.28 	proprietor; if the applicant is a partnership, the name and address of each partner; if the 
121.29 	applicant is a limited liability company, the name and address of each governor and 
121.30 	manager; if the applicant is a corporation, the name and address of each of the corporate 
121.31 	officers, directors, and all shareholders holding more than ten percent of the outstanding 
121.32 	stock in the corporation;
121.33 	(8) name and address of the applicant's agent in this state authorized to receive 
121.34 	service of process, and a consent to service of process as required by section 326.93;
122.1 	(9) current street address and telephone number where the business is physically 
122.2 	located;
122.3 	~~(6)~~ (10) whether the applicant, any employee, or qualifying person has ever been 
122.4 	licensed in this or any other state and has had a professional or vocational license
122.5 	reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been 
122.6 	the subject of any administrative action;
122.7 	~~(7)~~ (11) whether the applicant, qualifying person, or any of the applicant's corporate 
122.8 	or partnership directors, limited liability company governors, officers, limited or general 
122.9 	partners, managers, all shareholders holding more than ten percent of the share of the 
122.10 	corporation that have been issued, or all members holding more than ten percent of the 
122.11 	voting power of the membership interests that have been issued, has been convicted 
122.12 	of a crime that either related directly to the business for which the license is sought or 
122.13 	involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil 
122.14 	action involving fraud, misrepresentation, construction defect, negligence, ~~or~~ breach 
122.15 	of contract, or conversion of funds within the ten years prior to the submission of the 
122.16 	application; or has had any government license or permit reprimanded, censured, limited, 
122.17 	conditioned, suspended, or revoked as a result of an action brought by a federal, state, or 
122.18 	local governmental unit or agency in this or any other state;
122.19 	~~(8)~~ (12) the applicant's and qualifying person's business history for the past five 
122.20 	years and whether the applicant, ~~any~~ a managing employee, or qualifying person has ever 
122.21 	filed for bankruptcy or protection from creditors or has any unsatisfied judgments against 
122.22 	the applicant, employee, or qualifying person;
122.23 	~~(9)~~ (13) where the applicant is a firm, partnership, sole proprietorship, limited 
122.24 	liability company, corporation, or association, whether there has been a sale or transfer of 
122.25 	the business or other change in ownership, control, or name in the last five years and the 
122.26 	details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated, 
122.27 	parent, or related entities, and whether each such entity, or its owners, officers, directors, 
122.28 	members or shareholders holding more than ten percent of the stock, or an employee has 
122.29 	ever taken or been subject to an action that is subject to clause ~~(6), (7), or (8)~~ (10), (11), 
122.30 	or (12) in the last ten years; and
122.31 	~~(10)~~ (14) whether the qualifying person is the qualifying person for more than one 
122.32 	licensee.
122.33 	For purposes of this subdivision, "applicant" includes employees who exercise 
122.34 	management or policy control over the residential contracting ~~and remodeling~~, residential 
122.35 	remodeling, residential roofing, or manufactured home installation activities in the state 
122.36 	of Minnesota, including affiliates, partners, directors, governors, officers, limited or 
123.1 	general partners, managers, all shareholders holding more than ten percent of the shares 
123.2 	that have been issued, a shareholder holding more than ten percent of the voting power 
123.3 	of the shares that have been issued, or all members holding more than ten percent of the 
123.4 	membership interests that have been issued or more than ten percent of the voting power 
123.5 	of the membership interests that have been issued.
123.6 	The commissioner may require further information as the commissioner deems 
123.7 	appropriate to administer the provisions and further the purposes of this chapter.
123.8 		Subd. 3.Examination. (a) Each qualifying person must satisfactorily complete a 
123.9 	written examination for the type of license requested. The commissioner may establish 
123.10 	the examination qualifications, including related education experience and education, the 
123.11 	examination procedure, and the examination for each licensing group. The examination 
123.12 	must include at a minimum the following areas:
123.13 	(1) appropriate knowledge of technical terms commonly used and the knowledge of 
123.14 	reference materials and code books to be used for technical information; and
123.15 	(2) understanding of the general principles of business management and other 
123.16 	pertinent state laws.
123.17 	(b) Each examination must be designed for the specified type of license requested. 
123.18 	~~The council shall advise the commissioner on the grading, monitoring, and updating of~~ 
123.19 	~~examinations.~~
123.20 	(c) ~~A person's~~ An individual's passing examination results expire two years from 
123.21 	the examination date. ~~A person~~ An individual who passes the examination but does not 
123.22 	choose to apply to act as a qualifying person for a licensee within two years from the 
123.23 	examination date, must, upon application provide:
123.24 	(1) passing examination results within two years from the date of application; or
123.25 	(2) proof that the person has fulfilled the continuing education requirements in 
123.26 	section  326.87 in the manner required for a qualifying person of a licensee for each license 
123.27 	period after the expiration of the examination results. 
123.28 		~~Subd. 4.Competency skills.~~ ~~The commissioner shall, in consultation with the~~ 
123.29 	~~council, determine the competency skills and installation knowledge required for the~~ 
123.30 	~~licensing of specialty contractors.~~
123.31 		Subd. 5.Exemption. A general retailer whose primary business is not being a 
123.32 	residential building contractor, residential remodeler, ~~or specialty contractor~~ residential 
123.33 	roofer, or manufactured home installer,  and who has completed a ~~comparable~~ license 
123.34 	examination meeting or exceeding Minnesota's examination requirements in another state 
123.35 	is exempt from ~~subdivisions~~ subdivision 3 ~~and 4~~ and sections  326.87 and  326.88. 
124.1 		Subd. 6.Additional licensing requirements. As an alternative to denying an 
124.2 	application for licensure pursuant to section  326.91, subdivision 1, the commissioner 
124.3 	may, as a condition of licensure and based upon information received pursuant to 
124.4 	section  326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section  326.91, 
124.5 	subdivision 1, clauses (1) to (9), impose additional insurance, bonding, reporting, record 
124.6 	keeping, and other requirements on the applicant as are reasonable to protect the public. 
124.7 		Subd. 7.License. A nonresident of Minnesota may be licensed as a residential 
124.8 	building contractor, residential remodeler, residential roofer, or manufactured home 
124.9 	installer upon compliance with all the provisions of sections 326.83 to 326.98.

124.10 	Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:
124.11 		Subdivision 1.Local license prohibited. Except as provided in sections  326.90, 
124.12 	subdivision 2, ~~and  326.991,~~ a political subdivision may not require a person licensed 
124.13 	under sections  326.83 to  ~~326.991~~ 326.98 to also be licensed or pay a registration or other 
124.14 	fee related to licensure under any ordinance, law, rule, or regulation of the political 
124.15 	subdivision. This section does not prohibit charges for building permits or other charges 
124.16 	not directly related to licensure. 

124.17 	Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:
124.18 		Subdivision 1.~~Cause~~ Grounds. ~~The commissioner may by order deny, suspend, or~~ 
124.19 	~~revoke any license or may censure a licensee, and may impose a civil penalty as provided~~ 
124.20 	~~for in section  45.027, subdivision 6, if the commissioner finds that the order is in the~~ 
124.21 	~~public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or~~ 
124.22 	~~other agent, owner, partner, director, governor, shareholder, member, officer, qualifying~~ 
124.23 	~~person, or managing employee of the applicant or licensee or any person occupying a~~ 
124.24 	~~similar status or performing similar functions:~~  In addition to the grounds set forth in 
124.25 	section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place 
124.26 	conditions on, or revoke a license or certificate of exemption, or may censure the person 
124.27 	holding the license or certificate of exemption, if the applicant, licensee, certificate of 
124.28 	exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of 
124.29 	exemption holder, or other agent owner has:
124.30 	(1) has filed an application for ~~a license~~ licensure or a certificate of exemption
124.31 	which is incomplete in any material respect or contains any statement which, in light 
124.32 	of the circumstances under which it is made, is false or misleading with respect to any 
124.33 	material fact;
124.34 	(2) has engaged in a fraudulent, deceptive, or dishonest practice;
125.1 	(3) is permanently or temporarily enjoined by any court of competent jurisdiction 
125.2 	from engaging in or continuing any conduct or practice involving any aspect of the 
125.3 	business;
125.4 	(4) has failed to reasonably supervise employees, agents, subcontractors, or 
125.5 	salespersons, or has performed negligently or in breach of contract, so as to cause injury 
125.6 	or harm to the public;
125.7 	(5) has violated or failed to comply with any provision of sections  326.83 to  326.98
125.8 	~~or~~, any rule or order under sections  326.83 to  326.98 or any other law, rule, or order related 
125.9 	to the duties and responsibilities entrusted to the commissioner; 
125.10 	~~(6) has been shown to be incompetent, untrustworthy, or financially irresponsible;~~
125.11 	~~(7)~~ (6) has been convicted of a violation of the State Building Code or~~, in~~ 
125.12 	~~jurisdictions that do not enforce the State Building Code,~~ has refused to comply with 
125.13 	a notice of violation or stop order issued by a certified building official, or in local 
125.14 	jurisdictions that have not adopted the State Building Code has refused to correct a 
125.15 	violation of the State Building Code when the violation has been ~~certified~~ documented 
125.16 	or a notice of violation or stop order issued by a ~~Minnesota licensed structural engineer~~
125.17 	certified building official has been received;
125.18 	~~(8)~~ (7) has failed to use the proceeds of any payment made to the licensee for the 
125.19 	construction of, or any improvement to, residential real estate, as defined in section  326.83, 
125.20 	subdivision 17, for the payment of labor, skill, material, and machinery contributed to the 
125.21 	construction or improvement, knowing that the cost of any labor performed, or skill, 
125.22 	material, or machinery furnished for the improvement remains unpaid; 
125.23 	~~(9)~~ (8) has not furnished to the person making payment either a valid lien waiver as to 
125.24 	any unpaid labor performed, or skill, material, or machinery furnished for an improvement, 
125.25 	or a payment bond in the basic amount of the contract price for the improvement 
125.26 	conditioned for the prompt payment to any person or persons entitled to payment;
125.27 	~~(10) has engaged in conduct which was the basis for a contractor's recovery fund~~ 
125.28 	~~payment pursuant to section  326.975, which payment has not been reimbursed;~~ (9) has 
125.29 	engaged in an act or practice that results in compensation to an aggrieved owner or lessee 
125.30 	from the contractor recovery fund pursuant to section 36B.825, unless:
125.31 	(i) the applicant or licensee has repaid the fund twice the amount paid from the fund, 
125.32 	plus interest at the rate of 12 percent per year; and
125.33 	(ii) the applicant or licensee has obtained a surety bond in the amount of at least 
125.34 	$40,000, issued by an insurer authorized to transact business in this state.
126.1 	~~(11)~~ (10) has engaged in bad faith, unreasonable delays, or frivolous claims in 
126.2 	defense of a civil lawsuit or arbitration arising out of their activities as a licensee or 
126.3 	certificate of exemption holder under this chapter;
126.4 	~~(12)~~ (11) has had a judgment entered against them for failure to make payments to 
126.5 	employees ~~or~~, subcontractors, or suppliers, that the licensee has failed to satisfy and all 
126.6 	appeals of the judgment have been exhausted or the period for appeal has expired;
126.7 	~~(13)~~ (12) if unlicensed, has obtained a building permit by the fraudulent use of a 
126.8 	fictitious license number or the license number of another, or, if licensed, has knowingly 
126.9 	allowed an unlicensed person to use the licensee's license number for the purpose of 
126.10 	fraudulently obtaining a building permit; or has applied for or obtained a building permit 
126.11 	for an unlicensed person.
126.12 	~~(14)~~ (13) has made use of a forged ~~mechanics'~~ mechanic's lien ~~waivers~~ waiver under 
126.13 	chapter 514~~.~~;
126.14 	(14) has provided false, misleading or incomplete information to the commissioner 
126.15 	or has refused to allow a reasonable inspection of records or premises;
126.16 	(15) has engaged in an act or practice whether or not the act or practice directly 
126.17 	involves the business for which the person is licensed, that demonstrates that the applicant 
126.18 	or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or 
126.19 	unqualified to act under the license granted by the commissioner; or
126.20 	(16) has failed to comply with requests for information, documents, or other requests 
126.21 	from the department within the time specified in the request or, if no time is specified, 
126.22 	within 30 days of the mailing of the request by the department.

126.23 	Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:
126.24 	326.92 PENALTIES.
126.25 		~~Subdivision 1.Misdemeanor.~~ ~~A person required to be licensed under sections~~ 
126.26 	~~326.83 to  326.991 who performs unlicensed work is guilty of a misdemeanor.~~ 
126.27 		Subd. 1a.Gross misdemeanor. ~~A person required to be licensed under sections~~ 
126.28 	~~326.84 to  326.991 who violates an order under subdivision 3~~ An individual who violates 
126.29 	an order of the commissioner or is the manager, officer, or director of a person who 
126.30 	violates an order issued by the commissioner is guilty of a gross misdemeanor. 
126.31 		Subd. 2.Lien rights. An unlicensed person who knowingly violates sections  326.83
126.32 	to  326.98 has no right to claim a lien under section  514.01 and the lien is void. Nothing 
126.33 	in this section affects the lien rights of material suppliers and licensed contractors to the 
126.34 	extent provided by law. 
127.1 		~~Subd. 3.Commissioner action.~~ ~~The commissioner may bring actions, including~~ 
127.2 	~~cease and desist actions, against any person licensed or required to be licensed under~~ 
127.3 	~~sections  326.83 to  326.991 to protect the public health, safety, and welfare.~~ 

127.4 	Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:
127.5 	326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE 
127.6 	OF PERMIT APPLICATION.
127.7 		Subdivision 1.Building permit. A political subdivision shall not issue a building 
127.8 	permit to an unlicensed person who is required to be licensed under sections  326.83 to  
127.9 	~~326.991~~ 326.98. A political subdivision that issues zoning or land use permits in lieu of 
127.10 	a building permit shall not issue those permits to an unlicensed person who is required 
127.11 	to be licensed under sections  326.83 to  ~~326.991~~ 326.98. The political subdivision shall 
127.12 	report the person applying for the permit to the commissioner who may bring an action 
127.13 	against the person. 
127.14 		Subd. 2.Notice of building permit application. A political subdivision shall notify 
127.15 	the department when an application for building permit involving the construction of new 
127.16 	residential real estate has been received from an unlicensed person by submitting a copy 
127.17 	of the application to the department within two business days of receipt of the application. 
127.18 	The political subdivision may submit a copy of the building permit application by 
127.19 	facsimile, United States mail, or electronic communication.

127.20 	Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:
127.21 	326.93 SERVICE OF PROCESS~~; NONRESIDENT LICENSING~~.
127.22 		~~Subdivision 1.License.~~ ~~A nonresident of Minnesota may be licensed as a residential~~ 
127.23 	~~building contractor or residential remodeler upon compliance with all the provisions of~~ 
127.24 	~~sections  326.83 to  326.991.~~ 
127.25 		~~Subd. 2.Service of process.~~ ~~Service of process upon a person performing work in~~ 
127.26 	~~the state of a type that would require a license under sections  326.83 to  326.98 may be~~ 
127.27 	~~made as provided in section  45.028.~~ 
127.28 		Subd. 3.Procedure. Every applicant for licensure or certificate of exemption 
127.29 	under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the 
127.30 	commissioner and successors in office to be the applicant's agent to receive service of any 
127.31 	lawful process in any noncriminal suit, action, or proceeding against the applicant or a 
127.32 	successor, executor, or administrator which arises under section 326.83 to 326.98 or any 
127.33 	rule or order thereunder after the consent has been filed, with the same force and validity 
128.1 	as if served personally on the person filing the consent. Service under this section shall be 
128.2 	made in compliance with subdivision 5.
128.3 		Subd. 4.Service on commissioner. (a) When a person, including any nonresident 
128.4 	of this state, engages in conduct prohibited or made actionable by sections 326.83 to 
128.5 	326.98, or any rule or order under those sections, and the person has not consented to 
128.6 	service of process under subdivision 3, that conduct is equivalent to an appointment of the 
128.7 	commissioner and successors in office as the person's agent to receive service of process in 
128.8 	any noncriminal suit, action, or proceeding against the person that is based on that conduct 
128.9 	and is brought under sections 326.83 to 326.98, or any rule or order under those sections, 
128.10 	with the same force and validity as if served personally on the person consenting to the 
128.11 	appointment of the commissioner and successors in office. Service under this section shall 
128.12 	be made in compliance with subdivision 5.
128.13 	(b) Subdivision 5 applies in all other cases in which a person, including a nonresident 
128.14 	of this state, has filed a consent to service of process. This paragraph supersedes any 
128.15 	inconsistent provision of law.
128.16 	(c) Subdivision 5 applies in all cases in which service of process is allowed to be 
128.17 	made on the commissioner.
128.18 	(d) Subdivision 5 applies to any document served by the commissioner or the 
128.19 	department under section 326B.08.
128.20 		Subd. 5.How made. Service of process under this section may be made by leaving 
128.21 	a copy of the process in the office of the commissioner, or by sending a copy of the process 
128.22 	to the commissioner by certified mail, and is not effective unless: 
128.23 	(1) the plaintiff, who may be the commissioner in an action or proceeding instituted 
128.24 	by the commissioner, sends notice of the service and a copy of the process by certified 
128.25 	mail to the defendant or respondent at the last known address; and 
128.26 	(2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or 
128.27 	before the return day of the process, if any, or within further time as the court allows.

