1.1                          A bill for an act 
  1.2             relating to occupations and professions; regulating 
  1.3             the installation and repair of fuel burner, heating, 
  1.4             air conditioning, ventilation, refrigeration, steam 
  1.5             and hot water heating equipment and systems in certain 
  1.6             cities; proposing coding for new law as Minnesota 
  1.7             Statutes, chapter 325J. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [325J.01] [DEFINITIONS.] 
  1.10     Subdivision 1.  [SCOPE.] As used in this chapter, the terms 
  1.11  defined in this section have the meanings given them. 
  1.12     Subd. 2.  [AIR CONDITIONING SYSTEM.] "Air conditioning 
  1.13  system" means the winter or summer treating of air and 
  1.14  simultaneously controlling its temperature, cleanliness, 
  1.15  humidity, and distribution to meet the comfort requirements of 
  1.16  the conditioned space.  
  1.17     Subd. 3.  [APPRENTICE.] "Apprentice" means a person 
  1.18  undergoing training and instruction through a program recognized 
  1.19  by the department of labor and industry, division of 
  1.20  apprenticeship, consisting of at least four years of classroom 
  1.21  training at not less than 160 hours per year, and who is 
  1.22  concurrently working under the direction and supervision of a 
  1.23  master or journeyman. 
  1.24     Subd. 4.  [BOILER, LOW-PRESSURE HOT WATER, LOW-PRESSURE 
  1.25  STEAM.] "Boiler, low-pressure hot water, and low-pressure steam" 
  1.26  means a boiler furnishing hot water at pressures not exceeding 
  2.1   30 pounds per square inch and at temperatures not more than 250 
  2.2   degrees Fahrenheit, or steam at pressures not more than 15 
  2.3   pounds per square inch.  
  2.4      Subd. 5.  [BREECHING.] "Breeching" means a metal connector 
  2.5   for medium and high temperature appliances.  
  2.6      Subd. 6.  [CERTIFICATE OF COMPETENCY.] "Certificate of 
  2.7   competency" means a certificate issued by the city of 
  2.8   Minneapolis or Saint Paul for designated equipment and systems 
  2.9   installation. 
  2.10     Subd. 7.  [CHIMNEY LINER.] "Chimney liner" means an 
  2.11  approved metal liner installed within a masonry chimney used for 
  2.12  conveying flue gases to the outside atmosphere. 
  2.13     Subd. 8.  [COMBUSTION AIR DUCT.] "Combustion air duct" 
  2.14  means an approved or listed air duct used to convey air for fuel 
  2.15  combustion, draft hood dilution and ventilation of fuel burning 
  2.16  equipment enclosure. 
  2.17     Subd. 9.  [DUCT] "Duct" means any tube or conduit for 
  2.18  transmission of air.  "Duct" does not include: 
  2.19     (1) a vent, a vent connector, or a chimney connector; 
  2.20     (2) any tube or conduit in which the pressure of the air 
  2.21  exceeds one pound per square inch; 
  2.22     (3) the air passages of listed self-contained systems. 
  2.23     Subd. 10.  [DUCT SYSTEMS.] "Duct systems" means all ducts, 
  2.24  duct fittings, air cleaning and air terminal devices, plenums 
  2.25  and fans assembled to form a continuous passageway for the 
  2.26  distribution of air. 
  2.27     Subd. 11.  [FUEL.] "Fuel" means fuel gas; all grades of 
  2.28  fuel oil, coal, wood, or any other combustible or flammable 
  2.29  material; or a mixture of combustible or flammable materials. 
  2.30     Subd. 12.  [FUEL BURNER.] "Fuel burner" means a device used 
  2.31  to convey the appropriate fuel into the combustion chamber zone 
  2.32  in close proximity to its combustion air supply to permit a 
  2.33  stable, controlled heat release compatible with the burner 
  2.34  design, listing, and applicable approvals in a boiler, furnace, 
  2.35  device, or appliance.  It includes fuel burner in appliances 
  2.36  designed to burn gas fuel, dual fuel appliances, conversion 
  3.1   burners, direct gas-fired makeup air heaters, or any other 
  3.2   fuel-burning appliance. 
  3.3      Subd. 13.  [FUEL-BURNING EQUIPMENT.] "Fuel-burning 
  3.4   equipment" includes fuel burners, vent connectors, fuel-burning 
  3.5   systems, vent flues, chimney liners, valves, control devices, 
  3.6   combustion air, and all accessories for proper and safe 
  3.7   operation of the appliance including forced draft or induced 
  3.8   draft for supplying atomizing, primary, secondary, or tertiary 
  3.9   air. 
  3.10     Subd. 14.  [FUEL-BURNING SYSTEM.] "Fuel-burning system" 
  3.11  means the fuel burner and a conveyance system for the purpose of 
  3.12  introducing the appropriate fuel into the combustion chamber 
  3.13  zone. 
