1.1                          A bill for an act 
  1.2             relating to the State Building Code; directing the 
  1.3             departments of administration and health to adopt the 
  1.4             newest editions of certain standards; clarifying the 
  1.5             licensing requirements for pipe layers; amending 
  1.6             Minnesota Statutes 2000, sections 326.243; 326.37, 
  1.7             subdivisions 1, 3; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 16B. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [16B.645] [ADOPT CURRENT EDITION OF CODES.] 
  1.11     Within one year of the effective date of this section, the 
  1.12  department of administration shall adopt the most current 
  1.13  edition of a national mechanical code that is published by an 
  1.14  American National Standards Institute (ANSI) qualified 
  1.15  organization.  The qualified organization must use the ANSI 
  1.16  process when adopting the mechanical code.  The qualified 
  1.17  organization, when adopting the mechanical code, shall: 
  1.18     (1) use an open process in which any materially affected 
  1.19  and interested party has the ability to participate; 
  1.20     (2) use a consensus process; 
  1.21     (3) ensure that the deciding body is balanced and is not 
  1.22  dominated by any single interest category or organization; and 
  1.23     (4) use due process so that all participating parties have 
  1.24  the opportunity to attempt to resolve all objections they may 
  1.25  have, including the right to appeal. 
  1.26     The department may adopt the necessary amendments to the 
  1.27  code for Minnesota's conditions.  The department shall establish 
  2.1   a permanent process to allow adoption of the newest edition of 
  2.2   the national consensus mechanical code with appropriate 
  2.3   Minnesota amendments within one year of its national publication 
  2.4   by the ANSI qualified organization. 
  2.5      Sec. 2.  Minnesota Statutes 2000, section 326.243, is 
  2.6   amended to read: 
  2.7      326.243 [SAFETY STANDARDS.] 
  2.8      All electrical wiring, apparatus and equipment for electric 
  2.9   light, heat and power, alarm and communication systems shall 
  2.10  comply with the rules of the department of public service, the 
  2.11  commissioner of commerce, or the department of labor and 
  2.12  industry, as applicable, and be installed in conformity with 
  2.13  accepted standards of construction for safety to life and 
  2.14  property.  For the purposes of this chapter, the rules and 
  2.15  safety standards stated at the time the work is done in the then 
  2.16  most recently published edition of the National Electrical Code 
  2.17  as adopted by the National Fire Protection Association, Inc. and 
  2.18  approved by the American National Standards Institute, and the 
  2.19  National Electrical Safety Code as published by the Institute of 
  2.20  Electrical and Electronics Engineers, Inc. and approved by the 
  2.21  American National Standards Institute, shall be prima facie 
  2.22  evidence of accepted standards of construction for safety to 
  2.23  life and property; provided further, that in the event a 
  2.24  Minnesota Building Code is formulated pursuant to section 
  2.25  16B.61, containing approved methods of electrical construction 
  2.26  for safety to life and property, compliance with said methods of 
  2.27  electrical construction of said Minnesota Building Code shall 
  2.28  also constitute compliance with this section, and provided 
  2.29  further, that nothing herein contained shall prohibit any 
  2.30  political subdivision from making and enforcing more stringent 
  2.31  requirements than set forth herein and such requirements shall 
  2.32  be complied with by all licensed electricians working within the 
  2.33  jurisdiction of such political subdivisions.  
  2.34     If the board of electricity determines that a national 
  2.35  electrical code should be adopted in Minnesota, the board must 
  2.36  use the most current edition of a national electrical code that 
  3.1   is published by an American National Standards Institute (ANSI) 
  3.2   qualified organization.  The qualified organization must use the 
  3.3   ANSI process when adopting the electrical code.  The qualified 
  3.4   organization, when adopting the electrical code, shall: 
  3.5      (1) use an open process in which any materially affected 
  3.6   and interested party has the ability to participate; 
  3.7      (2) use a consensus process; 
  3.8      (3) the body shall be balanced and shall not be dominated 
  3.9   by any single interest category or organization; and 
  3.10     (4) use due process so that all participating parties have 
  3.11  the opportunity to attempt to resolve all objections they may 
  3.12  have, including the right to appeal. 