128.28 	Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:
128.29 	326.94 BOND; INSURANCE.
128.30 		Subdivision 1.Bond. (a) Licensed manufactured home installers and licensed
128.31 	residential roofers must post a ~~license~~ surety bond in the name of the licensee with the 
128.32 	commissioner, conditioned that the applicant shall faithfully perform the duties and 
128.33 	in all things comply with all laws, ordinances, and rules pertaining to the license or 
128.34 	permit applied for and all contracts entered into. The annual bond must be continuous 
128.35 	and maintained for so long as the licensee remains licensed. The aggregate liability of 
129.1 	the surety on the bond to any and all persons, regardless of the number of claims made 
129.2 	against the bond, may not exceed the amount of the bond. The bond may be canceled as 
129.3 	to future liability by the surety upon 30 days' written notice mailed to the commissioner 
129.4 	by regular mail.
129.5 	(b) A licensed residential roofer must post a bond of at least ~~$5,000~~ $15,000.
129.6 	(c) A licensed manufactured home installer must post a bond of at least $2,500.
129.7 	Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for 
129.8 	purposes of sections 8.05 and 16C.05, subdivision 2.
129.9 		Subd. 2.Insurance. Licensees must have public liability insurance with limits of at 
129.10 	least ~~$100,000~~ $300,000 per occurrence, which must include at least $10,000 property 
129.11 	damage coverage. The insurance must be written by an insurer licensed to do business in 
129.12 	this state. The commissioner may increase the minimum amount of insurance required 
129.13 	for any licensee or class of licensees if the commissioner considers it to be in the public 
129.14 	interest and necessary to protect the interests of Minnesota consumers.

129.15 	Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:
129.16 		Subd. 2.Advertising. The license number of a licensee must appear in any 
129.17 	advertising by that licensee including but not limited to signs, vehicles, business cards, 
129.18 	published display ads, flyers, ~~and~~ brochures, Web sites, and Internet ads.

129.19 	Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:
129.20 	326.96 PUBLIC EDUCATION.
129.21 	The commissioner may develop materials and programs to educate the public 
129.22 	concerning ~~licensing~~ licensure requirements ~~and methods~~. The commissioner may 
129.23 	develop materials for reporting unlicensed contracting activity.

129.24 	Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:
129.25 	326.97 LICENSE RENEWAL.
129.26 		Subdivision 1.Renewal. ~~Licensees~~ A licensee whose ~~applications have~~ fully 
129.27 	completed renewal application has been properly and timely filed and who ~~have~~ has
129.28 	not received a notice of denial of renewal ~~are~~ is considered to have been approved for 
129.29 	renewal and may continue to transact business whether or not the renewed license has 
129.30 	been received. Applications are timely if received ~~or postmarked~~ by March 1 of the 
129.31 	renewal year. Applications must be made on a form approved by the commissioner.
129.32 	An application for renewal that does not contain all of the information requested is an 
129.33 	incomplete application and will not be processed.
130.1 		Subd. 1a.Annual renewal. Any license issued or renewed after August 1, 1993, 
130.2 	must be renewed annually.
130.3 		Subd. 2.Failure to ~~apply~~ renew. A person who has failed to make a timely 
130.4 	application for renewal of a license ~~by March 31 of the renewal year~~ is unlicensed at 
130.5 	11:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed until
130.6 	~~the~~ a renewed license has been issued by the commissioner and is received by the applicant.
130.7 		Subd. 3.Expiration. All licenses expire at 11:59:59 p.m. central time on March 31 
130.8 	of the renewal year if not properly renewed.

130.9 	Sec. 24. [326B.801] SCOPE.
130.10 	Except as otherwise provided by law, the provisions of sections 326B.801 to 
130.11 	326B.825 apply to residential contractors, residential remodelers, residential roofers, 
130.12 	and manufactured home installers.

130.13 	Sec. 25. [326B.804] LICENSE RECIPROCITY.
130.14 	The commissioner may waive all or part of the requirements for prelicense education 
130.15 	or examination to any person who holds an unexpired license or certificate issued by 
130.16 	proper authority in the District of Columbia, or any state or territory of the United States if 
130.17 	the licensing requirements of that jurisdiction meet or exceed the corresponding licensing 
130.18 	requirements of the Department of Labor and Industry.

130.19 	Sec. 26. [326B.809] WRITTEN CONTRACT REQUIRED.
130.20 	(a) All agreements including proposals, estimates, bids, quotations, contracts, 
130.21 	purchase orders, and change orders between a licensee and a customer for the performance 
130.22 	of a licensee's services must be in writing and must contain the following:
130.23 	(1) a detailed summary of the services to be performed;
130.24 	(2) a description of the specific materials to be used or a list of standard features 
130.25 	to be included; and
130.26 	(3) the total contract price or a description of the basis on which the price will 
130.27 	be calculated.
130.28 	(b) All agreements shall be signed and dated by the licensee and customer.
130.29 	(c) The licensee shall provide to the customer, at no charge, a signed and dated 
130.30 	document at the time that the licensee and customer sign and date the document. 
130.31 	Documents include agreements and mechanic's lien waivers.

130.32 	Sec. 27. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
131.1 	Chapter 364 does not apply to an applicant for a license or to a licensee where 
131.2 	the underlying conduct on which the conviction is based would be grounds for denial, 
131.3 	censure, suspension, or revocation of the license.

131.4 	Sec. 28. [326B.82] DEFINITIONS.
131.5 		Subdivision 1.Words, terms, and phrases. For the purposes of section 326.87, 
131.6 	the terms defined in this section have the meanings given them, unless the context clearly 
131.7 	indicates otherwise.
131.8 		Subd. 2.Appropriate and related knowledge. "Appropriate and related 
131.9 	knowledge" means facts, information, or principles that are clearly relevant to the licensee 
131.10 	in performing responsibilities under a license issued by the commissioner. These facts, 
131.11 	information, or principles must convey substantive and procedural knowledge as it relates 
131.12 	to postlicensing issues and must be relevant to the technical aspects of a particular area 
131.13 	of continuing education.
131.14 		Subd. 3.Classroom hour. "Classroom hour" means a 50-minute hour. 
131.15 		Subd. 4.Coordinator. "Coordinator" means an individual who is responsible for 
131.16 	monitoring approved educational offerings.
131.17 		Subd. 5.Instructor. "Instructor" means an individual lecturing in an approved 
131.18 	educational offering.
131.19 		Subd. 6.Licensee. "Licensee" means a person licensed by the Minnesota 
131.20 	Department of Labor and Industry for whom an examination is required before licensure.
131.21 		Subd. 7.Medical hardship. "Medical hardship" includes a documented physical 
131.22 	disability or medical condition.
131.23 		Subd. 8.Overpayment. "Overpayment" means any payment of money in excess 
131.24 	of a statutory fee.
131.25 		Subd. 9.Regulated industries. "Regulated industries" means residential 
131.26 	contracting, residential remodeling, or residential roofing. Each of these is a regulated 
131.27 	industry.
131.28 		Subd. 10.Sponsor. "Sponsor" means any person or entity offering or providing 
131.29 	approved continuing education.

131.30 	Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.
131.31 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms 
131.32 	have the meanings given them.
131.33 	(b) "Gross annual receipts" means the total amount derived from residential 
131.34 	contracting or residential remodeling activities, regardless of where the activities are 
132.1 	performed, and must not be reduced by costs of goods sold, expenses, losses, or any 
132.2 	other amount.
132.3 	(c) "Licensee" means a person licensed as a residential contractor or residential 
132.4 	remodeler.
132.5 	(d) "Residential real estate" means a new or existing building constructed for 
132.6 	habitation by one to four families, and includes detached garages.
132.7 	(e) "Fund" means the contractor recovery fund.
132.8 		Subd. 2.Generally. The contractor recovery fund is created in the state treasury 
132.9 	and shall be administered by the commissioner for the purposes described in this section. 
132.10 	Any interest or profit accruing from investment of money in the fund shall be credited 
132.11 	to the contractor recovery fund.
132.12 		Subd. 3.Fund fees. In addition to any other fees, a person who applies for or 
132.13 	renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person 
132.14 	shall pay, in addition to the appropriate application or renewal fee, the following additional 
132.15 	fee that shall be deposited in the fund. The amount of the fee shall be based on the person's 
132.16 	gross annual receipts for the person's most recent fiscal year preceding the application or 
132.17 	renewal, on the following scale:

132.18 | | Fee | Gross Annual Receipts |
132.19 | | $160 | under $1,000,000 |
132.20 | | $210 | $1,000,000 to $5,000,000 |
132.21 | | $260 | over $5,000,000 |
132.22 		Subd. 4.Purpose of fund. The purpose of this fund is to:
132.23 	(1) compensate owners or lessees of residential real estate who meet the requirements 
132.24 	of this section;
132.25 	(2) reimburse the department for all legal and administrative expenses, 
132.26 	disbursements, and costs, including staffing costs, incurred in administering and defending 
132.27 	the fund;
132.28 	(3) pay for educational or research projects in the field of residential contracting to 
132.29 	further the purposes of sections 326B.801 to 326B.825; and
132.30 	(4) provide information to the public on residential contracting issues.
132.31 		Subd. 5.Payment limitations. Except as otherwise provided in this section, 
132.32 	the commissioner shall not pay compensation from the fund to an owner or a lessee 
132.33 	in an amount greater than $75,000. Except as otherwise provided in this section, the 
132.34 	commissioner shall not pay compensation from the fund to owners and lessees in an 
132.35 	amount that totals more than $150,000 per licensee. The commissioner shall not pay 
133.1 	compensation from the fund for a final judgment based on a cause of action that arose 
133.2 	before the commissioner's receipt of the licensee's fee required by subdivision 3.
133.3 		Subd. 6.Verified application. To be eligible for compensation from the fund, an 
133.4 	owner or lessee shall serve on the commissioner a verified application for compensation 
133.5 	on a form approved by the commissioner. The application shall verify the following 
133.6 	information:
133.7 	(1) the specific grounds upon which the owner or lessee seeks to recover from 
133.8 	the fund:
133.9 	(2) that the owner or the lessee has obtained a final judgment in a court of competent 
133.10 	jurisdiction against a licensee licensed under section 326B.803;
133.11 	(3) that the final judgment was obtained against the licensee on the grounds of 
133.12 	fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance 
133.13 	that arose directly out of a transaction that occurred when the licensee was licensed and 
133.14 	performing any of the special skills enumerated under section 326B.802, subdivision 19;
133.15 	(4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on 
133.16 	the owner's residential real estate, on residential real estate leased by the lessee, or on new 
133.17 	residential real estate that has never been occupied or that was occupied by the licensee 
133.18 	for less than one year prior to purchase by the owner;
133.19 	(5) that the residential real estate is located in Minnesota;
133.20 	(6) that the owner or the lessee is not the spouse of the licensee or the personal 
133.21 	representative of the licensee;
133.22 	(7) the amount of the final judgment, any amount paid in satisfaction of the final 
133.23 	judgment, and the amount owing on the final judgment as of the date of the verified 
133.24 	application; and
133.25 	(8) that the verified application is being served within two years after the judgment 
133.26 	became final.
133.27 	The owner's and the lessee's actual and direct out-of-pocket loss shall not include 
133.28 	attorney fees, interest on the loss, and interest on the final judgment obtained as a result of 
133.29 	the loss. An owner or lessee may serve a verified application regardless of whether the 
133.30 	final judgment has been discharged by a bankruptcy court. A judgment issued by a court is 
133.31 	final if all proceedings on the judgment have either been pursued and concluded or been 
133.32 	forgone, including all reviews and appeals. For purposes of this section, owners who are 
133.33 	joint tenants or tenants in common are deemed to be a single owner. For purposes of this 
133.34 	section, owners and lessees eligible for payment of compensation from the fund shall not 
133.35 	include government agencies, political subdivisions, financial institutions, and any other 
133.36 	entity that purchases, guarantees, or insures a loan secured by real estate.
134.1 		Subd. 7.Commissioner review. The commissioner shall within 120 days after 
134.2 	receipt of the verified application:
134.3 	(1) enter into an agreement with an owner or a lessee that resolves the verified 
134.4 	application for compensation from the fund; or
134.5 	(2) issue an order to the owner or the lessee accepting, modifying, or denying the 
134.6 	verified application for compensation from the fund.
134.7 	Upon receipt of an order issued under clause (2), the owner or the lessee shall have 
134.8 	30 days to serve upon the commissioner a written request for a hearing. If the owner or 
134.9 	the lessee does not serve upon the commissioner a timely written request for hearing, the 
134.10 	order issued under clause (2) shall become a final order of the commissioner that may not 
134.11 	be reviewed by any court or agency. The commissioner shall order compensation from 
134.12 	the fund only if the owner or the lessee has filed a verified application that complies with 
134.13 	subdivision 6 and if the commissioner determines based on review of the application that 
134.14 	compensation should be paid from the fund. The commissioner shall not be bound by any 
134.15 	prior settlement, compromise, or stipulation between the owner or the lessee and the 
134.16 	licensee.
134.17 		Subd. 8.Administrative hearing. If an owner or a lessee timely serves a request 
134.18 	for hearing under subdivision 7, the commissioner shall request that an administrative law 
134.19 	judge be assigned and that a hearing be conducted under the contested case provisions 
134.20 	of chapter 14 within 30 days after the service of the request for hearing upon the 
134.21 	commissioner. Upon petition of the commissioner, the administrative law judge shall 
134.22 	continue the hearing up to 60 days and upon a showing of good cause may continue the 
134.23 	hearing for such additional period as the administrative law judge deems appropriate. 
134.24 	At the hearing the owner or the lessee shall have the burden of proving by substantial 
134.25 	evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue 
134.26 	findings of fact, conclusions of law, and order. If the administrative law judge finds that 
134.27 	compensation should be paid to the owner or the lessee, the administrative law judge 
134.28 	shall order the commissioner to make payment from the fund of the amount it finds to be 
134.29 	payable pursuant to the provisions of and in accordance with the limitations contained in 
134.30 	this section. The order of the administrative law judge shall constitute the final decision of 
134.31 	the agency in the contested case. Judicial review of the administrative law judge's findings 
134.32 	of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
134.33 		Subd. 9.Satisfaction of applications for compensation. The commissioner shall 
134.34 	pay compensation from the fund to an owner or a lessee pursuant to the terms of an 
134.35 	agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final 
134.36 	order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1 
135.1 	of the fiscal year following the fiscal year during which the agreement was entered into or 
135.2 	during which the order became final, subject to the limitations of this section. At the end 
135.3 	of each fiscal year the commissioner shall calculate the amount of compensation to be 
135.4 	paid from the fund pursuant to agreements that have been entered into under subdivision 
135.5 	7, clause (1), and final orders that have been issued under subdivision 7, clause (2), or 
135.6 	subdivision 8. If the calculated amount exceeds the amount available for payment, then 
135.7 	the commissioner shall allocate the amount available among the owners and the lessees 
135.8 	in the ratio that the amount agreed to or ordered to be paid to each owner or lessee 
135.9 	bears to the amount calculated. The commissioner shall mail notice of the allocation to 
135.10 	all owners and lessees not less than 45 days following the end of the fiscal year. Any 
135.11 	compensation paid by the commissioner in accordance with this subdivision shall be 
135.12 	deemed to satisfy and extinguish any right to compensation from the fund based upon the 
135.13 	verified application of the owner or lessee.
135.14 		Subd. 10.Criminal penalty. It shall be unlawful for any person or the agent of any 
135.15 	person to knowingly file with the commissioner any application, notice, statement, or other 
135.16 	document required under the provisions of this section that is false or untrue or contains 
135.17 	any material misstatement of fact. Such conduct shall constitute a gross misdemeanor.
135.18 		Subd. 11.Right of subrogation. If the commissioner pays compensation from the 
135.19 	fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a 
135.20 	final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner 
135.21 	shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final 
135.22 	judgment in the amount of compensation paid from the fund and the owner or the lessee 
135.23 	shall assign to the commissioner all rights, title, and interest in the final judgment in 
135.24 	the amount of compensation paid. The commissioner shall deposit in the fund money 
135.25 	recovered under this subdivision.
135.26 		Subd. 12.Effect of section on commissioner's authority. Nothing contained 
135.27 	in this section shall limit the authority of the commissioner to take disciplinary action 
135.28 	against a licensee under the provisions of this chapter. A licensee's repayment in full of 
135.29 	obligations to the fund shall not nullify or modify the effect of any other disciplinary 
135.30 	proceeding brought under the provisions of this chapter.
135.31 		Subd. 13.Limitation. Nothing may obligate the fund to compensate:
135.32 	(1) insurers or sureties under subrogation or similar theories; or
135.33 	(2) owner of residential property for final judgments against a prior owner of the 
135.34 	residential property unless the claim is brought and judgment is rendered for breach of the 
135.35 	statutory warranty set forth in chapter 327A.
136.1 		Subd. 14.Condominiums or townhouses. For purposes of this section, the owner 
136.2 	or the lessee of a condominium or townhouse is considered an owner or a lessee of 
136.3 	residential property regardless of the number of residential units per building.
136.4 		Subd. 15.Accelerated compensation. Payments made from the fund to compensate 
136.5 	owners and lessees that do not exceed the jurisdiction limits for conciliation court matters 
136.6 	as specified in section 491A.01 may be paid on an accelerated basis if all of the following 
136.7 	requirements have been satisfied:
136.8 	(a) The owner or the lessee has served upon the commissioner a verified application 
136.9 	for compensation that complies with the requirements set out in subdivision 6 and the 
136.10 	commissioner determines based on review of the application that compensation should be 
136.11 	paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket 
136.12 	loss in the transaction, minus attorney fees, interest on the loss and on the judgment 
136.13 	obtained as a result of the loss, and any satisfaction of the judgment, and make payment 
136.14 	to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days 
136.15 	after the owner or lessee serves the verified application.
136.16 	(b) The commissioner may pay compensation to owners or lessees that totals not 
136.17 	more than $50,000 per licensee per fiscal year under this accelerated process. The 
136.18 	commissioner may prorate the amount of compensation paid to owners or lessees under 
136.19 	this subdivision if applications submitted by owners and lessees seek compensation in 
136.20 	excess of $50,000 against a licensee. Any unpaid portion of a verified application that 
136.21 	has been prorated under this subdivision shall be satisfied in the manner set forth in 
136.22 	subdivision 9.
136.23 		Subd. 16.Appropriation. Money in the fund is appropriated to the commissioner 
136.24 	for the purposes of this section.
136.25 		Subd. 17.Additional assessment. If the balance in the fund is at any time less than 
136.26 	the commissioner determines is necessary to carry out the purposes of this section, every 
136.27 	licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the 
136.28 	fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall 
136.29 	set the amount of assessment based on a reasonable determination of the amount that is 
136.30 	necessary to restore a balance in the fund adequate to carry out the purposes of this section.

