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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 326. EMPLOYMENTS LICENSED BY STATE

Table of Sections
SectionHeadnote
326.01DEFINITIONS.

ARCHITECTS, ENGINEERS, SURVEYORS,

LANDSCAPE ARCHITECTS, GEOSCIENTISTS,

INTERIOR DESIGNERS

326.02LICENSURE OR CERTIFICATION.
326.03LICENSE OR CERTIFICATE REQUIRED.
326.031SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND NAMES.
326.04BOARD ESTABLISHED.
326.05QUALIFICATIONS OF BOARD MEMBERS.
326.06GENERAL POWERS AND DUTIES OF BOARD.
326.07BOARD, MEETINGS, OFFICERS, QUORUM.
326.08Repealed, 1998 c 324 s 10
326.09RECORDS OF BOARD.
326.10LICENSURE AND CERTIFICATION.
326.105FEES.
326.106DEFINITIONS.
326.107CONTINUING EDUCATION.
326.11LICENSE AND CERTIFICATE REGULATION.
326.111UNAUTHORIZED PRACTICE; DISCIPLINARY ACTION.
326.12LICENSE OR CERTIFICATE AS EVIDENCE; SEAL.
326.13PRACTICE EXEMPT.
326.14CORPORATIONS AND PARTNERSHIPS AUTHORIZED.
326.15FALSE IMPERSONATION.
326.16Repealed, 1976 c 222 s 209
326.165
326.1655Repealed, 2001 c 109 art 1 s 18
326.17Repealed, 2001 c 109 art 1 s 18
326.18Repealed, 2001 c 109 art 1 s 18
326.19Repealed, 2001 c 109 art 1 s 18
326.191Repealed, 1998 c 340 s 21
326.192Repealed, 2001 c 109 art 1 s 18
326.197Repealed, 2001 c 109 art 1 s 18
326.20
326.201Repealed, 2001 c 109 art 1 s 18
326.21Repealed, 1998 c 340 s 21
326.211Repealed, 2001 c 109 art 1 s 18
326.212Repealed, 2001 c 109 art 1 s 18
326.22Repealed, 2001 c 109 art 1 s 18
326.223Repealed, 2001 c 109 art 1 s 18
326.224Repealed, 2001 c 109 art 1 s 18
326.225Repealed, 1998 c 340 s 21
326.228Repealed, 2001 c 109 art 1 s 18
326.229Repealed, 2001 c 109 art 1 s 18
326.23Repealed, 1992 c 542 s 5
326.231Repealed, 1992 c 542 s 5

MINNESOTA ELECTRICAL ACT

326.24Repealed, 1967 c 602 s 17
326.241Repealed, 2007 c 135 art 2 s 40; 2007 c 140 art 5 s 33
326.2411326.2411 BOARD OF ELECTRICITY.
326.2415326.2415 BOARD OF ELECTRICITY.
326.242LICENSES.
326.2421ALARM AND COMMUNICATION SYSTEMS.
326.243326.243 SAFETY STANDARDS.
326.244INSPECTION.
326.2441INSPECTION FEE SCHEDULE.
326.245MANUFACTURED ELECTRICAL PARTS; EXEMPTION.
326.246Repealed, 2007 c 140 art 13 s 3
326.2461Repealed, 2007 c 140 art 13 s 3
326.247Repealed, 2007 c 140 art 5 s 33
326.248326.248 CITATION.
326.25Repealed, 1967 c 602 s 17
326.26Repealed, 1967 c 602 s 17
326.261Repealed, 1967 c 602 s 17
326.27Repealed, 1967 c 602 s 17
326.28Repealed, 1967 c 602 s 17
326.29Repealed, 1967 c 602 s 17
326.30Unnecessary
326.31Repealed, 1967 c 602 s 17

