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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 326

Section 326.83

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326.83 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 326.83 to
326.98.
    Subd. 2. Affiliate. An "affiliate" of another person means any person directly or indirectly
controlling, controlled by, or under common control with the other person.
    Subd. 3. Commissioner. "Commissioner" means the commissioner of commerce.
    Subd. 4. Council. "Council" means the builders state advisory council.
    Subd. 5. Gross annual receipts. "Gross annual receipts" means the total amount derived
from residential contracting or remodeling activities, regardless of where the activities are
performed, and must not be reduced by cost of goods sold, expenses, losses, or any other amount.
    Subd. 6. Lessee. "Lessee" means one who rents residential real estate pursuant to a written
lease agreement of at least one year's duration.
    Subd. 7. Licensee. "Licensee" means a residential building contractor, residential remodeler,
manufactured home installer, or roofer licensed under sections 326.83 to 326.991.
    Subd. 8. Manufactured home. "Manufactured home" has the meaning given it in section
327.31, subdivision 6.
    Subd. 9. Manufactured home installer. "Manufactured home installer" has the meaning
given it in section 327.31, subdivision 11.
    Subd. 10. Mechanical contractor. "Mechanical contractor" means a person, sole proprietor,
partnership, joint venture, corporation, or other organization which is in the business of erection,
installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any
heating, ventilating, cooling, process piping, plumbing, fire protection, or refrigeration systems,
incinerators, or other miscellaneous heat-producing appliance, piping, or equipment or appliances
associated with those systems.
    Subd. 11. Owner. Except in section 326.91, subdivision 1, "owner" means a person who
has any legal or equitable interest in real property. For purposes of sections 326.83 to 326.991,
"owner" does not include a residential building contractor or residential remodeler who constructs
or improves its own property for purposes of speculation. A residential building contractor or
residential remodeler will be presumed to be building or improving for purposes of speculation if
it constructs or improves more than one property within any 24-month period.
    Subd. 12. Person. "Person" means a natural person, firm, partnership, limited liability
company, corporation, or association, and the officers, directors, employees, or agents of that
person.
    Subd. 13. Public member. "Public member" means a person who is not, and never was, a
residential building contractor, residential remodeler, residential roofer, or specialty contractor or
the spouse of such person, or a person who has no, or never has had a, material financial interest
in acting as a residential building contractor, residential remodeler, or specialty contractor or
a directly related activity.
    Subd. 14. Qualifying person. "Qualifying person" means the individual who fulfills the
examination and education requirements for licensure on behalf of the licensee.
    Subd. 15. Residential building contractor. "Residential building contractor" means a
person in the business of building residential real estate, or of contracting or offering to contract
with an owner to build residential real estate, by providing two or more special skills as defined
in this section. A residential building contractor may also contract or offer to contract with an
owner to improve existing residential real estate.
    Subd. 16. Residential remodeler. "Residential remodeler" means a person in the business of
contracting or offering to contract with an owner to improve existing residential real estate by
providing two or more special skills as defined in this section.
    Subd. 17. Residential real estate. "Residential real estate" means a new or existing building
constructed for habitation by one to four families, and includes detached garages.
    Subd. 18. Roofer. "Roofer" means a person in the business of contracting, or offering to
contract with an owner, to complete work on residential real estate in roof coverings, roof
sheathing, roof weatherproofing and insulation, and repair of roof systems, but not construction
of new roof systems.
    Subd. 19. Special skill. "Special skill" means one of the following eight categories:
(a) Excavation. Excavation includes work in any of the following areas:
(1) excavation;
(2) trenching;
(3) grading; and
(4) site grading.
(b) Masonry and concrete. Masonry and concrete includes work in any of the following
areas:
(1) drain systems;
(2) poured walls;
(3) slabs and poured-in-place footings;
(4) masonry walls;
(5) masonry fireplaces;
(6) masonry veneer; and
(7) water resistance and waterproofing.
(c) Carpentry. Carpentry includes work in any of the following areas:
(1) rough framing;
(2) finish carpentry;
(3) doors, windows, and skylights;
(4) porches and decks, excluding footings;
(5) wood foundations; and
(6) drywall installation, excluding taping and finishing.
(d) Interior finishing. Interior finishing includes work in any of the following areas:
(1) floor covering;
(2) wood floors;
(3) cabinet and counter top installation;
(4) insulation and vapor barriers;
(5) interior or exterior painting;
(6) ceramic, marble, and quarry tile;
(7) ornamental guardrail and installation of prefabricated stairs; and
(8) wallpapering.
(e) Exterior finishing. Exterior finishing includes work in any of the following areas:
(1) siding;
(2) soffit, fascia, and trim;
(3) exterior plaster and stucco;
(4) painting; and
(5) rain carrying systems, including gutters and down spouts.
(f) Drywall and plaster. Drywall and plaster includes work in any of the following areas:
(1) installation;
(2) taping;
(3) finishing;
(4) interior plaster;
(5) painting; and
(6) wallpapering.
(g) Roofing. Roofing includes work in any of the following areas:
(1) roof coverings;
(2) roof sheathing;
(3) roof weatherproofing and insulation; and
(4) repair of roof support system, but not construction of new roof support system.
(h) General installation specialties. Installation includes work in any of the following areas:
(1) garage doors and openers;
(2) pools, spas, and hot tubs;
(3) fireplaces and wood stoves;
(4) asphalt paving and seal coating;
(5) exterior plaster and stucco; and
(6) ornamental guardrail and prefabricated stairs.
    Subd. 20. Specialty contractor. "Specialty contractor" means a person in the business of
contracting or offering to contract to build or improve residential real estate by providing one
special skill as defined in this section.
    Subd. 21. Garage. "Garage" means a structure attached to or in reasonable proximity
to a dwelling, which is used or intended to be used primarily for the protection or storage of
automobiles or other personal vehicles owned or driven by the occupants of the dwelling.
History: 1991 c 306 s 7; 1993 c 9 s 1-3; 1993 c 145 s 2-4; 1993 c 245 s 2-13; 1993 c 366 s
18; 1995 c 169 s 1,2; 1997 c 222 s 45,46; 1999 c 137 s 6