136.31 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
136.32 	subdivisions 1 and 3 are effective July 1, 2007.

136.33 	Sec. 30. REVISOR'S INSTRUCTION.
 137.1 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
137.2 	column A with the number listed in column B. The revisor shall also make necessary 
137.3 	cross-reference changes consistent with the renumbering.

137.4 | | Column A | Column B
137.5 | | 325E.58 | 326B.865
137.6 | | 326.83 | 326B.802
137.7 | | 326.84 | 326B.805
137.8 | | 326.841 | 327B.041
137.9 | | 326.842 | 326B.81
137.10 | | 326.86 | 326B.815
137.11 | | 326.87 | 326B.82
137.12 | | 326.88 | 326B.825
137.13 | | 326.89 | 326B.83
137.14 | | 326.90 | 326B.835
137.15 | | 326.91 | 326B.84
137.16 | | 326.92 | 326B.845
137.17 | | 326.921 | 326B.85
137.18 | | 326.93 | 326B.855
137.19 | | 326.94 | 326B.86
137.20 | | 326.95 | 326B.87
137.21 | | 326.951 | 326B.875
137.22 | | 326.96 | 326B.88
137.23 | | 326.97 | 326B.885

137.24 	ARTICLE 9
137.25 	BOILERS; PRESSURE VESSELS; BOATS

137.26 	Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:
137.27 	183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS; 
137.28 	LICENSES.
137.29 		Subdivision 1.All boilers inspected. The ~~Division of Boiler Inspection~~
137.30 	commissioner shall inspect all boilers and pressure vessels in use not expressly excepted 
137.31 	from such inspection by law. ~~Immediately~~ Upon inspection the ~~Division of Boiler~~ 
137.32 	~~Inspection~~ commissioner shall issue a certificate of inspection therefor or a certificate 
137.33 	condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and 
137.34 	certificates shall be prepared and furnished by the commissioner. The ~~Division of Boiler~~ 
137.35 	~~Inspection~~ commissioner shall examine all applicants for engineer's licenses. The ~~chief of~~ 
137.36 	~~the Division of Boiler Inspection~~ commissioner shall issue such license to an applicant as 
137.37 	the examination shall show the applicant is entitled to receive.
138.1 		Subd. 2.Inspector's examination. For the purpose of examining applicants 
138.2 	for ~~license~~ a National Board of Boiler and Pressure Vessel Inspectors commission, the 
138.3 	~~chief of the Division of Boiler Inspection or the deputy chief~~ commissioner shall fix and 
138.4 	determine a time and place for the examinations, and give notice to all applicants of the 
138.5 	time and place. The ~~chief or the deputy chief~~ commissioner shall grant and sign such 
138.6 	license certificates as applicants are entitled to receive upon examination. Applicants may 
138.7 	be examined and issued certificates of competency as inspectors of boilers and pressure 
138.8 	vessels.

138.9 	Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:
138.10 		Subdivision 1.Inspector requirements. Each boiler inspector shall be ~~a person~~ 
138.11 	~~of good moral character, shall be~~ licensed in this state as a chief grade A engineer, and 
138.12 	must hold a national board commission as a boiler inspector within 12 months of being 
138.13 	employed as a boiler inspector by the department. An inspector shall not be interested in 
138.14 	the manufacture or sale of boilers or steam machinery or in any patented article required 
138.15 	or generally used in the construction of engines or boilers or their appurtenances.

138.16 	Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:
138.17 		Subd. 2.Inspection. When used for display and demonstration purposes, steam 
138.18 	farm traction engines, portable and stationary show engines and portable and stationary 
138.19 	show boilers shall be inspected every two years according to law.
138.20 	(a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly 
138.21 	by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards 
138.22 	in paragraph (b), before being certified for use in Minnesota.
138.23 	(b) Standards for inspection of show boilers shall be those established by the 
138.24 	National Board Inspection Code ANSI/NB23 and by the rules adopted by the department 
138.25 	~~of Labor and Industry, Division of Boiler Inspection,~~ and as follows:
138.26 	(1) the boiler shall be subjected to the appropriate method of nondestructive 
138.27 	examination, at the owner's expense, as deemed necessary by the boiler inspector to 
138.28 	determine soundness and safety of the boiler;
138.29 	(2) the boiler shall be tested by ultrasonic examination for metal thickness (for 
138.30 	purposes of calculating the maximum allowable working pressure the thinnest reading 
138.31 	shall be used and a safety factor of six shall be used in calculating maximum allowable 
138.32 	working pressure on all non-ASME-code hobby and show boilers); and
138.33 	(3) repairs and alterations made to show boilers must be made pursuant to section  
138.34 	183.466. 
139.1 	(c) Further each such object shall successfully complete an inspection of:
139.2 	(1) the fusible plug;
139.3 	(2) the safety valve, which must be of ~~American Society of Mechanical Engineers'~~
139.4 	ASME approved design and set at the maximum allowable working pressure and sealed in 
139.5 	an appropriate manner not allowing tampering with the valve setting without destroying 
139.6 	the seal; and
139.7 	(3) the boiler power piping.
139.8 	Any longitudinal cracks found in riveted longitudinal seams requires that the vessel 
139.9 	be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed, 
139.10 	the jacket must be removed prior to inspection.

139.11 	Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:
139.12 	183.42 INSPECTION AND REGISTRATION.
139.13 		Subdivision 1.Inspection. Every owner, lessee, or other person having charge of 
139.14 	boilers or pressure vessels subject to inspection under this chapter shall cause them to be 
139.15 	inspected by the ~~Division of Boiler Inspection~~ department. Except as provided in sections 
139.16 	183.411 and 183.45, boilers subject to inspection under this chapter must be inspected at 
139.17 	least annually and pressure vessels inspected at least every two years ~~except as provided~~ 
139.18 	~~under section 183.45~~. The commissioner shall assess a $250 penalty per applicable boiler 
139.19 	or pressure vessel for failure to have the inspection required by this section and may seal 
139.20 	the boiler or pressure vessel for refusal to allow an inspection as required by this section.
139.21 		Subd. 2.Registration. Every owner, lessee, or other person having charge of 
139.22 	boilers or pressure vessels subject to inspection under this chapter, except hobby boilers 
139.23 	under section 183.411, shall register said objects with the ~~Division of Boiler Inspection~~
139.24 	department. The registration shall be renewed annually and is applicable to each object 
139.25 	separately. The fee for registration of a boiler or pressure vessel shall be pursuant to 
139.26 	section 183.545, subdivision 10. The ~~Division of Boiler Inspection~~ department may issue 
139.27 	a billing statement for each boiler and pressure vessel on record with the division, and 
139.28 	may determine a monthly schedule of billings to be followed for owners, lessees, or other 
139.29 	persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
139.30 		Subd. 3.Certificate of registration. The ~~Division of Boiler Inspection~~ department
139.31 	shall issue a certificate of registration that lists the registered boilers and pressure vessels 
139.32 	at the location, expiration date of the certificate of registration, last inspection date of 
139.33 	each registered boiler and pressure vessel, and maximum allowable working pressure for 
139.34 	each registered boiler and pressure vessel. The commissioner may make an electronic 
140.1 	certificate of registration available to be printed by the owner, lessee, or other person 
140.2 	having charge of the registered boiler or pressure vessel.

140.3 	Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:
140.4 	183.45 INSPECTION.
140.5 		Subdivision 1.Inspection requirements. All boilers and steam generators must 
140.6 	be inspected by the ~~Division of Boiler Inspection~~ department before they are used and 
140.7 	all boilers must be inspected at least once each year thereafter except as provided under 
140.8 	subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure 
140.9 	or hammer test, and shall ascertain by a thorough internal and external examination 
140.10 	that they are well made and of good and suitable material; that the openings for the 
140.11 	passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of 
140.12 	proper dimensions and free from obstructions; that the flues are circular in form; that the 
140.13 	arrangements for delivering the feed water are such that the boilers cannot be injured 
140.14 	thereby; and that such boilers and their connections may be safely used without danger to 
140.15 	life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions, 
140.16 	sufficient in number, and properly arranged, and that the safety valves are so adjusted as 
140.17 	to allow no greater pressure in the boilers than the amount prescribed by the inspector's 
140.18 	certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate 
140.19 	the amount of water, and suitable gauges that will correctly record the pressure; and 
140.20 	that the fusible metals are properly inserted where required so as to fuse by the heat of 
140.21 	the furnace whenever the water in the boiler falls below its prescribed limit; and that 
140.22 	provisions are made for an ample supply of water to feed the boilers at all times; and that 
140.23 	means for blowing out are provided, so as to thoroughly remove the mud and sediment 
140.24 	from all parts when under pressure.
140.25 		Subd. 2.Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000 
140.26 	pounds per hour or more capacity which has an internal continuous water treatment 
140.27 	program approved by the department and which the ~~chief boiler inspector~~ commissioner
140.28 	has determined to be in compliance with paragraph (c).
140.29 	(b) A qualifying boiler must be inspected at least once every 24 months internally 
140.30 	and externally while not under pressure and at least once every 18 months externally 
140.31 	while under pressure. If the inspector considers it necessary to conduct a hydrostatic test 
140.32 	to determine the safety of a boiler, the test must be conducted under the direction of the 
140.33 	owner, contractor, or user of the equipment under the supervision of an inspector.
140.34 	(c) The owner of a qualifying boiler must keep accurate records showing the date 
140.35 	and actual time the boiler is out of service, the reason or reasons therefor, and the chemical 
141.1 	physical laboratory analysis of samples of the boiler water taken at regular intervals of 
141.2 	not more than 48 hours of operation which adequately show the condition of the water, 
141.3 	and any elements or characteristics of the water capable of producing corrosion or other 
141.4 	deterioration of the boiler or its parts.
141.5 	(d) If an inspector determines there are substantial deficiencies in equipment or in 
141.6 	boiler water treatment operating procedures, inspections of a qualifying boiler may be 
141.7 	required once every 12 months until the ~~chief boiler inspector~~ commissioner finds that the 
141.8 	substantial deficiencies have been corrected.

141.9 	Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:
141.10 	183.46 TESTS.
141.11 	In subjecting both high and low pressure boilers and pressure vessels to the 
141.12 	hydrostatic test, and to determine the safe allowable working pressure, the inspector shall 
141.13 	use the latest approved formula of the ~~American Society of Mechanical Engineers~~ ASME
141.14 	Code or National Board Inspection Code, as applicable.

141.15 	Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:
141.16 	183.465 STANDARDS OF INSPECTION.
141.17 	The engineering standards of boilers and pressure vessels for use in this state shall 
141.18 	be that established by the current edition of ~~the~~ and amendments to the ASME Code or the 
141.19 	National Board Inspection Code, as applicable, for construction, operation and care of, 
141.20 	in-service inspection and testing, and controls and safety devices ~~codes of the American~~ 
141.21 	~~Society of Mechanical Engineers and amendments thereto~~, and by the rules ~~of the Division~~ 
141.22 	~~of Boiler Inspection~~ adopted by the department ~~of Labor and Industry~~.

141.23 	Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:
141.24 	183.466 STANDARDS OF REPAIRS.
141.25 	The rules for repair of boilers and pressure vessels for use in this state shall be those 
141.26 	established by the National Board of Boiler and Pressure Vessel Inspectors inspection 
141.27 	code and the rules ~~of the Division of Boiler Inspection~~ adopted by the department ~~of~~ 
141.28 	~~Labor and Industry~~.

141.29 	Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:
141.30 	183.48 SPECIAL EXAMINATION.
142.1 	~~At any time the inspector deems it necessary an examination shall be made of any~~ 
142.2 	If an inspector examines a boiler or pressure vessel ~~which there is reason to believe has~~ 
142.3 	~~become~~ and determines that the boiler or pressure vessel is unsafe, ~~and~~ the inspector shall
142.4 	notify the ~~owners or operators thereof~~ owner or operator of any defect ~~therein, and what~~ 
142.5 	~~repairs are necessary~~ in that boiler or pressure vessel. Such boiler or pressure vessel 
142.6 	shall not thereafter be used until ~~so repaired~~ the defect is corrected. Boilers found to be 
142.7 	operated by unlicensed or improperly licensed persons shall not be used until the operators 
142.8 	are properly licensed. If circumstances warrant continued operation, approval may be 
142.9 	given for continuing operation for a specific period of time, not to exceed 30 days, at the 
142.10 	discretion of the boiler inspector.