PRIVATE DETECTIVES, PROTECTIVE AGENTS

326.32DEFINITIONS.
326.33BOARD OF PRIVATE DETECTIVE AND PROTECTIVE AGENT SERVICES.
326.331Repealed, 1987 c 360 s 26
326.3311POWERS AND DUTIES.
326.332Repealed, 1987 c 360 s 26
326.3321EMPLOYEES.
326.333Repealed, 1987 c 360 s 26
326.3331RULEMAKING.
326.334Repealed, 1987 c 360 s 26
326.3341EXEMPTIONS.
326.335Repealed, 1974 c 310 s 12
326.336EMPLOYEES OF LICENSE HOLDERS.
326.3361TRAINING.
326.337Repealed, 1987 c 360 s 26
326.338PERSONS ENGAGED AS PRIVATE DETECTIVES OR PROTECTIVE AGENTS.
326.3381LICENSES.
326.3382APPLICATION FOR LICENSE.
326.3383LICENSE REISSUANCE.
326.3384PROHIBITED ACTS.
326.3385CONDITIONS OF LICENSING.
326.3386FEES.
326.3387DISCIPLINARY ACTION.
326.3388ADMINISTRATIVE PENALTIES.
326.3389LICENSES NONTRANSFERABLE.
326.339VIOLATIONS; PENALTY.
326.36326.34-326.36 Repealed, 1945 c 130 s 1

PLUMBERS

326.37RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY STANDARDS; LICENSE EXEMPTION.
326.3705326.3705 PLUMBING BOARD.
326.371BAN ON LEAD IN PLUMBING.
326.372326.372 PLUMBING BOARD.
326.38326.38 LOCAL REGULATIONS.
326.39326.39 VIOLATIONS TO BE REPORTED TO COMMISSIONER.
326.40LICENSING, BOND AND INSURANCE.
326.401PLUMBER'S APPRENTICES.
326.402326.402 RESTRICTED PLUMBER LICENSE.
326.405326.405 RECIPROCITY WITH OTHER STATES.
326.41Repealed, 2007 c 133 art 2 s 13; 2007 c 140 art 13 s 3
326.42APPLICATIONS, FEES.
326.43Repealed, 1993 c 206 s 25
326.44Repealed, 2007 c 135 art 2 s 40; 2007 c 140 art 13 s 3
326.45Repealed, 2007 c 135 art 3 s 42; 2007 c 140 art 13 s 3

PIPEFITTERS

326.46326.46 DEPARTMENT TO SUPERVISE HIGH PRESSURE PIPING.
326.461DEFINITIONS.
326.47APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
326.471326.471 BOARD OF HIGH PRESSURE PIPING SYSTEMS.
326.48LICENSING AND REGISTRATION.
326.49Repealed, 1984 c 481 s 8
326.50326.50 LICENSE APPLICATION AND RENEWAL.
326.505326.505 BOARD OF HIGH PRESSURE PIPING SYSTEMS.
326.51Repealed, 2007 c 140 art 13 s 3
326.52Repealed, 2007 c 135 art 2 s 40; 2007 c 140 art 13 s 3
326.521Repealed, 2007 c 140 art 13 s 3

MOTION PICTURE FILM EXHIBITORS

326.523LICENSE PROVISIONS; DISTRIBUTION; CANCELLATION.
326.524LICENSES MAY NOT CONTAIN CERTAIN RESTRICTIONS.
326.525LICENSES, WHEN VOID.
326.526APPLICATION OF SECTIONS 326.523 TO 326.526.
326.53VIOLATIONS; PENALTY PROVISIONS.
326.54Repealed, 1983 c 293 s 115
326.541Repealed, 1983 c 293 s 115
326.542Repealed, 1983 c 293 s 115
326.543Repealed, 1983 c 293 s 115
326.544Repealed, 1983 c 293 s 115
326.545Repealed, 1983 c 293 s 115
326.546Repealed, 1983 c 293 s 115
326.547Repealed, 1983 c 293 s 115

MEMBERS OF ARMED FORCES

326.55NONPAYMENT OF LICENSE FEES.
326.56LICENSES, CERTIFICATES OF REGISTRATION; RENEWALS.