  3.14     Subd. 15.  [FUEL GAS.] "Fuel gas" means natural, 
  3.15  manufactured, or liquefied petroleum gas or a mixture of these 
  3.16  gases. 
  3.17     Subd. 16.  [FUEL-GAS BURNER.] "Fuel-gas burner" means a 
  3.18  device to convey fuel gas into the combustion chamber or zone of 
  3.19  a furnace, boiler, device, or appliance in close proximity to 
  3.20  its combustion air supply to permit a stable, controlled heat 
  3.21  release compatible with the burner and systems design. 
  3.22     Subd. 17.  [FUEL-GAS BURNING SYSTEM.] "Fuel-gas burning 
  3.23  system" means the systems for conveying fuel-gas to burners for 
  3.24  any purpose. 
  3.25     Subd. 18.  [GAS-DESIGNED APPLIANCE.] "Gas-designed 
  3.26  appliance" means a space-heating device, domestic, commercial, 
  3.27  or industrial water-heating device, fluid heating device, stove, 
  3.28  range, dryer, heat-producing device used in food preparation, 
  3.29  miscellaneous heating-producing device and/or apparatus, or any 
  3.30  appliance which is designed and approved for the exclusive use 
  3.31  of fuel-gas or gaseous fuel. 
  3.32     Subd. 19.  [GRAVITY-TYPE VENTING SYSTEM.] "Gravity-type 
  3.33  venting system" means a system which depends entirely on the 
  3.34  heat from the fuel being used to provide the energy required to 
  3.35  vent an appliance. 
  3.36     Subd. 20.  [JOURNEYMAN.] "Journeyman" means a person 
  4.1   holding a journeyman certificate of competency for equipment and 
  4.2   systems installation and repair, who is working under the 
  4.3   direction and supervision of a master. 
  4.4      Subd. 21.  [MASTER.] "Master" means a person holding a 
  4.5   masters certificate of competency for equipment and systems 
  4.6   installation and repair.  A person may hold a master 
  4.7   certification of competency for only one company.  A master must 
  4.8   be a full-time managing owner or employee actively engaged in 
  4.9   the business of designated equipment and systems installation 
  4.10  and repair. 
  4.11     Subd. 22.  [PIPING SYSTEM.] "Piping system" means the 
  4.12  method of conveying liquid, vapor, steam, gases, slurry, solids 
  4.13  or product from one point to another, including accessories, 
  4.14  appurtenances, and equipment necessary for proper operation. 
  4.15     Subd. 23.  [POWER-TYPE VENTING SYSTEM.] "Power-type venting 
  4.16  system" means a system which depends on a mechanical device to 
  4.17  provide a positive draft within the venting system. 
  4.18     Subd. 24.  [REFRIGERANT.] "Refrigerant" means any substance 
  4.19  used to produce cooling or to extract heat in a refrigeration 
  4.20  system used for any purpose. 
  4.21     Subd. 25.  [REFRIGERATION.] "Refrigeration" includes 
  4.22  installation, alteration, service, or repair, including all 
  4.23  activities involving the transfer of refrigerants into, the 
  4.24  replenishment of refrigerants, or the extraction of 
  4.25  refrigeration.  Refrigeration does not apply to automotive air 
  4.26  conditioning or refrigeration systems, or to domestic, 
  4.27  household, self-contained refrigeration equipment of one-ton 
  4.28  cooling capacity or less used for refrigerators, freezers, or 
  4.29  coolers. 
  4.30     Subd. 26.  [REFRIGERATION EQUIPMENT.] "Refrigeration 
  4.31  equipment" means a combination of parts in which a refrigerant 
  4.32  is circulated for extracting heat or cooling for any purpose. 
  4.33     Subd. 27.  [REFRIGERANT SYSTEM.] "Refrigerant system" means 
  4.34  a method for conveying refrigerant and all attached equipment, 
  4.35  parts, appurtenances, or controls used for extracting heat or 
  4.36  cooling for any purpose, including compressors, condensers, 
  5.1   evaporators, and receivers for primary and secondary systems. 
  5.2      Subd. 28.  [STEAM AND HOT WATER SYSTEM.] "Steam and hot 
  5.3   water system" means construction, installation, operation, 
  5.4   repair, and alteration of all boilers, pressure vessels, piping 
  5.5   systems, and their equipment and appurtenances. 
  5.6      Subd. 29.  [TYPE B GAS VENT.] "Type B gas vent" means a 
  5.7   factory-made gas vent listed by a nationally recognized testing 
  5.8   agency for venting listed or approved appliances equipped to 
  5.9   burn only gas. 
  5.10     Subd. 30.  [TYPE BW GAS VENT.] "Type BW gas vent" means a 
  5.11  factory-made gas vent listed by a nationally recognized testing 
  5.12  agency for venting listed or approved gas-fired vented wall 
  5.13  furnaces. 