142.11 	Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:
142.12 	183.501 LICENSE REQUIREMENT.
142.13 	(a) No ~~person~~ individual shall be entrusted with the operation of or operate any 
142.14 	boiler, steam engine, or turbine who has not received a license of grade covering that 
142.15 	boiler, steam engine or turbine. The license shall be renewed annually, except as provided 
142.16 	in section 183.411. ~~When a violation of this section occurs the Division of Boiler~~ 
142.17 	~~Inspection may cause a complaint to be made for the prosecution of the offender and shall~~ 
142.18 	~~be entitled to sue for and obtain injunctive relief in the district courts for such violations.~~
142.19 	(b) For purposes of this chapter, "operation" shall not include monitoring of an 
142.20 	automatic boiler, either through on premises inspection of the boiler or by remote 
142.21 	electronic surveillance, provided that no operations are performed upon the boiler other 
142.22 	than emergency shut down in alarm situations.
142.23 	(c) No individual under the influence of illegal drugs or alcohol shall be entrusted 
142.24 	with the operation of or shall operate any boiler, steam engine, or turbine, or shall be 
142.25 	entrusted with the monitoring of or shall monitor an automatic boiler.

142.26 	Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:
142.27 	183.505 APPLICATIONS FOR LICENSES.
142.28 	The ~~chief boiler inspector~~ commissioner shall prepare blank applications on which 
142.29 	applications for ~~engineers'~~ licenses shall be made ~~under oath of the applicant~~. These 
142.30 	blanks shall ~~be so formulated as to~~ elicit such information as is ~~desirable~~ needed to 
142.31 	~~enable the examiners to pass on~~ determine whether an applicant meets the qualifications 
142.32 	~~of applicants~~ required for the license.

143.1 	Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:
143.2 	183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
143.3 		Subdivision 1.Engineers, classes. Engineers shall be divided into four classes:
143.4 	(1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade 
143.5 	A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade 
143.6 	C. (4) Special engineers.
143.7 		Subd. 2.Applications. Any ~~person~~ individual who desires an engineer's license 
143.8 	shall submit ~~a written~~ an application~~, on blanks furnished by the commissioner or designee~~
143.9 	on a written or electronic form prescribed by the commissioner, at least 15 days before 
143.10 	the requested exam date. The application ~~is valid for~~ permits the applicant to take the 
143.11 	examination on one occasion within one year from the date the commissioner ~~or designee~~ 
143.12 	~~received~~ receives the application.
143.13 		Subd. 2a.Examinations. Each applicant for a license must pass an examination 
143.14 	~~approved~~ developed and administered by the commissioner. The examinations shall be 
143.15 	of sufficient scope to establish the competency of the applicant to operate a boiler of the 
143.16 	applicable license class and grade.
143.17 		Subd. 3.High and low pressure boilers. For the purposes of this section and 
143.18 	section  183.50, high pressure boilers shall mean boilers operating at a steam or other vapor 
143.19 	pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure 
143.20 	exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit. 
143.21 	Low pressure boilers shall mean boilers operating at a steam or other vapor pressure 
143.22 	of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed 
143.23 	160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
143.24 		Subd. 4.Chief engineer, Grade A. ~~A person~~ An individual seeking licensure as 
143.25 	a chief engineer, Grade A, shall be at least 18 years of age and have experience which 
143.26 	verifies that the ~~person~~ individual is competent to take charge of and be responsible for the 
143.27 	safe operation and maintenance of all classes of boilers, steam engines, and turbines and 
143.28 	their appurtenances; and, before receiving a license, the applicant shall take and subscribe 
143.29 	an oath attesting to at least five years actual experience in operating such boilers, including 
143.30 	at least two years experience in operating such engines or turbines.
143.31 		Subd. 5.Chief engineer, Grade B. ~~A person~~ An individual seeking licensure as a 
143.32 	chief engineer, Grade B, shall be at least 18 years of age and have habits and experience 
143.33 	which justify the belief that the ~~person~~ individual is competent to take charge of and be 
143.34 	responsible for the safe operation and maintenance of all classes of boilers and their 
143.35 	appurtenances; and, before receiving a license, the applicant shall take and subscribe an 
143.36 	oath attesting to at least five years actual experience in operating those boilers.
144.1 		Subd. 6.Chief engineer, Grade C. ~~A person~~ An individual seeking licensure as a 
144.2 	chief engineer, Grade C, shall be at least 18 years of age and have habits and experience 
144.3 	which justify the belief that the ~~person~~ individual is competent to take charge of and 
144.4 	be responsible for the safe operation and maintenance of all classes of low pressure 
144.5 	boilers and their appurtenances, and before receiving a license, the applicant shall take 
144.6 	and subscribe an oath attesting to at least five years of actual experience in operating 
144.7 	such boilers.
144.8 		Subd. 7.First-class engineer, Grade A. ~~A person~~ An individual seeking licensure 
144.9 	as a first-class engineer, Grade A, shall be at least 18 years of age and have experience 
144.10 	which verifies that the ~~person~~ individual is competent to take charge of and be responsible 
144.11 	for the safe operation and maintenance of all classes of boilers, engines, and turbines and 
144.12 	their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a 
144.13 	plant of unlimited horsepower. Before receiving a license, the applicant shall take and 
144.14 	subscribe an oath attesting to at least three years actual experience in operating such 
144.15 	boilers, including at least two years experience in operating such engines or turbines.
144.16 		Subd. 8.First-class engineer, Grade B. ~~A person~~ An individual seeking licensure 
144.17 	as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and 
144.18 	experience which justify the belief that the ~~person~~ individual is competent to take charge 
144.19 	of and be responsible for the safe operation and maintenance of all classes of boilers of 
144.20 	not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited 
144.21 	horsepower. Before receiving a license the applicant shall take and subscribe an oath 
144.22 	attesting to at least three years actual experience in operating such boilers.
144.23 		Subd. 9.First-class engineer, Grade C. ~~A person~~ An individual seeking licensure 
144.24 	as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and 
144.25 	experience which justify the belief that the ~~person~~ individual is competent to take charge 
144.26 	of and be responsible for the safe operation and maintenance of all classes of low pressure 
144.27 	boilers and their appurtenances of not more than 300 horsepower or to operate as a shift 
144.28 	engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the 
144.29 	applicant shall take and subscribe an oath attesting to at least three years actual experience 
144.30 	in operating such boilers.
144.31 		Subd. 10.Second-class engineer, Grade A. ~~A person~~ An individual seeking 
144.32 	licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have 
144.33 	experience which verifies that the ~~person~~ individual is competent to take charge of and 
144.34 	be responsible for the safe operation and maintenance of all classes of boilers, engines, 
144.35 	and turbines and their appurtenances of not more than 100 horsepower or to operate 
144.36 	as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift 
145.1 	engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving 
145.2 	a license the applicant shall take and subscribe an oath attesting to at least one year of 
145.3 	actual experience in operating such boilers, including at least one year of experience in 
145.4 	operating such engines or turbines.
145.5 		Subd. 11.Second-class engineer, Grade B. ~~A person~~ An individual seeking 
145.6 	licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have 
145.7 	habits and experience which justify the belief that the ~~person~~ individual is competent to 
145.8 	take charge of and be responsible for the safe operation and maintenance of all classes of 
145.9 	boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not 
145.10 	more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant 
145.11 	of unlimited horsepower. Before receiving a license the applicant shall take and subscribe 
145.12 	an oath attesting to at least one year of actual experience in operating such boilers.
145.13 		Subd. 12.Second-class engineer, Grade C. ~~A person~~ An individual seeking 
145.14 	licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have 
145.15 	habits and experience which justify the belief that the ~~person~~ individual is competent to 
145.16 	take charge of and be responsible for the safe operation and maintenance of all classes 
145.17 	of low pressure boilers and their appurtenances of not more than 100 horsepower or to 
145.18 	operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or 
145.19 	to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited 
145.20 	horsepower. Before receiving a license, the applicant shall take and subscribe an oath 
145.21 	attesting to at least one year of actual experience in operating such boilers.
145.22 		Subd. 13.Special engineer. ~~A person~~ An individual seeking licensure as a special 
145.23 	engineer shall be at least 18 years of age and have habits and experience which justify 
145.24 	the belief that the ~~person~~ individual is competent to take charge of and be responsible for 
145.25 	the safe operation and maintenance of all classes of boilers and their appurtenances of 
145.26 	not more than 30 horsepower or to operate as a shift engineer in a plant of not more than 
145.27 	100 horsepower, or to serve as an apprentice in any plant under the direct supervision of 
145.28 	the properly licensed engineer.
145.29 		Subd. 14.Current boiler operators. Any ~~person~~ individual operating a boiler other 
145.30 	than a steam boiler on or before April 15, 1982 shall be qualified for application for the 
145.31 	applicable class license upon presentation of an affidavit furnished by an inspector and 
145.32 	sworn to by the ~~person's~~ individual's employer or a chief engineer. The applicant must 
145.33 	have at least the number of years of actual experience specified for the class of license 
145.34 	requested and pass the appropriate examination.
145.35 		Subd. 15.Rating horsepower. For the purpose of rating boiler horsepower for 
145.36 	engineer license classifications only: ten square feet of heating surface shall be considered 
146.1 	equivalent to one boiler horsepower for conventional boilers and five square feet of 
146.2 	heating surface equivalent to one boiler horsepower for steam coil type generators.

146.3 	Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:
146.4 		Subdivision 1.~~Safety~~ Inspection certificate. After examination and tests~~, if a boiler~~ 
146.5 	~~inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall~~ 
146.6 	~~deliver to the chief boiler inspector a verified certificate in such form as prescribed by~~ 
146.7 	~~the chief boiler inspector containing a specification of the tests applied and the working~~ 
146.8 	~~pressure allowed. A copy of the certificate is delivered to the owner of the boiler or~~ 
146.9 	~~pressure vessel, who shall place and retain the same in a conspicuous place on or near~~ 
146.10 	~~the boiler or pressure vessel.~~ of the boiler or pressure vessel being inspected, the boiler 
146.11 	inspector shall document the condition of the boiler or pressure vessel as required by the 
146.12 	commissioner. The inspector shall issue an inspection certificate, as prescribed by the 
146.13 	commissioner, to the owner or operator for the inspected boilers and pressure vessels 
146.14 	found to be safe and suitable for use. The inspector shall immediately notify the owner or 
146.15 	operator of any deficiencies found on the boilers and pressure vessels during the inspection 
146.16 	on a form prescribed by the commissioner.

146.17 	Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:
146.18 		Subd. 3.Failure to pay fee. If the owner or lessee of any boiler or pressure vessel, 
146.19 	which boiler or pressure vessel has been duly inspected, refuses to pay the required fee 
146.20 	within 30 days from the date of the ~~inspection~~ invoice, the ~~chief boiler inspector, or~~ 
146.21 	~~deputy,~~ department may seal the boiler or pressure vessel until the fee is paid.

146.22 	Sec. 15. Minnesota Statutes 2006, section 183.545, subdivision 2, is amended to read:
146.23 		Subd. 2.Fee amounts; master's. The license and application fee for a master's 
146.24 	license is ~~$50~~ $45, or ~~$20~~ $15 if the applicant possesses a valid, unlimited, current United 
146.25 	States Coast Guard master's license. The annual renewal of a master's license is ~~$20~~ $15. 
146.26 	The annual renewal if paid later than 30 days after expiration is ~~$35~~ $30. The fee for 
146.27 	replacement of a current, valid license is ~~$20~~ $15.

146.28 	EFFECTIVE DATE. This section is effective July 1, 2007.

146.29 	Sec. 16. Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:
146.30 		Subd. 4.Boiler engineer license fees. For the following licenses, the nonrefundable 
146.31 	license and application fee is:
146.32 	(1) chief engineer's license, ~~$50~~ $45;
147.1 	(2) first class engineer's license, ~~$50~~ $45;
147.2 	(3) second class engineer's license, ~~$50~~ $45;
147.3 	(4) special engineer's license, ~~$20~~ $15; and
147.4 	(5) traction or hobby boiler engineer's license, ~~$50~~ $45.
147.5 	An engineer's license may be renewed upon application and payment of an annual 
147.6 	renewal fee of ~~$20~~ $15. The annual renewal, if paid later than 30 days after expiration, is 
147.7 	~~$35~~ $30. The fee for replacement of a current, valid license is ~~$20~~ $15.

147.8 	EFFECTIVE DATE. This section is effective July 1, 2007.

147.9 	Sec. 17. Minnesota Statutes 2006, section 183.545, subdivision 8, is amended to read:
147.10 		Subd. 8.Certificate of competency. The fee for issuance of the original state of 
147.11 	Minnesota certificate of competency for inspectors is ~~$50~~ $45. This fee is waived for 
147.12 	inspectors who paid the examination fee. The fee for an annual renewal of the state of 
147.13 	Minnesota certificate of competency is ~~$35~~ $30, and is due January 1 of each year. The 
147.14 	fee for replacement of a current, valid license is ~~$35~~ $30.

147.15 	EFFECTIVE DATE. This section is effective July 1, 2007.

147.16 	Sec. 18. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision 
147.17 	to read:
147.18 		Subd. 11.Late fee. The commissioner may assess a late fee of up to $100 for 
147.19 	each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date 
147.20 	stated on the invoice.

147.21 	EFFECTIVE DATE. This section is effective July 1, 2007.

147.22 	Sec. 19. Minnesota Statutes 2006, section 183.56, is amended to read:
147.23 	183.56 EXCEPTIONS.
147.24 	The provisions of sections 183.38 to 183.62, shall not apply to: 
147.25 	(1) boilers in buildings occupied solely for residence purposes with accommodations 
147.26 	for not more than five families;
147.27 	(2) railroad locomotives operated by railroad companies for transportation purposes;
147.28 	(3) air tanks installed on the right-of-way of railroads and used directly in the 
147.29 	operation of trains;
147.30 	(4) boilers and pressure vessels under the direct jurisdiction of the United States;
148.1 	(5) unfired pressure vessels having an internal or external working pressure not 
148.2 	exceeding 15 p.s.i.g. with no limit on size;
148.3 	(6) pressure vessels used for storage of compressed air not exceeding five cubic feet 
148.4 	in volume and equipped with an ~~American Society of Mechanical Engineers~~ ASME code 
148.5 	stamped safety valve set at a maximum of 100 p.s.i.g.;
148.6 	(7) pressure vessels having an inside diameter not exceeding six inches;
148.7 	(8) every vessel that contains water under pressure, including those containing air 
148.8 	that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and 
148.9 	whose design temperature does not exceed 210 degrees Fahrenheit;
148.10 	(9) boiler or pressure vessels located on farms used solely for agricultural or 
148.11 	horticultural purposes; for purposes of this section, boilers used for mint oil extraction 
148.12 	are considered used for agricultural or horticultural purposes, provided that the owner or 
148.13 	lessee complies with the inspection requirements contained in section 183.42; 
148.14 	(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
148.15 	(11) unfired pressure vessels in petroleum refineries;
148.16 	(12) an air tank or pressure vessel which is an integral part of a passenger motor 
148.17 	bus, truck, or trailer;
148.18 	(13) hot water heating and other hot liquid boilers not exceeding a heat input of 
148.19 	750,000 BTU per hour;
148.20 	(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000 
148.21 	BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of 
148.22 	120 gallons, or a pressure of 160 p.s.i.g.;
148.23 	(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
148.24 	(16) pressure vessels operated full of water or other liquid not materially more 
148.25 	hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees 
148.26 	Fahrenheit or a pressure of 200 p.s.i.g.;
148.27 	(17) steam powered turbines at paper-making facilities which are powered by steam 
148.28 	generated by municipal steam district facilities at a remote location; and
148.29 	(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, 
148.30 	or antique motor vehicles constructed or maintained only as a hobby for exhibition, 
148.31 	educational or historical purposes and not for commercial use, if the boilers have an 
148.32 	inside diameter of 12 inches or less, or a grate area of two square feet or less, and are 
148.33 	equipped with an ~~American Society of Mechanical Engineers~~ ASME stamped safety valve 
148.34 	of adequate size, a water level indicator, and a pressure gauge.
148.35 	An engineer's license is not required for hot water supply boilers.
149.1 	An engineer's license is not required for boilers, steam cookers, steam kettles, steam 
149.2 	sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25 
149.3 	kilowatt, 2-1/2 horsepower ~~or~~ and a pressure of 15 p.s.i.g.
149.4 	Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum 
149.5 	of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and 
149.6 	shall not require an engineer license to operate.