  3.13     The board may make the necessary amendments to the code for 
  3.14  Minnesota's conditions.  Upon adoption of the national consensus 
  3.15  electrical code as the state electrical code, the board of 
  3.16  electricity and the commissioner of administration shall 
  3.17  establish a permanent process to allow adoption of the newest 
  3.18  edition of the national consensus electrical code with 
  3.19  appropriate Minnesota amendments within one year of its national 
  3.20  publication by the ANSI qualified organization. 
  3.21     Sec. 3.  Minnesota Statutes 2000, section 326.37, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [RULES.] The state commissioner of health 
  3.24  may, by rule, prescribe minimum standards which shall be 
  3.25  uniform, and which standards shall thereafter be effective for 
  3.26  all new plumbing installations, including additions, extensions, 
  3.27  alterations, and replacements connected with any water or sewage 
  3.28  disposal system owned or operated by or for any municipality, 
  3.29  institution, factory, office building, hotel, apartment 
  3.30  building, or any other place of business regardless of location 
  3.31  or the population of the city or town in which located.  If the 
  3.32  commissioner of health determines that a national plumbing code 
  3.33  should be adopted in Minnesota, the commissioner must use the 
  3.34  most current edition of a national plumbing code that is 
  3.35  published by an American National Standards Institute (ANSI) 
  3.36  qualified organization.  The qualified organization must use the 
  4.1   ANSI process when adopting the plumbing code.  The qualified 
  4.2   organization, when adopting the plumbing code, shall: 
  4.3      (1) use an open process in which any materially affected 
  4.4   and interested party has the ability to participate; 
  4.5      (2) use a consensus process; 
  4.6      (3) ensure that the deciding body is balanced and is not 
  4.7   dominated by any single interest category or organization; and 
  4.8      (4) use due process so that all participating parties have 
  4.9   the opportunity to attempt to resolve all objectives they may 
  4.10  have, including the right to appeal. 
  4.11     The department may make the necessary amendments to the 
  4.12  code for Minnesota's conditions.  Upon adoption of the national 
  4.13  consensus plumbing code as the state plumbing code, the 
  4.14  commissioners of administration and health shall establish a 
  4.15  permanent process to allow adoption of the newest edition of the 
  4.16  national consensus plumbing code with appropriate Minnesota 
  4.17  amendments within one year of its national publication by the 
  4.18  ANSI qualified organization.  Notwithstanding the provisions of 
  4.19  Minnesota Rules, part 4715.3130, as they apply to review of 
  4.20  plans and specifications, the commissioner may allow plumbing 
  4.21  construction, alteration, or extension to proceed without 
  4.22  approval of the plans or specifications by the commissioner. 
  4.23     The commissioner shall administer the provisions of 
  4.24  sections 326.37 to 326.45 and for such purposes may employ 
  4.25  plumbing inspectors and other assistants. 
  4.26     Sec. 4.  Minnesota Statutes 2000, section 326.37, 
  4.27  subdivision 3, is amended to read: 
  4.28     Subd. 3.  [EXEMPTION.] No license authorized by this 
  4.29  section shall be required of any contractor or employee engaged 
  4.30  in the work or business of pipe laying outside of buildings if 
  4.31  such person is engaged in a business or trade which has 
  4.32  traditionally performed such work within the state prior to 
  4.33  January 1, 1994.  This section may not be construed to excuse a 
  4.34  failure to comply with the pipe layer card requirement 
  4.35  established by the consent decree in the matter of Arens v. 
  4.36  Barry, Hennepin County District Court File No. 97-1379.  Nothing 
  5.1   in the codes or standards authorized by this section obliges 
  5.2   laborers or general contractors to associate with or to 
  5.3   otherwise engage the services of a plumber or other licensed 
  5.4   person as a condition of performing pipe laying work outside of 
  5.5   buildings.