Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

326.84 LICENSING REQUIREMENTS.
    Subdivision 1. Persons required to be licensed. A person who meets the definition of a
residential building contractor as defined in section 326.83, subdivision 15, must be licensed as
a residential building contractor by the commissioner. A person who meets the definition of
a residential remodeler as defined in section 326.83, subdivision 16, must be licensed by the
commissioner as a residential remodeler or residential building contractor. A person who meets the
definition of a residential roofer as defined in section 326.83, subdivision 18, must be licensed by
the commissioner as a residential roofer, residential building contractor, or residential remodeler.
A person who meets the definition of a manufactured home installer as defined in section 327.31,
subdivision 6
, must be licensed as a manufactured home installer by the commissioner.
    Subd. 1a. Persons who may be licensed. A person who meets the definition of a specialty
contractor as defined in section 326.83, subdivision 19, may be licensed by the commissioner as a
residential building contractor or residential remodeler.
    Subd. 1b. Prohibition. Except as provided in subdivision 3, no persons required to be
licensed by subdivision 1 may act or hold themselves out as a residential building contractor,
residential remodeler, residential roofer, or manufactured home installer for compensation without
a license issued by the commissioner.
    Subd. 1c. Licensing criteria. The examination and education requirements for licensure
under sections 326.84 to 326.98 must be fulfilled by a qualifying person designated by the
potential licensee. If the qualifying person is a managing employee, the qualifying person must
be an employee who is regularly employed by the licensee and is actively engaged in the
business of residential contracting or residential remodeling on behalf of the licensee. For a
sole proprietorship, the qualifying person must be the proprietor or managing employee. For a
partnership, the qualifying person must be a general partner or managing employee. For a limited
liability company, the qualifying person must be a chief manager or managing employee. For a
corporation, the qualifying person must be an owner, officer, or managing employee. A qualifying
person for a corporation or limited liability company may act as the qualifying person for more
than one corporation or limited liability company if there is common ownership of at least 25
percent among each of the licensed corporations or limited liability companies for which the
person acts in the capacity of qualifying person.
    Subd. 1d. Required information. (a) Each licensee or applicant for licensure shall provide
to the commissioner a current street address and telephone number where the licensee resides,
and a street address and telephone number where the licensee's business is physically located. A
post office box address is not sufficient to satisfy this requirement. Each licensee or applicant
for licensure must notify the commissioner in writing of any change in the required information
within 15 days of the change.
    (b) Each licensee or applicant for licensure must notify the commissioner in writing upon
any change in control, ownership, officers or directors, personal name, business name, license
name, or qualifying person, within 15 days of the change.
    (c) Each licensee or applicant for licensure must notify the commissioner in writing if the
licensee or applicant for licensure is found to be a judgment debtor based upon conduct requiring
licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
    (d) Each licensee or applicant for licensure must notify the commissioner in writing within
15 days of filing a petition for bankruptcy.
    (e) Each licensee or applicant for licensure must notify the commissioner in writing
within ten days if the licensee or applicant for licensure has been found guilty of a felony,
gross misdemeanor, misdemeanor, or any comparable offense related to residential contracting,
including convictions of fraud, misrepresentation, misuse of funds, theft, criminal sexual conduct,
assault, burglary, conversion of funds, or theft of proceeds in this or any other state or any other
United States jurisdiction.
    Subd. 2.[Repealed, 1993 c 245 s 40]
    Subd. 3. Exemptions. The license requirement does not apply to:
    (1) an employee of a licensee performing work for the licensee;
    (2) a material person, manufacturer, or retailer furnishing finished products, materials, or
articles of merchandise who does not install or attach the items;
    (3) an owner of residential real estate who builds or improves any structure on residential
real estate, if the building or improving is performed by the owner's bona fide employees or by
individual owners personally. This exemption does not apply to an owner who constructs or
improves property for purposes of speculation if the building or improving is performed by
the owner's bona fide employees or by individual owners personally. A residential building
contractor or residential remodeler will be presumed to be building or improving for purposes
of speculation if the contractor or remodeler constructs or improves more than one property
within any 24-month period;
    (4) an architect or professional engineer engaging in professional practice as defined by
section 326.02, subdivisions 2 and 3;
    (5) a person whose total gross annual receipts for performing specialty skills for which
licensure would be required under this section do not exceed $15,000;
    (6) a mechanical contractor;
    (7) a plumber, electrician, or other person whose profession is otherwise subject to statewide
licensing, when engaged in the activity which is the subject of that licensure;
    (8) specialty contractors who provide only one special skill as defined in section 326.83;
    (9) a school district, or a technical college governed under chapter 136F; and
    (10) Habitat for Humanity and Builders Outreach Foundation, and their individual volunteers
when engaged in activities on their behalf.
    To qualify for the exemption in clause (5), a person must obtain a certificate of exemption
from licensure from the commissioner.
    A certificate of exemption will be issued upon the applicant's filing with the commissioner,
an affidavit stating that the applicant does not expect to exceed $15,000 in gross annual receipts
derived from performing services which require licensure under this section.
    To renew the exemption in clause (5), the applicant must file an affidavit stating that the
applicant did not exceed $15,000 in gross annual receipts during the past calendar year.
    If a person, operating under the exemption in clause (5), exceeds $15,000 in gross receipts
during any calendar year, the person must immediately surrender the exemption certificate and
apply for the appropriate license. The person must remain licensed until such time as the person's
gross annual receipts during a calendar year fall below $15,000. The person may then apply
for an exemption for the next calendar year.
History: 1991 c 306 s 8; 1993 c 245 s 14,15; 1995 c 169 s 3; 1996 c 395 s 18; 1997 c 222
s 47; 2007 c 140 art 8 s 8