149.7 	Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:
149.8 		Subdivision 1.Report required. Any insurance company insuring boilers and 
149.9 	pressure vessels in this state shall file a report showing the most recent date of inspection, 
149.10 	the name of the ~~person~~ individual making the inspection, the condition of the boiler or 
149.11 	pressure vessel as disclosed by the inspection, whether the boiler was operated by a 
149.12 	properly licensed engineer, whether a policy of insurance has been issued by the company 
149.13 	with reference to the boiler or pressure vessel, and other information as directed by the 
149.14 	~~chief boiler inspector~~ commissioner. Within 21 days after the inspection, the insurance 
149.15 	company shall file the report with the ~~chief boiler inspector or designee~~ commissioner. 
149.16 	The insurer shall provide a copy of the report to the person~~, firm, or corporation~~ owning or 
149.17 	operating the inspected boiler or pressure vessel. Such report shall be made annually for 
149.18 	boilers and biennially for pressure vessels.

149.19 	Sec. 21. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:
149.20 		Subd. 2.Exemption. Every boiler or pressure vessel as to which any insurance 
149.21 	company authorized to do business in this state has issued a policy of insurance, after the 
149.22 	inspection thereof, is exempt from inspection by the department made under sections 
149.23 	183.375 to 183.62, while the same continues to be insured and provided it continues 
149.24 	to be inspected in accordance with the inspection schedule set forth in sections 183.42
149.25 	and 183.45, and the person~~, firm, or corporation~~ owning or operating the same has an 
149.26 	unexpired certificate of registration.

149.27 	Sec. 22. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:
149.28 		Subd. 5.Notice of insurance coverage. The insurer shall notify the commissioner 
149.29 	~~or designee~~ in writing of its policy to insure and inspect boilers and pressure vessels at a 
149.30 	location within 30 days of receipt of notification from the insured that a boiler or pressure 
149.31 	vessel is present at an insured location. The insurer must also provide a duplicate of the 
149.32 	notification to the insured.

150.1 	Sec. 23. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:
150.2 		Subd. 6.Notice of discontinued coverage. The insurer shall notify the 
150.3 	commissioner ~~or designee~~ in writing, within 30 days of the effective date, of the 
150.4 	discontinuation of insurance coverage of the boilers and pressure vessels at a location 
150.5 	and the cause or reason for the discontinuation if the insurer has received notice from 
150.6 	the insured that a boiler or pressure vessel is present at an insured location, as provided 
150.7 	under subdivision 5. This notice shall show the effective date when the discontinued 
150.8 	policy takes effect.

150.9 	Sec. 24. Minnesota Statutes 2006, section 183.59, is amended to read:
150.10 	183.59 VIOLATIONS BY INSPECTORS.
150.11 	Every inspector who willfully certifies falsely regarding any boiler or its attachments, 
150.12 	or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license 
150.13 	to any ~~person~~ individual to act as engineer~~,~~ or master~~, or pilot~~ contrary to any provision of 
150.14 	sections  183.375 to  183.62, is guilty of a misdemeanor. In addition to this punishment the 
150.15 	inspector shall be removed from office forthwith. 

150.16 	Sec. 25. Minnesota Statutes 2006, section 183.60, is amended to read:
150.17 	183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
150.18 		Subdivision 1.Construction violation. ~~Every~~ No person ~~who constructs~~ shall 
150.19 	construct a boiler, boiler piping, or pressure vessel so as not to meet the minimum 
150.20 	construction requirements of the ~~American Society of Mechanical Engineers~~ ASME boiler 
150.21 	and pressure vessel code, and the rules of the ~~Division of Boiler Inspection adopted by the~~ 
150.22 	 department ~~of Labor and Industry is guilty of a gross misdemeanor~~.
150.23 		Subd. 2.Repair violation. ~~Every~~ No person ~~who repairs~~ a boiler or pressure vessel 
150.24 	by welding or riveting so as not to meet the minimum requirements established by the 
150.25 	current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection 
150.26 	code and the rules of the ~~Division of Boiler Inspection adopted by the~~ department ~~of Labor~~ 
150.27 	~~and Industry is guilty of a gross misdemeanor~~.
150.28 		Subd. 3.Sale violation. ~~Every~~ No manufacturer, jobber, dealer, or other person 
150.29 	~~selling or offering~~shall sell or offer for sale a boiler or pressure vessel that does not meet 
150.30 	the minimum construction requirements of the ~~American Society of Mechanical Engineers~~
150.31 	ASME boiler and pressure vessel code and the rules of the ~~Division of Boiler Inspection~~ 
150.32 	~~adopted by the~~ department ~~of Labor and Industry is guilty of a gross misdemeanor~~.

150.33 	Sec. 26. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:
151.1 		Subd. 2.Inspection violation. ~~Any~~ No person ~~who causes~~ shall cause to be 
151.2 	operated~~,~~ or ~~operates~~ shall operate~~,~~ any boiler or boat without having the same inspected 
151.3 	at least once each year, or pressure vessel, steam farm traction engine, portable or 
151.4 	stationary show engine, or portable or stationary show boiler without having it inspected 
151.5 	biennially, ~~and~~ or without having the proper engineer or ~~pilot~~ master license ~~is guilty~~ 
151.6 	~~of a misdemeanor~~.

151.7 	Sec. 27. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:
151.8 		Subd. 4.Failure to repair. ~~Every person operating or causing to be operated~~ After
151.9 	any boiler or pressure vessel ~~after it~~ has been examined and found to be unsafe and after the 
151.10 	owner or operator ~~thereof~~ of the boiler or pressure vessel has been notified of any defect 
151.11 	~~therein and what repairs are necessary to remedy the defect who fails to comply with the~~ 
151.12 	~~inspector's requirements is guilty of a misdemeanor~~ in it, no person shall operate the boiler 
151.13 	or pressure vessel or cause it to be operated unless and until the defect has been corrected.

151.14 	Sec. 28. [326B.93] INSPECTION PERSONNEL.
151.15 		Subdivision 1.Inspectors. The department may employ such inspectors and other 
151.16 	persons as are necessary to efficiently perform the duties and exercise the powers imposed 
151.17 	upon the department.
151.18 		Subd. 2.Chief boiler inspector. The commissioner shall appoint a chief boiler 
151.19 	inspector who, under the direction and supervision of the commissioner, shall administer 
151.20 	this chapter and the rules adopted under this chapter. The chief boiler inspector must: 
151.21 	(1) be licensed as a chief Grade A engineer; and 
151.22 	(2) possess a current commission issued by the National Board of Boiler and 
151.23 	Pressure Vessel Inspectors. 
151.24 	The chief boiler inspector shall be the state of Minnesota representative on the National 
151.25 	Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority 
151.26 	of the rules adopted under this chapter, and shall perform other duties in administering this 
151.27 	chapter and the rules adopted under this chapter as assigned by the commissioner.

151.28 	Sec. 29. [326B.94] BOATS; MASTERS.
151.29 		Subdivision 1.Boat. "Boat" means any vessel navigating inland waters of the state 
151.30 	that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet 
151.31 	or more in length.
152.1 		Subd. 2.Number of passengers. The department shall designate the number of 
152.2 	passengers that each boat may safely carry, and no such boat shall carry a greater number 
152.3 	than is allowed by the inspector's certificate.
152.4 		Subd. 3.Annual permit. The commissioner shall issue an annual permit to a boat 
152.5 	for the purpose of carrying passengers for hire on the inland waters of the state provided 
152.6 	the boat satisfies the inspection requirements of this section. A boat subject to inspection 
152.7 	under this chapter shall be registered with the department and shall be inspected before a 
152.8 	permit may be issued. No person shall operate a boat or cause a boat to be operated for the 
152.9 	purpose of carrying passengers for hire on the inland waters of the state without a valid 
152.10 	annual permit issued under this section. 
152.11 		Subd. 4.Examinations, licensing. The commissioner shall develop and administer 
152.12 	an examination for all masters of boats carrying passengers for hire on the inland waters of 
152.13 	the state as to their qualifications and fitness. If found qualified and competent to perform 
152.14 	their duties as a master of a boat carrying passengers for hire, they shall be issued a license 
152.15 	authorizing them to act as such on the inland waters of the state. The license shall be 
152.16 	renewed annually. Fees for the original issue and renewal of the license authorized under 
152.17 	this section shall be pursuant to section 183.545, subdivision 2.
152.18 		Subd. 5.Rules. (a) The department shall prescribe rules for the inspection of the 
152.19 	hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances, 
152.20 	and lifesaving equipment of all power boats navigating the inland waters of the state, 
152.21 	which shall conform to the requirements and specifications of the United States Coast 
152.22 	Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable 
152.23 	inland waters; these rules shall have the force of law.
152.24 	(b) The commissioner shall make such rules for inspection and operation of boats 
152.25 	subject to inspection under this chapter, the licensing of masters, and the navigation of any 
152.26 	such boat as will require its operation without danger to life or property.
152.27 		Subd. 6.Drugs, alcohol. No master shall be under the influence of illegal drugs 
152.28 	or alcohol when on duty.

152.29 	Sec. 30. REVISOR'S INSTRUCTION.
 152.30 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
152.31 	column A with the number listed in column B. The revisor shall also make necessary 
152.32 	cross-reference changes consistent with the renumbering.

152.33 | Column A | Column B
152.34 | 183.38 | 326B.952
152.35 | 183.39 | 326B.954
153.1 | 183.411 | 326B.956
153.2 | 183.42 | 326B.958
153.3 | 183.45 | 326B.96
153.4 | 183.46 | 326B.962
153.5 | 183.465 | 326B.964
153.6 | 183.466 | 326B.966
153.7 | 183.48 | 326B.968
153.8 | 183.50 | 326B.97
153.9 | 183.501 | 326B.972
153.10 | 183.502 | 326B.974
153.11 | 183.505 | 326B.976
153.12 | 183.51 | 326B.978
153.13 | 183.53 | 326B.98
153.14 | 183.54 | 326B.982
153.15 | 183.545 | 326B.986
153.16 | 183.56 | 326B.988
153.17 | 183.57 | 326B.99
153.18 | 183.59 | 326B.992
153.19 | 183.60 | 326B.994
153.20 | 183.61 | 326B.996
153.21 | 183.62 | 326B.998

153.22 	ARTICLE 10
153.23 	HIGH PRESSURE PIPING

153.24 	Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
153.25 	326.46 ~~SUPERVISION OF~~DEPARTMENT TO SUPERVISE HIGH 
153.26 	PRESSURE PIPING.
153.27 	The department ~~of Labor and Industry~~ shall supervise all high pressure piping used 
153.28 	on all projects in this state, and may prescribe minimum standards which shall be uniform.
153.29 	The department shall employ inspectors and other assistants to carry out the 
153.30 	provisions of sections  326.46 to  326.52. 

153.31 	Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
153.32 	to read:
153.33 		Subd. 1a.Contracting high pressure pipefitter. "Contracting high pressure 
153.34 	pipefitter" means an individual, such as a steamfitter, engaged in the planning, 
153.35 	superintending, and practical installation of high pressure piping and appurtenances, and 
153.36 	otherwise lawfully qualified to construct high pressure piping installations and make 
153.37 	replacements to existing plants, who is also qualified to conduct the business of high 
154.1 	pressure piping installations and who is familiar with the laws, rules, and minimum 
154.2 	standards governing them.

154.3 	Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
154.4 	to read:
154.5 		Subd. 2a.High pressure steam. "High pressure steam" means a pressure in excess 
154.6 	of 15 pounds per square inch.

154.7 	Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
154.8 	to read:
154.9 		Subd. 2b.Journeyman high pressure pipefitter.  "Journeyman high pressure 
154.10 	pipefitter" means an individual, such as a steamfitter, who is not a contracting high 
154.11 	pressure pipefitter and who is engaged in the practical installation of high pressure piping 
154.12 	and appurtenances in the employ of a contracting high pressure pipefitter.

154.13 	Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
154.14 	to read:
154.15 		Subd. 4.Pipefitter trainee. A "pipefitter trainee" is an individual, other than a 
154.16 	contracting pipefitter, journeyman pipefitter, or pipefitter apprentice, who as a principal 
154.17 	occupation is in the employ of a high pressure piping business license holder and is 
154.18 	engaged in pipefitter work to learn and assist in the practical construction and installation 
154.19 	of high pressure piping and appurtenances. For purposes of this subdivision, a "pipefitter 
154.20 	apprentice" is an individual employed in the trade of the practical construction and 
154.21 	installation of high pressure piping and appurtenances under an apprenticeship agreement 
154.22 	approved by the department under Minnesota Rules, part 5200.0300.