  5.14     Subd. 31.  [TYPE L] "Type L" means a venting system 
  5.15  consisting of listed vent piping and fittings for use with 
  5.16  oil-burning appliances listed for use with type L or with listed 
  5.17  gas appliances. 
  5.18     Subd. 32.  [VENT.] "Vent" means a listed factory-made vent 
  5.19  pipe and vent fittings for conveying flue gases to the outside 
  5.20  atmosphere. 
  5.21     Subd. 33.  [VENT CONNECTOR.] "Vent connector" means that 
  5.22  portion of a venting system which connects an appliance to a 
  5.23  vent or chimney. 
  5.24     Subd. 34.  [VENTILATION SYSTEM.] "Ventilation system" means 
  5.25  all of that equipment intended or installed for the purpose of 
  5.26  supplying air to, or removing air from, any room or space. 
  5.27     Subd. 35.  [WARM-AIR FURNACE] "Warm-air furnace" means an 
  5.28  environmental heating appliance designed or arranged to 
  5.29  discharge heated air through any duct or ducts. 
  5.30     Sec. 2.  [325J.02] [CERTIFICATE OF COMPETENCY CONTENT.] 
  5.31     The certificates of competency issued by the cities of 
  5.32  Minneapolis and Saint Paul shall include the following types of 
  5.33  equipment and systems: 
  5.34     (1) fuel burner equipment and systems installation and 
  5.35  repair, including fuel, fuel burners, fuel-burner equipment, 
  5.36  fuel-burning systems, fuel gas, fuel-gas burner, fuel-gas 
  6.1   burning systems, and gas-designed appliances; 
  6.2      (2) heating, air conditioning, and ventilation systems 
  6.3   installation and repair, including ducts, duct systems, air 
  6.4   conditioning systems, warm-air furnaces, vents, type B gas 
  6.5   vents, type BW gas vents, type L vent connectors, ventilation 
  6.6   systems, breeching, chimney liners, combustion air ducts, 
  6.7   venting systems, gravity-type venting systems, and power-type 
  6.8   venting systems; 
  6.9      (3) refrigeration equipment and systems installation and 
  6.10  repair, including refrigerants, refrigeration equipment, 
  6.11  refrigerant systems, and refrigeration; and 
  6.12     (4) steam and hot water systems installation and repair, 
  6.13  including steam and hot water systems, low-pressure hot water 
  6.14  boilers, low-pressure steam boilers, and piping systems. 
  6.15     Sec. 3.  [325J.03] [REGULATION OF INSTALLER AND REPAIRERS; 
  6.16  CERTAIN CITIES.] 
  6.17     Subdivision 1.  [CERTIFICATE OF COMPETENCY; 
  6.18  REQUIREMENT.] (a) A home rule charter or statutory city located 
  6.19  in a metropolitan county as defined in section 473.121, 
  6.20  subdivision 4, shall by August 1, 1995, require a person to be a 
  6.21  master, journeyman, or apprentice as a condition for the person 
  6.22  to install, alter, service, or repair equipment and systems in 
  6.23  buildings and dwellings in the city. 
  6.24     (b) Notwithstanding paragraph (a): 
  6.25     (1) installation and repair of fuel-gas burners, equipment, 
  6.26  and/or fuel-gas burning systems shall be performed by a holder 
  6.27  of either: 
  6.28     (i) a fuel burner equipment and system installation and 
  6.29  repair certificate of competency; or 
  6.30     (ii) a plumber/gasfitter certificate of competency; and 
  6.31     (2) installation and repair of gas-designed appliances 
  6.32  and/or fuel-gas burning systems shall be performed by a holder 
  6.33  of either: 
  6.34     (i) a fuel burner equipment and systems installation and 
  6.35  certificate of competency; or 
  6.36     (ii) a plumber/gasfitter certificate of competency. 
  7.1      Subd. 2.  [COMPLIANCE.] A home rule charter or statutory 
  7.2   city that has adopted the same or similar requirements as 
  7.3   provided by this chapter on or before the effective date of this 
  7.4   chapter is considered to be in compliance with this chapter. 
  7.5      Sec. 4.  [325J.04] [OTHER LOCAL REGULATION.] 
  7.6      Nothing in this chapter shall be construed to prohibit a 
  7.7   city from adopting ordinances that provide for equipment and 
  7.8   system licenses, permits, fees, bonds, requiring insurance, 
  7.9   approval of plans, and inspection or from adopting ordinances 
  7.10  more stringent than those provided in this chapter. 
  7.11     Sec. 5.  [APPLICABILITY.] 
  7.12     Sections 1 to 4 apply in the counties of Anoka, Carver, 
  7.13  Dakota, Hennepin, Ramsey, Scott, and Washington. 
  7.14     Sec. 6.  [LOCAL APPROVAL.] 
  7.15     Pursuant to Minnesota Statutes, section 645.023, 
  7.16  subdivision 1, clause (c), sections 1 to 5 take effect without 
  7.17  local approval.