2007 Minnesota Statutes

326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
    Subdivision 1. Required permit. No person shall construct or install high pressure piping
systems without first filing an application for a permit with the department or a municipality
that has complied with subdivision 2.
    Subd. 2. Permissive municipal regulation. The commissioner may enter into an agreement
with a municipality, in which the municipality agrees to perform inspections and issue permits
for the construction and installation of high pressure piping systems within the municipality's
geographical area of jurisdiction, if:
    (a) The municipality has adopted:
    (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to 5230.6200;
    (2) an ordinance that authorizes the municipality to issue permits to persons holding a high
pressure piping business license issued by the department and only for construction or installation
that would, if performed properly, fully comply with all Minnesota Statutes and Minnesota Rules;
    (3) an ordinance that authorizes the municipality to perform the inspections that are required
under Minnesota Statutes or Minnesota Rules of the construction and installation of high pressure
piping systems; and
    (4) an ordinance that authorizes the municipality to enforce the code for power piping
systems in its entirety.
    (b) The municipality agrees to issue permits only to persons holding a high pressure piping
business license as required by law at the time of the permit issuance, and only for construction or
installation that would, if performed properly, comply with all Minnesota Statutes and Minnesota
Rules governing the construction or installation of high pressure piping systems.
    (c) The municipality agrees to issue permits only on forms approved by the department.
    (d) The municipality agrees that, for each permit issued by the municipality, the municipality
shall perform one or more inspections of the construction or installation to determine whether
the construction or installation complies with all Minnesota Statutes and Minnesota Rules
governing the construction or installation of high pressure piping systems, and shall prepare a
written report of each inspection.
    (e) The municipality agrees to notify the commissioner within 24 hours after the municipality
discovers any violation of the licensing laws related to high pressure piping.
    (f) The municipality agrees to notify the commissioner immediately if the municipality
discovers that any entity has failed to meet a deadline set by the municipality for correction of
a violation of the high pressure piping laws.
    (g) The commissioner determines that the individuals who will conduct the inspections for
the municipality do not have any conflict of interest in conducting the inspections.
    (h) Individuals who will conduct the inspections for the municipality are permanent
employees of the municipality and are licensed contracting high pressure pipefitters or licensed
journeyman high pressure pipefitters.
    (i) The municipality agrees to notify the commissioner within ten days of any changes in the
names or qualifications of the individuals who conduct the inspections for the municipality.
    (j) The municipality agrees to enforce in its entirety the code for power piping systems
on all projects.
    (k) The municipality shall not approve any piping installation unless the installation conforms
to all applicable provisions of the high pressure piping laws in effect at the time of the installation.
    (l) The municipality agrees to promptly require compliance or revoke a permit that it has
issued if there is noncompliance with any of the applicable provisions of the high pressure piping
laws in connection with the work covered by the permit. The municipality agrees to revoke the
permit if any laws regulating the licensing of pipefitters have been violated.
    (m) The municipality agrees to keep official records of all documents received, including
permit applications, and of all permits issued, reports of inspections, and notices issued in
connection with inspections.
    (n) The municipality agrees to maintain the records described in paragraph (m) in the official
records of the municipality for the period required for the retention of public records under section
138.17, and shall make these records readily available for review according to section 13.37.
    (o) Not later than the tenth day of each month, the municipality shall submit to the
commissioner a report of all high pressure piping permits issued by the municipality during the
preceding month. This report shall be in a format approved by the commissioner and shall include:
    (1) the name of the contractor;
    (2) the license number of the contractor's license issued by the commissioner;
    (3) the permit number;
    (4) the address of the job;
    (5) the date the permit was issued;
    (6) a brief description of the work; and
    (7) the amount of the inspection fee.
    (p) Not later than the 31st day of January of each year, the municipality shall submit a
summary report to the commissioner identifying the status of each high pressure piping project for
which the municipality issued a permit during the preceding year, and the status of high pressure
piping projects for which the municipality issued a permit during a prior year where no final
inspection had occurred by the first day of the preceding year. This summary report shall include:
    (1) the permit number;
    (2) the date of any final inspection; and
    (3) identification of any violation of high pressure piping laws related to work covered
by the permit.
    (q) The municipality and the commissioner agree that if at any time during the agreement
the municipality does not have in effect the code for high pressure piping systems or any of the
ordinances described in paragraph (a), or if the commissioner determines that the municipality
is not properly administering and enforcing the code for high pressure piping or is otherwise
not complying with the agreement:
    (1) the commissioner may, effective 14 days after the municipality's receipt of written notice,
terminate the agreement and have the administration and enforcement of the high pressure piping
code in the involved municipality undertaken by the department;
    (2) the municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and
    (3) while any challenge under clause (2) is pending, the commissioner may exercise
oversight of the municipality to the extent needed to ensure that high pressure piping inspections
are performed and permits are issued in accordance with the high pressure piping laws.
    (r) The municipality and the commissioner agree that the municipality may terminate the
agreement with or without cause on 90 days' written notice to the commissioner.
    (s) The municipality and the commissioner agree that no municipality shall revoke,
suspend, or place restrictions on any high pressure piping license issued by the commissioner.
If the municipality identifies during an inspection any violation that may warrant revocation,
suspension, or placement of restrictions on a high pressure piping license issued by the
commissioner, the municipality shall promptly notify the commissioner of the violation and the
commissioner shall determine whether revocation, suspension, or placement of restrictions on any
high pressure piping license issued by the commissioner is appropriate.
    Subd. 3.[Repealed, 1995 c 123 s 9]
    Subd. 4.[Repealed, 1995 c 123 s 9]
    Subd. 5. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 6. Filing and inspection fees. (a) The department must charge a filing fee and an
inspection fee for all applications for permits to construct or install high pressure piping systems.
The filing fee shall be $100. The inspection fee shall be calculated as follows:
    (1) When an application for a permit is filed prior to the start of construction or installation,
the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus 0.011 of the next
$2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of construction or installation.
    (2) Except as provided in paragraph (b), when an application for permit is filed after the start
of construction or installation, the inspection fee shall be the greater of: $1,100; or $150 plus
0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011 of the amount over
$3,000,000 of the cost of construction or installation.
    (b) The commissioner shall consider any extenuating circumstances that caused an
application for permit to be filed after the start of construction or installation. If warranted by such
extenuating circumstances, the commissioner may calculate the inspection fee as if the application
for permit had been filed prior to the start of construction or installation.
    (c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality in
accordance with an agreement under subdivision 2.
History: (5887-30b, 5887-30c) 1937 c 367 s 3,4; Ex1967 c 1 s 6; 1973 c 123 art 5 s 7; 1984
c 481 s 3; 1987 c 132 s 2; 1989 c 335 art 4 s 106; 1996 c 305 art 3 s 32; 2007 c 140 art 10 s 7
NOTE:Subdivision 2 was also amended by Laws 2007, chapter 135, article 4, section
2, to read as follows:
    "Subd. 2. Permissive municipal regulation. A municipality may, by ordinance, provide for
the inspection of high pressure piping system materials and construction, and provide that it shall
not be constructed or installed except in accordance with minimum state standards. The authority
designated by the ordinance for issuing high pressure piping permits and assuring compliance
with state standards must report to the Department of Labor and Industry all violations of state
high pressure piping standards.
    A municipality may not adopt an ordinance with high pressure piping standards that does not
conform to the uniform standards prescribed by the board. The board shall specify by rule the
minimum qualifications for municipal inspectors."