154.23 	EFFECTIVE DATE. This section is effective July 1, 2007.

154.24 	Sec. 6. Minnesota Statutes 2006, section 326.47, is amended to read:
154.25 	326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
154.26 		Subdivision 1.Required permit. No person~~, firm, or corporation~~ shall construct or 
154.27 	install high pressure piping systems without first filing an application for a permit with the 
154.28 	department ~~of Labor and Industry~~ or a municipality that has complied with subdivision 2. 
154.29 	~~Projects under construction prior to August 1, 1984, are not required to obtain a permit.~~
154.30 		Subd. 2.Permissive municipal regulation. ~~A municipality may, by ordinance,~~ 
154.31 	~~provide for the inspection of high pressure piping system materials and construction, and~~ 
155.1 	~~provide that it shall not be constructed or installed except in accordance with minimum~~ 
155.2 	~~state standards. The authority designated by the ordinance for issuing high pressure piping~~ 
155.3 	~~permits and assuring compliance with state standards must report to the Department of~~ 
155.4 	~~Labor and Industry all violations of state high pressure piping standards.~~
155.5 	~~A municipality may not adopt an ordinance with high pressure piping standards~~ 
155.6 	~~that does not conform to the uniform standards prescribed by the Department of Labor~~ 
155.7 	~~and Industry. The Department of Labor and Industry shall specify by rule the minimum~~ 
155.8 	~~qualifications for municipal inspectors.~~ The commissioner may enter into an agreement 
155.9 	with a municipality, in which the municipality agrees to perform inspections and issue 
155.10 	permits for the construction and installation of high pressure piping systems within the 
155.11 	municipality's geographical area of jurisdiction, if:
155.12 	(a) The municipality has adopted:
155.13 	(1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to 
155.14 	5230.6200;
155.15 	(2) an ordinance that authorizes the municipality to issue permits to persons holding 
155.16 	a high pressure piping business license issued by the department and only for construction 
155.17 	or installation that would, if performed properly, fully comply with all Minnesota Statutes 
155.18 	and Minnesota Rules;
155.19 	(3) an ordinance that authorizes the municipality to perform the inspections that are 
155.20 	required under Minnesota Statutes or Minnesota Rules of the construction and installation 
155.21 	of high pressure piping systems; and
155.22 	(4) an ordinance that authorizes the municipality to enforce the code for power 
155.23 	piping systems in its entirety.
155.24 	(b) The municipality agrees to issue permits only to persons holding a high pressure 
155.25 	piping business license as required by law at the time of the permit issuance, and only for 
155.26 	construction or installation that would, if performed properly, comply with all Minnesota 
155.27 	Statutes and Minnesota Rules governing the construction or installation of high pressure 
155.28 	piping systems.
155.29 	(c) The municipality agrees to issue permits only on forms approved by the 
155.30 	department.
155.31 	(d) The municipality agrees that, for each permit issued by the municipality, the 
155.32 	municipality shall perform one or more inspections of the construction or installation to 
155.33 	determine whether the construction or installation complies with all Minnesota Statutes 
155.34 	and Minnesota Rules governing the construction or installation of high pressure piping 
155.35 	systems, and shall prepare a written report of each inspection.
156.1 	(e) The municipality agrees to notify the commissioner within 24 hours after the 
156.2 	municipality discovers any violation of the licensing laws related to high pressure piping.
156.3 	(f) The municipality agrees to notify the commissioner immediately if the 
156.4 	municipality discovers that any entity has failed to meet a deadline set by the municipality 
156.5 	for correction of a violation of the high pressure piping laws.
156.6 	(g) The commissioner determines that the individuals who will conduct the 
156.7 	inspections for the municipality do not have any conflict of interest in conducting the 
156.8 	inspections.
156.9 	(h) Individuals who will conduct the inspections for the municipality are permanent 
156.10 	employees of the municipality and are licensed contracting high pressure pipefitters or 
156.11 	licensed journeyman high pressure pipefitters.
156.12 	(i) The municipality agrees to notify the commissioner within ten days of any 
156.13 	changes in the names or qualifications of the individuals who conduct the inspections 
156.14 	for the municipality.
156.15 	(j) The municipality agrees to enforce in its entirety the code for power piping 
156.16 	systems on all projects.
156.17 	(k) The municipality shall not approve any piping installation unless the installation 
156.18 	conforms to all applicable provisions of the high pressure piping laws in effect at the 
156.19 	time of the installation.
156.20 	(l) The municipality agrees to promptly require compliance or revoke a permit that 
156.21 	it has issued if there is noncompliance with any of the applicable provisions of the high 
156.22 	pressure piping laws in connection with the work covered by the permit. The municipality 
156.23 	agrees to revoke the permit if any laws regulating the licensing of pipefitters have been 
156.24 	violated.
156.25 	(m) The municipality agrees to keep official records of all documents received, 
156.26 	including permit applications, and of all permits issued, reports of inspections, and notices 
156.27 	issued in connection with inspections.
156.28 	(n) The municipality agrees to maintain the records described in paragraph (m) in 
156.29 	the official records of the municipality for the period required for the retention of public 
156.30 	records under section 138.17, and shall make these records readily available for review 
156.31 	according to section 13.37.
156.32 	(o) Not later than the tenth day of each month, the municipality shall submit to the 
156.33 	commissioner a report of all high pressure piping permits issued by the municipality during 
156.34 	the preceding month. This report shall be in a format approved by the commissioner 
156.35 	and shall include:
156.36 	(1) the name of the contractor;
157.1 	(2) the license number of the contractor's license issued by the commissioner;
157.2 	(3) the permit number;
157.3 	(4) the address of the job;
157.4 	(5) the date the permit was issued;
157.5 	(6) a brief description of the work; and
157.6 	(7) the amount of the inspection fee.
157.7 	(p) Not later than the 31st day of January of each year, the municipality shall submit 
157.8 	a summary report to the commissioner identifying the status of each high pressure piping 
157.9 	project for which the municipality issued a permit during the preceding year, and the 
157.10 	status of high pressure piping projects for which the municipality issued a permit during a 
157.11 	prior year where no final inspection had occurred by the first day of the preceding year. 
157.12 	This summary report shall include:
157.13 	(1) the permit number;
157.14 	(2) the date of any final inspection; and
157.15 	(3) identification of any violation of high pressure piping laws related to work 
157.16 	covered by the permit.
157.17 	(q) The municipality and the commissioner agree that if at any time during the 
157.18 	agreement the municipality does not have in effect the code for high pressure piping 
157.19 	systems or any of the ordinances described in paragraph (a), or if the commissioner 
157.20 	determines that the municipality is not properly administering and enforcing the code for 
157.21 	high pressure piping or is otherwise not complying with the agreement:
157.22 	(1) the commissioner may, effective 14 days after the municipality's receipt of 
157.23 	written notice, terminate the agreement and have the administration and enforcement of 
157.24 	the high pressure piping code in the involved municipality undertaken by the department; 
157.25 	(2) the municipality may challenge the termination in a contested case before the 
157.26 	commissioner pursuant to the Administrative Procedure Act; and
157.27 	(3) while any challenge under clause (2) is pending, the commissioner may exercise 
157.28 	oversight of the municipality to the extent needed to ensure that high pressure piping 
157.29 	inspections are performed and permits are issued in accordance with the high pressure 
157.30 	piping laws.
157.31 	(r) The municipality and the commissioner agree that the municipality may terminate 
157.32 	the agreement with or without cause on 90 days' written notice to the commissioner.
157.33 	(s) The municipality and the commissioner agree that no municipality shall 
157.34 	revoke, suspend, or place restrictions on any high pressure piping license issued by the 
157.35 	commissioner. If the municipality identifies during an inspection any violation that 
157.36 	may warrant revocation, suspension, or placement of restrictions on a high pressure 
158.1 	piping license issued by the commissioner, the municipality shall promptly notify the 
158.2 	commissioner of the violation and the commissioner shall determine whether revocation, 
158.3 	suspension, or placement of restrictions on any high pressure piping license issued by 
158.4 	the commissioner is appropriate.
158.5 		~~Subd. 5.Reporting of permits issued.~~ ~~Each municipality must submit to the~~ 
158.6 	~~Department of Labor and Industry a copy of each permit issued within ten days after~~ 
158.7 	~~issuance.~~
158.8 	~~All permits must be issued on forms prescribed by or approved by the Department of~~ 
158.9 	~~Labor and Industry.~~
158.10 		Subd. 6.Filing and inspection fees. (a) The department ~~of Labor and Industry~~ must 
158.11 	charge a filing fee ~~set by the commissioner under section 16A.1285~~ and an inspection fee
158.12 	for all applications for permits to construct or install high pressure piping systems. The 
158.13 	filing fee ~~for inspection of high pressure piping system construction or installation~~ shall 
158.14 	be ~~set by the commissioner under section 16A.1285~~ $100. ~~This subdivision does~~ The 
158.15 	inspection fee shall be calculated as follows.
158.16 	(1) When an application for a permit is filed prior to the start of construction or 
158.17 	installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus 
158.18 	0.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of 
158.19 	construction or installation.
158.20 	(2) Except as provided in paragraph (b), when an application for permit is filed after 
158.21 	the start of construction or installation, the inspection fee shall be the greater of: $1,100; 
158.22 	or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011 
158.23 	of the amount over $3,000,000 of the cost of construction or installation.
158.24 	(b) The commissioner shall consider any extenuating circumstances that caused an 
158.25 	application for permit to be filed after the start of construction or installation. If warranted 
158.26 	by such extenuating circumstances, the commissioner may calculate the inspection fee as 
158.27 	if the application for permit had been filed prior to the start of construction or installation.
158.28 	(c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality 
158.29 	~~complying~~ in accordance with an agreement under subdivision 2. 

158.30 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
158.31 	subdivision 6 is effective July 1, 2007.

158.32 	Sec. 7. Minnesota Statutes 2006, section 326.48, is amended to read:
158.33 	326.48 LICENSING AND REGISTRATION.
159.1 		Subdivision 1.License required; rules; time credit. No ~~person~~individual shall 
159.2 	engage in or work at the business of a contracting high pressure pipefitter unless issued 
159.3 	an individual contracting high pressure pipefitter license to do so by the department ~~of~~ 
159.4 	~~Labor and Industry~~. No license shall be required for repairs on existing installations. No 
159.5 	~~person~~ individual shall engage in or work at the business of journeyman pipefitter unless 
159.6 	issued an individual journeyman high pressure pipefitter competency license to do so by 
159.7 	the department ~~of Labor and Industry~~. A person possessing an individual contracting 
159.8 	high pressure pipefitter competency license may also work as a journeyman high pressure 
159.9 	pipefitter.
159.10 	No person~~, partnership, firm, or corporation~~ shall construct or install high pressure 
159.11 	piping, nor install high pressure piping in connection with the dealing in and selling 
159.12 	of high pressure pipe material and supplies, unless, at all times, ~~a person~~ an individual
159.13 	possessing a contracting high pressure pipefitter individual competency license or a 
159.14 	journeyman high pressure pipefitter individual competency license is responsible for
159.15 	ensuring that the high pressure pipefitting work ~~conducted by the person, partnership, firm,~~ 
159.16 	~~or corporation being~~ is in conformity with Minnesota Statutes and Minnesota Rules.
159.17 	The department ~~of Labor and Industry~~ shall prescribe rules, not inconsistent 
159.18 	herewith, for the examination and individual competency licensing of contracting high 
159.19 	pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits 
159.20 	by the department and municipalities for the installation of high pressure piping.
159.21 	An employee performing the duties of inspector for the department ~~of Labor and~~ 
159.22 	~~Industry~~ in regulating pipefitting shall not receive time credit for the inspection duties 
159.23 	when making an application for a license required by this section.
159.24 		Subd. 2.High pressure pipefitting business license. Before obtaining a permit 
159.25 	for high pressure piping work, a person~~, partnership, firm, or corporation~~ must obtain or 
159.26 	utilize a business with a high pressure piping business license.
159.27 	A person~~, partnership, firm, or corporation~~ must have at all times as a full-time 
159.28 	employee at least one individual holding an individual contracting high pressure pipefitter 
159.29 	competency license. Only full-time employees who hold individual contracting high 
159.30 	pressure pipefitter licenses are authorized to obtain high pressure piping permits in the 
159.31 	name of the business. The individual contracting high pressure pipefitter competency 
159.32 	license holder can be the employee of only one high pressure piping business at a time.
159.33 	To retain its business license without reapplication, a person~~, partnership, firm,~~ 
159.34 	~~or corporation~~ holding a high pressure piping business license that ceases to employ ~~a~~ 
159.35 	~~person~~ an individual holding an individual contracting high pressure pipefitter competency 
159.36 	license shall have 60 days from the last day of employment of its previous individual 
160.1 	contracting pipefitter competency license holder to employ another license holder. The 
160.2 	department ~~of Labor and Industry~~ must be notified no later than five days after the last day 
160.3 	of employment of the previous license holder.
160.4 	No high pressure pipefitting work may be performed during any period when the 
160.5 	high pressure pipefitting business does not have an individual contracting high pressure 
160.6 	pipefitter competency license holder on staff. If a license holder is not employed within 
160.7 	60 days after the last day of employment of the previous license holder, the pipefitting 
160.8 	business license shall lapse.
160.9 	The department ~~of Labor and Industry~~ shall prescribe by rule procedures for 
160.10 	application for and issuance of business licenses and fees.
160.11 		Subd. 2a.Registration requirement. All pipefitter trainees must be registered 
160.12 	under subdivision 2b. No individual may be a registered pipefitter trainee for more than 
160.13 	four years unless the individual has a pending application to be licensed as a journeyman 
160.14 	pipefitter. No high pressure piping business shall employ a pipefitter trainee to help and 
160.15 	assist in the construction and installation of high pressure piping unless the pipefitter 
160.16 	trainee is registered.
160.17 	A registered pipefitter trainee is authorized to assist in the practical construction and 
160.18 	installation of high pressure piping and appurtenances only while under direct supervision 
160.19 	of a licensed individual contacting pipefitter. The licensed individual contracting pipefitter 
160.20 	is responsible for ensuring that all high pressure piping work performed by the registered 
160.21 	pipefitter trainee complies with Minnesota Statutes and Minnesota Rules.
160.22 		Subd. 2b.Registration with commissioner. A licensed high pressure piping 
160.23 	business may register a pipefitter trainee by completing and submitting to the 
160.24 	commissioner a registration from provided by the commissioner. The department may 
160.25 	prescribe rules, not inconsistent with this section, for the registration of pipefitter trainees. 
160.26 	A high pressure piping business applying for initial registration of a pipefitter trainee 
160.27 	shall pay the department an application fee of $50. Applications for initial registration 
160.28 	may be submitted at any time. Registration must be renewed annually and shall be for 
160.29 	one calendar year beginning on January 1. Applications for renewal registration must be 
160.30 	submitted to the commissioner before December 31 of each registration period on forms 
160.31 	provided by the commissioner, and must be accompanied by a fee of $50. There shall 
160.32 	be no refund of fees paid.
160.33 		Subd. 3.Bond. ~~The~~ As a condition of licensing, each applicant for a high pressure 
160.34 	piping business license or renewal shall give bond to the state in the total ~~penal~~ sum of 
160.35 	$15,000 conditioned upon the faithful and lawful performance of all work ~~entered upon~~
160.36 	contracted for or performed within the state. The bond shall run to and be for the benefit of 
161.1 	persons injured or suffering financial loss by reason of failure of payment or performance. 
161.2 	Claims and actions on the bond may be brought according to sections  574.26 to  574.38. 
161.3 	The term of the bond must be concurrent with the term of the high pressure 
161.4 	pipefitting business license and run without interruption from the date of the issuance of 
161.5 	the license to the end of the calendar year. All high pressure pipefitting business licenses 
161.6 	must be annually renewed on a calendar year basis.
161.7 	The bond must be filed with the department ~~of Labor and Industry~~ and shall be 
161.8 	in lieu of any other business license bonds required by any political subdivision for 
161.9 	high pressure pipefitting. The bond must be written by a corporate surety licensed to 
161.10 	do business in the state.
161.11 		Subd. 4.Insurance. In addition to the bond described in subdivision 3, each 
161.12 	applicant for a high pressure pipefitting business license or renewal shall have in force 
161.13 	public liability insurance, including products liability insurance, with limits of at least 
161.14 	$100,000 per person and $300,000 per occurrence and property damage insurance with 
161.15 	limits of at least $50,000.
161.16 	The insurance must be kept in force for the entire term of the high pressure 
161.17 	pipefitting business license, and the license shall be suspended by the department if at any 
161.18 	time the insurance is not in force.
161.19 	The insurance must be written by an insurer licensed to do business in the state and 
161.20 	shall be in lieu of any other insurance required by any subdivision of government for 
161.21 	high pressure pipefitting. Each person~~, partnership, firm, or corporation~~ holding a high 
161.22 	pressure pipefitting business license shall maintain on file with the department a certificate 
161.23 	evidencing the insurance. Any purported cancellation of insurance shall not be effective 
161.24 	without the insurer first giving 30 days' written notice to the department.
161.25 		Subd. 5.License fee. The ~~state~~ department ~~of Labor and Industry may~~ shall charge 
161.26 	~~each applicant for a high pressure pipefitting business license or for a renewal of a high~~ 
161.27 	~~pressure pipefitting business license and an additional fee commensurate with the cost of~~ 
161.28 	~~administering the bond and insurance requirements of subdivisions 3 and 4.~~ the following 
161.29 	license fees:
161.30 	(a) application for journeyman high pressure piping pipefitter competency license, 
161.31 	$100;
161.32 	(b) renewal of journeyman high pressure piping pipefitter competency license, $60;
161.33 	(c) application for contracting high pressure piping pipefitter competency license, 
161.34 	$250;
161.35 	(d) renewal of contracting high pressure piping pipefitter competency license, $220;
161.36 	(e) application for high pressure piping business license, $350;
162.1 	(f) application to inactivate a contracting high pressure piping pipefitter competency 
162.2 	license or inactivate a journeyman high pressure piping pipefitter competency license, 
162.3 	$30; and
162.4 	(g) renewal of an inactive contracting high pressure piping pipefitter competency 
162.5 	license or inactive journeyman high pressure piping pipefitter competency license, $30.
162.6 	If an application for renewal of an active or inactive journeyman high pressure 
162.7 	piping pipefitter competency license or active or inactive contracting high pressure piping 
162.8 	competency license is received by the department after the date of expiration of the 
162.9 	license, a $30 late renewal fee shall be added to the license renewal fee.
162.10 	Payment must accompany the application for a license or renewal of a license. There 
162.11 	shall be no refund of fees paid.

162.12 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
162.13 	subdivisions 2a, 2b, and 5 are effective July 1, 2007.

162.14 	Sec. 8. Minnesota Statutes 2006, section 326.50, is amended to read:
162.15 	326.50 LICENSE APPLICATION~~; FEES~~ AND RENEWAL.
162.16 	Application for an individual contracting high pressure pipefitter competency or an 
162.17 	individual journeyman high pressure pipefitter competency license shall be made to the 
162.18 	department ~~of Labor and Industry~~, with fees. The applicant shall be licensed only after 
162.19 	passing an examination developed and administered by the department ~~of Labor and~~ 
162.20 	~~Industry~~. A competency license issued by the department shall expire on December 31 
162.21 	of each year. A renewal application must be received by the department within one year 
162.22 	after expiration of the competency license. A license that has been expired for more 
162.23 	than one year cannot be renewed, and can only be reissued if the applicant submits a 
162.24 	new application for the competency license, pays a new application fee, and retakes and 
162.25 	passes the applicable license examination.

162.26 	Sec. 9. REVISOR'S INSTRUCTION.
 162.27 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
162.28 	column A with the number listed in column B. The revisor shall also make necessary 
162.29 	cross-reference changes consistent with the renumbering.

162.30 | Column A | Column B
162.31 | 326.46 | 326B.90
162.32 | 326.461 | 326B.91
162.33 | 326.47 | 326B.92
163.1 | 326.48 | 326B.93
163.2 | 326.50 | 326B.94

163.3 	ARTICLE 11
163.4 	CONFORMING CHANGES

163.5 	Section 1. Minnesota Statutes 2006, section 31.175, is amended to read:
163.6 	31.175 WATER, PLUMBING, AND SEWAGE.
163.7 	A person who is required by statutes administered by the Department of Agriculture, 
163.8 	or by rules adopted pursuant to those statutes, to provide a suitable water supply, or 
163.9 	plumbing or sewage disposal system, may not engage in the business of manufacturing, 
163.10 	processing, selling, handling, or storing food at wholesale or retail unless the person's 
163.11 	water supply is satisfactory under plumbing codes adopted by the Department of ~~Health~~
163.12 	Labor and Industry and the person's sewage disposal system satisfies the rules of the 
163.13 	Pollution Control Agency.

163.14 	Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:
163.15 		Subd. 3.Construction requirements. (a) Withdrawal and reinjection for the 
163.16 	groundwater thermal exchange device must be accomplished by a closed system in which 
163.17 	the waters drawn for thermal exchange do not have contact or commingle with water 
163.18 	from other sources or with polluting material or substances. The closed system must be 
163.19 	constructed to allow an opening for inspection by the commissioner.
163.20 	(b) Wells that are part of a groundwater thermal exchange system may not serve 
163.21 	another function, except water may be supplied to the domestic water system if:
163.22 	(1) the supply is taken from the thermal exchange system ahead of the heat exchange 
163.23 	unit; and
163.24 	(2) the domestic water system is protected by an airgap or backflow prevention 
163.25 	device as described in rules relating to plumbing enforced by the commissioner of labor 
163.26 	and industry.
163.27 	(c) A groundwater thermal exchange system may be used for domestic water heating 
163.28 	only if the water heating device is an integral part of the heat exchange unit that is used for 
163.29 	space heating and cooling.

163.30 	Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read:
163.31 	144.122 LICENSE, PERMIT, AND SURVEY FEES.
164.1 	(a) The state commissioner of health, by rule, may prescribe procedures and fees 
164.2 	for filing with the commissioner as prescribed by statute and for the issuance of original 
164.3 	and renewal permits, licenses, registrations, and certifications issued under authority of 
164.4 	the commissioner. The expiration dates of the various licenses, permits, registrations, 
164.5 	and certifications as prescribed by the rules shall be plainly marked thereon. Fees may 
164.6 	include application and examination fees and a penalty fee for renewal applications 
164.7 	submitted after the expiration date of the previously issued permit, license, registration, 
164.8 	and certification. The commissioner may also prescribe, by rule, reduced fees for permits, 
164.9 	licenses, registrations, and certifications when the application therefor is submitted 
164.10 	during the last three months of the permit, license, registration, or certification period. 
164.11 	Fees proposed to be prescribed in the rules shall be first approved by the Department of 
164.12 	Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be 
164.13 	in an amount so that the total fees collected by the commissioner will, where practical, 
164.14 	approximate the cost to the commissioner in administering the program. All fees collected 
164.15 	shall be deposited in the state treasury and credited to the state government special revenue 
164.16 	fund unless otherwise specifically appropriated by law for specific purposes.
164.17 	(b) The commissioner may charge a fee for voluntary certification of medical 
164.18 	laboratories and environmental laboratories, and for environmental and medical laboratory 
164.19 	services provided by the department, without complying with paragraph (a) or chapter 14. 
164.20 	Fees charged for environment and medical laboratory services provided by the department 
164.21 	must be approximately equal to the costs of providing the services.
164.22 	(c) The commissioner may develop a schedule of fees for diagnostic evaluations 
164.23 	conducted at clinics held by the services for children with disabilities program. All 
164.24 	receipts generated by the program are annually appropriated to the commissioner for use 
164.25 	in the maternal and child health program.
164.26 	(d) The commissioner shall set license fees for hospitals and nursing homes that are 
164.27 	not boarding care homes at the following levels:

164.28
164.29
164.30

164.31

Joint Commission on Accreditation of 
Healthcare Organizations (JCAHO) and 
American Osteopathic Association (AOA) 
hospitals

$7,555 plus $13 per bed

164.32 | Non-JCAHO and non-AOA hospitals | $5,180 plus $247 per bed
164.33 | Nursing home | $183 plus $91 per bed
164.34 	The commissioner shall set license fees for outpatient surgical centers, boarding care 
164.35 	homes, and supervised living facilities at the following levels:

165.1 | Outpatient surgical centers | $3,349
165.2 | Boarding care homes | $183 plus $91 per bed
165.3 | Supervised living facilities | $183 plus $91 per bed.
165.4 	(e) Unless prohibited by federal law, the commissioner of health shall charge 
165.5 	applicants the following fees to cover the cost of any initial certification surveys required 
165.6 	to determine a provider's eligibility to participate in the Medicare or Medicaid program:

165.7 | Prospective payment surveys for hospitals | $900
165.8 | Swing bed surveys for nursing homes | $1,200
165.9 | Psychiatric hospitals | $1,400
165.10 | Rural health facilities | $1,100
165.11 | Portable x-ray providers | $500
165.12 | Home health agencies | $1,800
165.13 | Outpatient therapy agencies | $800
165.14 | End stage renal dialysis providers | $2,100
165.15 | Independent therapists | $800
165.16

165.17

Comprehensive rehabilitation outpatient 
facilities

$1,200

165.18 | Hospice providers | $1,700
165.19 | Ambulatory surgical providers | $1,800
165.20 | Hospitals | $4,200
165.21
165.22
165.23

165.24

Other provider categories or additional 
resurveys required to complete initial 
certification

Actual surveyor costs: 
average surveyor cost x 
number of hours for the 
survey process.

165.25 	These fees shall be submitted at the time of the application for federal certification 
165.26 	and shall not be refunded. All fees collected after the date that the imposition of fees is not 
165.27 	prohibited by federal law shall be deposited in the state treasury and credited to the state 
165.28 	government special revenue fund.
165.29 	~~(f) The commissioner shall charge the following fees for examinations, registrations,~~ 
165.30 	~~licenses, and inspections:~~

165.31 | ~~Plumbing examination~~ | | ~~$ 50~~
165.32 | ~~Water conditioning examination~~ | | ~~$ 50~~
165.33 | ~~Plumbing bond registration fee~~ | | ~~$ 40~~
165.34 | ~~Water conditioning bond registration fee~~ | | ~~$ 40~~
165.35 | ~~Master plumber's license~~ | | ~~$120~~
165.36 | ~~Journeyman plumber's license~~ | | ~~$ 55~~
165.37 | ~~Apprentice registration~~ | | ~~$ 25~~
165.38 | ~~Water conditioning contractor license~~ | | ~~$ 70~~
165.39 | ~~Water conditioning installer license~~ | | ~~$ 35~~
165.40 | ~~Residential inspection fee (each visit)~~ | | ~~$ 50~~
165.41

165.42

~~Public, commercial, and industrial~~ 
~~inspections~~

~~Inspection fee~~

166.1 | ~~25 or fewer drainage fixture units~~ | | ~~$ 300~~
166.2 | ~~26 to 50 drainage fixture units~~ | | ~~$ 900~~
166.3 | ~~51 to 150 drainage fixture units~~ | | ~~$1,200~~
166.4 | ~~151 to 249 drainage fixture units~~ | | ~~$1,500~~
166.5 | ~~250 or more drainage fixture units~~ | | ~~$1,800~~
166.6 | ~~Callback fee (each visit)~~ | | ~~$100~~

166.7 	EFFECTIVE DATE. This section is effective July 1, 2007.

166.8 	Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:
166.9 		Subdivision 1.Remedies available. The provisions of chapters 103I and 157 and 
166.10 	sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), 
166.11 	(13), (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to 
166.12 	144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992; 
166.13 	~~326.37 to 326.45; 326.57~~ 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and 
166.14 	all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, 
166.15 	registrations, certificates, and permits adopted or issued by the department or under any 
166.16 	other law now in force or later enacted for the preservation of public health may, in 
166.17 	addition to provisions in other statutes, be enforced under this section. 

166.18 	Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:
166.19 		Subdivision 1.Established. The Department of Labor and Industry shall consist 
166.20 	of the following divisions: Division of Workers' Compensation, Division of ~~Boiler~~ 
166.21 	~~Inspection~~ Construction Codes and Licensing, Division of Occupational Safety and 
166.22 	Health, Division of Statistics, ~~Division of Steamfitting Standards,~~ Division of Labor 
166.23 	Standards and Apprenticeship, and such other divisions as the commissioner of the 
166.24 	Department of Labor and Industry may deem necessary and establish. Each division of 
166.25 	the department and persons in charge thereof shall be subject to the supervision of the 
166.26 	commissioner of the Department of Labor and Industry and, in addition to such duties 
166.27 	as are or may be imposed on them by statute, shall perform such other duties as may be 
166.28 	assigned to them by the commissioner. Notwithstanding any other law to the contrary, 
166.29 	the commissioner is the administrator and supervisor of all of the department's dispute 
166.30 	resolution functions and personnel and may delegate authority to compensation judges 
166.31 	and others to make determinations under sections  176.106,  176.238, and  176.239 and to 
166.32 	approve settlement of claims under section  176.521. 

166.33 	Sec. 6. Minnesota Statutes 2006, section 214.01, subdivision 3, is amended to read:
167.1 		Subd. 3.Non-health-related licensing board. "Non-health-related licensing 
167.2 	board" means the Board of Teaching established pursuant to section 122A.07, the Board 
167.3 	of Barber Examiners established pursuant to section 154.001, the Board of Assessors 
167.4 	established pursuant to section 270.41, the Board of Architecture, Engineering, Land 
167.5 	Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant 
167.6 	to section 326.04, ~~the Board of Electricity established pursuant to section 326.241,~~ the 
167.7 	Private Detective and Protective Agent Licensing Board established pursuant to section 
167.8 	326.33, the Board of Accountancy established pursuant to section 326A.02, and the Peace 
167.9 	Officer Standards and Training Board established pursuant to section 626.841. 

167.10 	Sec. 7. Minnesota Statutes 2006, section 214.04, subdivision 1, is amended to read:
167.11 		Subdivision 1.Services provided. (a) The ~~commissioner of administration with~~ 
167.12 	~~respect to the Board of Electricity; the~~ commissioner of education with respect to the 
167.13 	Board of Teaching; the commissioner of public safety with respect to the Board of Private 
167.14 	Detective and Protective Agent Services; the panel established pursuant to section 
167.15 	299A.465, subdivision 7; the Board of Peace Officer Standards and Training; and the 
167.16 	commissioner of revenue with respect to the Board of Assessors, shall provide suitable 
167.17 	offices and other space, joint conference and hearing facilities, examination rooms, and 
167.18 	the following administrative support services: purchasing service, accounting service, 
167.19 	advisory personnel services, consulting services relating to evaluation procedures and 
167.20 	techniques, data processing, duplicating, mailing services, automated printing of license 
167.21 	renewals, and such other similar services of a housekeeping nature as are generally 
167.22 	available to other agencies of state government. Investigative services shall be provided 
167.23 	the boards by employees of the Office of Attorney General. The commissioner of health 
167.24 	with respect to the health-related licensing boards shall provide mailing and office supply 
167.25 	services and may provide other facilities and services listed in this subdivision at a 
167.26 	central location upon request of the health-related licensing boards. The commissioner of 
167.27 	commerce with respect to the remaining non-health-related licensing boards shall provide 
167.28 	the above facilities and services at a central location for the remaining non-health-related 
167.29 	licensing boards. The legal and investigative services for the boards shall be provided 
167.30 	by employees of the attorney general assigned to the departments servicing the boards. 
167.31 	Notwithstanding the foregoing, the attorney general shall not be precluded by this section 
167.32 	from assigning other attorneys to service a board if necessary in order to insure competent 
167.33 	and consistent legal representation. Persons providing legal and investigative services 
167.34 	shall to the extent practicable provide the services on a regular basis to the same board 
167.35 	or boards.
168.1 	(b) The requirements in paragraph (a) with respect to the panel established in section 
168.2 	299A.465, subdivision 7, expire July 1, 2008.

168.3 	Sec. 8. Minnesota Statutes 2006, section 214.04, subdivision 3, is amended to read:
168.4 		Subd. 3.Officers; staff. The executive director of each health-related board and 
168.5 	the executive secretary of each non-health-related board shall be the chief administrative 
168.6 	officer for the board but shall not be a member of the board. The executive director or 
168.7 	executive secretary shall maintain the records of the board, account for all fees received 
168.8 	by it, supervise and direct employees servicing the board, and perform other services as 
168.9 	directed by the board. The executive directors, executive secretaries, and other employees 
168.10 	of the following boards shall be hired by the board, and the executive directors or executive 
168.11 	secretaries shall be in the unclassified civil service, except as provided in this subdivision:
168.12 	(1) Dentistry;
168.13 	(2) Medical Practice;
168.14 	(3) Nursing;
168.15 	(4) Pharmacy;
168.16 	(5) Accountancy;
168.17 	(6) Architecture, Engineering, Land Surveying, Landscape Architecture, 
168.18 	Geoscience, and Interior Design;
168.19 	(7) Barber Examiners;
168.20 	(8) Cosmetology;
168.21 	~~(9) Electricity;~~
168.22 	~~(10)~~(9) Teaching;
168.23 	~~(11)~~(10) Peace Officer Standards and Training;
168.24 	~~(12)~~(11) Social Work;
168.25 	~~(13)~~(12) Marriage and Family Therapy;
168.26 	~~(14)~~(13) Dietetics and Nutrition Practice; and
168.27 	~~(15)~~(14) Licensed Professional Counseling.
168.28 	The executive directors or executive secretaries serving the boards are hired by those 
168.29 	boards and are in the unclassified civil service, except for part-time executive directors 
168.30 	or executive secretaries, who are not required to be in the unclassified service. Boards 
168.31 	not requiring full-time executive directors or executive secretaries may employ them on 
168.32 	a part-time basis. To the extent practicable, the sharing of part-time executive directors 
168.33 	or executive secretaries by boards being serviced by the same department is encouraged. 
168.34 	Persons providing services to those boards not listed in this subdivision, except executive 
168.35 	directors or executive secretaries of the boards and employees of the attorney general, are 
169.1 	classified civil service employees of the department servicing the board. To the extent 
169.2 	practicable, the commissioner shall ensure that staff services are shared by the boards 
169.3 	being serviced by the department. If necessary, a board may hire part-time, temporary 
169.4 	employees to administer and grade examinations.

169.5 	Sec. 9. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
169.6 		Subdivision 1.Generally. (a) In addition to any other fees, each applicant for a 
169.7 	license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. 
169.8 	The contractor's recovery fund is created in the state treasury and must be administered 
169.9 	by the commissioner in the manner and subject to all the requirements and limitations 
169.10 	provided by section 82.43~~with the following exceptions:~~.
169.11 	~~(1) each licensee who renews a license shall pay in addition to the appropriate~~ 
169.12 	~~renewal fee an additional fee which shall be credited to the contractor's recovery fund. The~~ 
169.13 	~~amount of the fee shall be based on the licensee's gross annual receipts for the licensee's~~ 
169.14 	~~most recent fiscal year preceding the renewal, on the following scale:~~

169.15 | | ~~Fee~~ | ~~Gross Receipts~~
169.16 | | ~~$100~~ | ~~under $1,000,000~~
169.17 | | ~~$150~~ | ~~$1,000,000 to $5,000,000~~
169.18 | | ~~$200~~ | ~~over $5,000,000~~
169.19 	~~Any person who receives a new license shall pay a fee based on the same scale;~~
169.20 	~~(2)~~ (1) The purpose of this fund is:
169.21 	(i) to compensate any aggrieved owner or lessee of residential property located 
169.22 	within this state who obtains a final judgment in any court of competent jurisdiction 
169.23 	against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or 
169.24 	dishonest practices, conversion of funds, or failure of performance arising directly out 
169.25 	of any transaction when the judgment debtor was licensed and performed any of the 
169.26 	activities enumerated under section 326.83, subdivision 19, on the owner's residential 
169.27 	property or on residential property rented by the lessee, or on new residential construction 
169.28 	which was never occupied prior to purchase by the owner, or which was occupied by the 
169.29 	licensee for less than one year prior to purchase by the owner, and which cause of action 
169.30 	arose on or after April 1, 1994; and
169.31 	(ii) to reimburse the Department of Commerce for all legal and administrative 
169.32 	expenses, including staffing costs, incurred in administering the fund;
169.33 	~~(3)~~ (2) nothing may obligate the fund for more than $50,000 per claimant, nor more 
169.34 	than $75,000 per licensee; and
170.1 	~~(4)~~ (3) nothing may obligate the fund for claims based on a cause of action that 
170.2 	arose before the licensee paid the recovery fund fee set in clause (1), or as provided in 
170.3 	section 326.945, subdivision 3.
170.4 	(b) Should the commissioner pay from the contractor's recovery fund any amount 
170.5 	in settlement of a claim or toward satisfaction of a judgment against a licensee, the 
170.6 	license shall be automatically suspended upon the effective date of an order by the court 
170.7 	authorizing payment from the fund. No licensee shall be granted reinstatement until the 
170.8 	licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount 
170.9 	paid from the fund on the licensee's account, and has obtained a surety bond issued by an 
170.10 	insurer authorized to transact business in this state in the amount of at least $40,000.

170.11 	EFFECTIVE DATE. This section is effective July 1, 2007.

170.12 	Sec. 10. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:
170.13 		Subdivision 1.Rules. No domestic animals or house pets of occupants of 
170.14 	manufactured home parks or recreational camping areas shall be allowed to run at large, 
170.15 	or commit any nuisances within the limits of a manufactured home park or recreational 
170.16 	camping area. Each manufactured home park or recreational camping area licensed under 
170.17 	the provisions of sections  327.10,  327.11,  327.14 to  327.28 shall, among other things, 
170.18 	provide for the following, in the manner hereinafter specified: 
170.19 	(1) A responsible attendant or caretaker shall be in charge of every manufactured 
170.20 	home park or recreational camping area at all times, who shall maintain the park or 
170.21 	area, and its facilities and equipment in a clean, orderly and sanitary condition. In any 
170.22 	manufactured home park containing more than 50 lots, the attendant, caretaker, or other 
170.23 	responsible park employee, shall be readily available at all times in case of emergency.
170.24 	(2) All manufactured home parks shall be well drained and be located so that the 
170.25 	drainage of the park area will not endanger any water supply. No wastewater from 
170.26 	manufactured homes or recreational camping vehicles shall be deposited on the surface of 
170.27 	the ground. All sewage and other water carried wastes shall be discharged into a municipal 
170.28 	sewage system whenever available. When a municipal sewage system is not available, a 
170.29 	sewage disposal system acceptable to the state commissioner of health shall be provided.
170.30 	(3) No manufactured home shall be located closer than three feet to the side lot lines 
170.31 	of a manufactured home park, if the abutting property is improved property, or closer than 
170.32 	ten feet to a public street or alley. Each individual site shall abut or face on a driveway 
170.33 	or clear unoccupied space of not less than 16 feet in width, which space shall have 
170.34 	unobstructed access to a public highway or alley. There shall be an open space of at least 
170.35 	ten feet between the sides of adjacent manufactured homes including their attachments 
171.1 	and at least three feet between manufactured homes when parked end to end. The space 
171.2 	between manufactured homes may be used for the parking of motor vehicles and other 
171.3 	property, if the vehicle or other property is parked at least ten feet from the nearest 
171.4 	adjacent manufactured home position. The requirements of this paragraph shall not apply 
171.5 	to recreational camping areas and variances may be granted by the state commissioner 
171.6 	of health in manufactured home parks when the variance is applied for in writing and in 
171.7 	the opinion of the commissioner the variance will not endanger the health, safety, and 
171.8 	welfare of manufactured home park occupants.
171.9 	(4) An adequate supply of water of safe, sanitary quality shall be furnished at each 
171.10 	manufactured home park or recreational camping area. The source of the water supply 
171.11 	shall first be approved by the state Department of Health.
171.12 	(5) All plumbing shall be installed in accordance with the rules of the state 
171.13 	commissioner of ~~health~~labor and industry and the provisions of the Minnesota Plumbing 
171.14 	Code.
171.15 	(6) In the case of a manufactured home park with less than ten manufactured homes, 
171.16 	a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of 
171.17 	the park in times of severe weather conditions, such as tornadoes, high winds, and floods. 
171.18 	The shelter or evacuation plan shall be developed with the assistance and approval of 
171.19 	the municipality where the park is located and shall be posted at conspicuous locations 
171.20 	throughout the park. The park owner shall provide each resident with a copy of the 
171.21 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
171.22 	Nothing in this paragraph requires the Department of Health to review or approve any 
171.23 	shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan 
171.24 	submitted by a park shall not be grounds for action against the park by the Department of 
171.25 	Health if the park has made a good faith effort to develop the plan and obtain municipal 
171.26 	approval. 
171.27 	(7) A manufactured home park with ten or more manufactured homes, licensed prior 
171.28 	to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the 
171.29 	evacuation of park residents to a safe place of shelter within a reasonable distance of the 
171.30 	park for use by park residents in times of severe weather, including tornadoes and high 
171.31 	winds. The shelter or evacuation plan must be approved by the municipality by March 1, 
171.32 	1989. The municipality may require the park owner to construct a shelter if it determines 
171.33 	that a safe place of shelter is not available within a reasonable distance from the park. A 
171.34 	copy of the municipal approval and the plan shall be submitted by the park owner to the 
171.35 	Department of Health. The park owner shall provide each resident with a copy of the 
171.36 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
172.1 	(8) A manufactured home park with ten or more manufactured homes, receiving 
172.2 	a primary license after March 1, 1988, must provide the type of shelter required by 
172.3 	section  327.205, except that for manufactured home parks established as temporary, 
172.4 	emergency housing in a disaster area declared by the President of the United States or 
172.5 	the governor, an approved evacuation plan may be provided in lieu of a shelter for a 
172.6 	period not exceeding 18 months. 
172.7 	(9) For the purposes of this subdivision, "park owner" and "resident" have the 
172.8 	meaning given them in section  327C.01. 

172.9 	Sec. 11. Minnesota Statutes 2006, section 327.205, is amended to read:
172.10 	327.205 SHELTER CONSTRUCTION STANDARDS.
172.11 	The commissioner of ~~administration~~ labor and industry shall adopt, by rule, 
172.12 	minimum standards for the construction of low cost manufactured home park storm 
172.13 	shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be 
172.14 	constructed in accordance with these standards.

172.15 	Sec. 12. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:
172.16 		Subd. 2.Building standards. "Building standards" means the materials and 
172.17 	installation standards of the State Building Code, adopted by the commissioner of 
172.18 	~~administration~~labor and industry pursuant to sections  16B.59 to  16B.75, in effect at 
172.19 	the time of the construction or remodeling. 

172.20 	Sec. 13. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:
172.21 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
172.22 	(a) "Accessible unit" means an accessible rental housing unit that meets the 
172.23 	~~disability facility~~  persons with disabilities requirements of the State Building Code~~,~~ 
172.24 	~~Minnesota Rules, chapter 1340~~.
172.25 	(b) "Landlord" has the meaning given it in section 504B.001, subdivision 7. 

172.26 	Sec. 14. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:
172.27 		Subd. 6a.Normal residential surroundings for ~~disabled~~ persons with 
172.28 	disabilities. It is the policy of this state that ~~disabled~~ persons ~~and children~~  with disabilities 
172.29 	should not be excluded by municipal zoning ordinances or other land use regulations from 
172.30 	the benefits of normal residential surroundings. For purposes of subdivisions 6a through 
172.31 	9, "person" has the meaning given in section 245A.02, subdivision 11. 

173.1 	Sec. 15. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:
173.2 		Subd. 8.State Building Code. It may assist the commissioner of ~~administration~~
173.3 	labor and industry in the development, implementation and revision of ~~a uniform~~ the
173.4 	State Building Code.

173.5 	Sec. 16. Minnesota Statutes 2006, section 471.465, is amended to read:
173.6 	471.465 PERSONS WITH DISABILITIES; BUILDING REGULATIONS; 
173.7 	DEFINITIONS.
173.8 		Subdivision 1.Scope. For the purposes of sections 471.465 to 471.469, the terms 
173.9 	defined in this section have the meanings given them. 
173.10 		Subd. 2.Buildings and facilities. "Buildings and facilities" means any and all 
173.11 	buildings and facilities and the grounds appurtenant thereto within any city, township or 
173.12 	other governmental subdivision of the state other than all farm dwellings and buildings 
173.13 	and single and two family dwellings. However, on the date on which rules promulgated by 
173.14 	the commissioner of ~~administration~~labor and industry regarding building requirements for 
173.15 	~~disabled~~ persons with disabilities shall become effective, "buildings and facilities" shall 
173.16 	mean only those structures which must provide facilities for ~~the disabled~~  persons with 
173.17 	disabilities pursuant to said rules.
173.18 		Subd. 3.~~Physically disabled~~ Persons with disabilities. "~~Physically disabled~~
173.19 	Persons with disabilities" means and includes people having sight disabilities, hearing 
173.20 	disabilities, disabilities of incoordination, disabilities of aging, and any other disability 
173.21 	that significantly reduces mobility, flexibility, coordination, or perceptiveness.
173.22 		Subd. 4.Remodeling. "Remodeling" means deliberate reconstruction of an existing 
173.23 	building or facility in whole or in part in order to bring it up to date to conform with 
173.24 	present uses of the structure and to conform with rules and regulations on the upgrading 
173.25 	of health and safety aspects of structures.
173.26 		Subd. 5.Local authority. "Local authority" means the local authority having 
173.27 	jurisdiction over local building construction.

173.28 	Sec. 17. Minnesota Statutes 2006, section 471.466, is amended to read:
173.29 	471.466 ADMINISTRATION AND ENFORCEMENT.
173.30 	The duty and power to administer and enforce sections  471.465 to  471.469 is 
173.31 	conferred upon and vested in the commissioner of ~~administration~~ labor and industry and 
173.32 	the local authority. 

174.1 	Sec. 18. Minnesota Statutes 2006, section 471.467, is amended to read:
174.2 	471.467 BUILDING REQUIREMENTS; CONFORMITY.
174.3 		Subdivision 1.Date applicable. On the date on which rules promulgated by the 
174.4 	commissioner of ~~administration~~ labor and industry  regarding building requirements for 
174.5 	~~disabled~~ persons with disabilities shall become effective, said rules shall exclusively 
174.6 	govern the provision of facilities.
174.7 		Subd. 2.No remodeling if solely for ~~disabled~~ persons with disabilities. Nothing 
174.8 	in sections 471.465 to 471.469 shall be construed to require the remodeling of buildings 
174.9 	solely to provide accessibility and usability to ~~the physically disabled~~  persons with 
174.10 	disabilities when remodeling would not otherwise be undertaken. 
174.11 		Subd. 3.Applies to remodeled part. When any building or facility covered 
174.12 	by sections 471.465 to 471.469 undergoes remodeling either in whole or in part, that 
174.13 	portion of the building or facility remodeled shall conform to the requirements of sections 
174.14 	471.465 to 471.469. 

174.15 	Sec. 19. Minnesota Statutes 2006, section 471.471, is amended to read:
174.16 	471.471 ACCESS REVIEW BOARD.
174.17 		Subdivision 1.Membership. The Access Review Board consists of:
174.18 	(1) a representative of the ~~Building Code and Standards Division of the~~ Department 
174.19 	of ~~Administration~~ Labor and Industry, appointed by the commissioner of ~~administration~~
174.20 	labor and industry;
174.21 	(2) a representative of the state fire marshal's office, appointed by the commissioner 
174.22 	of public safety;
174.23 	(3) the commissioner of human rights or the commissioner's designee;
174.24 	(4) a representative of the elevator safety section, designated by the commissioner 
174.25 	of labor and industry ~~or the commissioner's designee~~; and
174.26 	(5) the chair of the Council on Disability or the chair's designee.
174.27 	The board shall elect a chair from among its members. Terms of members coincide with 
174.28 	the terms of their appointing authorities or, in the case of ex officio members or their 
174.29 	designees, with the terms of the offices by virtue of which they are members of the board. 
174.30 	Compensation of members is governed by section  15.0575, subdivision 3. 
174.31 		Subd. 2.Staff; administrative support. The commissioner of ~~administration~~ labor 
174.32 	and industry shall furnish staff, office space, and administrative support to the board. Staff 
174.33 	assigned to the board must be knowledgeable with respect to access codes, site surveys, 
174.34 	plan design, and product use and eligibility.
175.1 		Subd. 3.Duties. The board shall consider applications for waivers from the 
175.2 	State Building Code to permit the installation of stairway chair lifts to provide limited 
175.3 	accessibility for ~~the physically disabled~~ persons with disabilities to buildings in which 
175.4 	the provision of access by means permitted under the State Building Code is not 
175.5 	architecturally or financially possible. In considering applications, the board shall review 
175.6 	other possible access options. The board may approve an application for installation of a 
175.7 	stairway chair when the board determines that the installation would be appropriate and 
175.8 	no other means of access is possible. In determining whether to approve an application, 
175.9 	the board shall consider:
175.10 	(1) the need for limited accessibility when a higher degree of accessibility is not 
175.11 	required by state or federal law or rule;
175.12 	(2) the architectural feasibility of providing a greater degree of accessibility than 
175.13 	would be provided by the proposed device or equipment;
175.14 	(3) the total cost of the proposed device or equipment over its projected usable life, 
175.15 	including installation, maintenance, and replacement costs;
175.16 	(4) the reliability of the proposed device or equipment;
175.17 	(5) the applicant's ability to comply with all recognized access and safety standards 
175.18 	for installation and maintenance; and
175.19 	(6) whether the proposed device or equipment can be operated and used without 
175.20 	reducing or compromising minimum safety standards.
175.21 	The board shall consider the applicant's demonstrated inability to afford a greater degree 
175.22 	of accessibility, but may not give greater weight to this factor than to the factors listed 
175.23 	in clauses (1) to (6). The board may not approve an application unless the applicant 
175.24 	guarantees that the device or equipment will be installed and operated in accordance with 
175.25 	nationally recognized standards for such devices or equipment and agrees to obtain any 
175.26 	permits needed from the agency responsible for enforcing those standards.
175.27 		Subd. 4.Application process. A person seeking a waiver shall apply to the 
175.28 	~~Building Code and Standards Division of the~~ Department of ~~Administration~~ Labor and 
175.29 	Industry on a form prescribed by the board and pay a $70 fee to the construction code 
175.30 	fund. The division shall review the application to determine whether it appears to be 
175.31 	meritorious, using the standards set out in subdivision 3. The division shall forward 
175.32 	applications it considers meritorious to the board, along with a list and summary of 
175.33 	applications considered not to be meritorious. The board may require the division to 
175.34 	forward to it an application the division has considered not to be meritorious. The board 
175.35 	shall issue a decision on an application within 90 days of its receipt. A board decision 
176.1 	to approve an application must be unanimous. An application that contains false or 
176.2 	misleading information must be rejected.
176.3 		Subd. 5.Liability. Board members are immune from liability for personal injury or 
176.4 	death resulting from the use or misuse of a device or equipment installed and operated 
176.5 	under a waiver granted by the board.

176.6 	EFFECTIVE DATE. This section is effective July 1, 2007.

176.7 	ARTICLE 12
176.8 	REPEALER; EFFECTIVE DATE

176.9 	Section 1.  REPEALER.
 176.10 	(a) Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 
176.11 	183.02; 183.375, subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44, 
176.12 	subdivisions 1, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and 
176.13 	6; 326.01, subdivisions 6h, 10, 11, and 12; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 
176.14 	9g, 9h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 
176.15 	4; 326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12, 
176.16 	and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and 
176.17 	327B.05, subdivisions 2, 3, 4, 5, and 6, are repealed.
176.18 	(b) Minnesota Statutes 2006, sections 183.375, subdivision 5; 183.545, subdivision 
176.19 	9; 326.01, subdivision 13; 326.44; 326.52; and 326.64, are repealed.
176.20 	(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 
176.21 	3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 
176.22 	4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and 
176.23 	9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts 
176.24 	1, 3, and 4, are repealed.

176.25 	EFFECTIVE DATE. Paragraphs (a) and (c) are effective December 1, 2007. 
176.26 	Paragraph (b) is effective July 1, 2007.

176.27 	Sec. 2. EFFECTIVE DATE.
 176.28 	This act is effective December 1, 2007, except when another date is specified. The 
176.29 	revisor's instructions contained in this act shall be implemented for the 2008 edition of 
176.30 	Minnesota Statutes.