WATER CONDITIONING CONTRACTORS

AND INSTALLERS

326.57WATER CONDITIONING CONTRACTOR AND INSTALLER STANDARDS.
326.58326.58 LOCAL REGULATIONS.
326.59326.59 VIOLATIONS TO BE REPORTED TO COMMISSIONER.
326.60LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
326.601ALTERNATIVE STATE BONDING AND INSURANCE REGULATION.
326.61DEFINITIONS; RULES.
326.62326.62 FEES.
326.63Repealed, 1993 c 206 s 25
326.64Repealed, 2007 c 135 art 2 s 40; 2007 c 140 art 13 s 3
326.65326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
326.66Repealed, 1988 c 629 s 64

ASBESTOS ABATEMENT ACT

326.70TITLE.
326.71DEFINITIONS.
326.72ASBESTOS LICENSE.
326.73ASBESTOS CERTIFICATIONS.
326.74REPORTING ASBESTOS WORK.
326.75FEES.
326.76DUTIES OF CONTRACTING ENTITIES.
326.77INDOOR AIR STANDARD.
326.78DUTIES OF COMMISSIONER.
326.785ASBESTOS CONTAINMENT BARRIERS.
326.79Repealed, 1993 c 206 s 25
326.80Repealed, 1993 c 206 s 25
326.81DISCRIMINATION; SANCTIONS.
326.82Repealed, 1990 c 594 art 3 s 15

RESIDENTIAL CONTRACTORS AND REMODELERS

326.83DEFINITIONS.
326.84LICENSING REQUIREMENTS.
326.841326.841 MANUFACTURED HOME INSTALLERS.
326.842326.842 RESIDENTIAL ROOFERS.
326.85Repealed, 2007 c 140 art 13 s 3
326.86FEES.
326.87CONTINUING EDUCATION.
326.875Repealed, 2007 c 140 art 13 s 3
326.88326.88 LOSS OF QUALIFYING PERSON.
326.89APPLICATION AND EXAMINATION.
326.90LOCAL LICENSES.
326.91DENIAL, SUSPENSION, OR REVOCATION OF LICENSES.
326.92PENALTIES.
326.921326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE OF PERMIT APPLICATION.
326.93SERVICE OF PROCESS.
326.94BOND; INSURANCE.
326.945Repealed, 2007 c 140 art 13 s 3
326.95LICENSE NUMBER; ADVERTISING.
326.951DISCLOSURES.
326.96326.96 PUBLIC EDUCATION.
326.97LICENSE RENEWAL.
326.975Repealed, 2007 c 135 art 2 s 40; 2007 c 140 art 13 s 3
326.98Repealed, 2007 c 140 art 13 s 3
326.99Repealed, 1996 c 439 art 4 s 6
326.991
326.992326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
326.01 DEFINITIONS.
    Subdivision 1. Words, terms and phrases. For the purpose of this chapter, the terms defined
in this section have the meanings ascribed to them.
    Subd. 2. Class A master electrician. "Class A master electrician" means an individual
having the necessary qualifications, training, experience, and technical knowledge to perform
and supervise any electrical work, and who is licensed as a Class A master electrician by the
commissioner.
    Subd. 3. Class A journeyman electrician. "Class A journeyman electrician" means an
individual having the necessary qualifications, training, experience, and technical knowledge to
perform and supervise any electrical work except for planning or laying out of electrical work,
and who is licensed as a Class A journeyman electrician by the commissioner.
    Subd. 4.[Repealed, 2007 c 140 art 5 s 33; art 13 s 3]
    Subd. 4a. Elevator constructor. "Elevator constructor" means an individual having the
necessary qualifications, training, experience, and technical knowledge to wire for, install,
maintain, and repair electrical wiring, apparatus, and equipment for elevators and escalators and
who is licensed as an elevator constructor by the commissioner.
    Subd. 4b. Elevator contractor. "Elevator contractor" means a licensed contractor whose
responsible licensed individual is a licensed master elevator constructor. An elevator contractor
license does not itself qualify its holder to perform or supervise the electrical or elevator work
authorized by holding any other personal license issued by the commissioner.
    Subd. 4c. Lineman. "Lineman" means an individual having the necessary qualifications,
training, experience, and technical knowledge to construct and maintain transmission and
distribution systems that are or will be owned or leased by an electrical utility, and who is licensed
as a lineman by the commissioner.
    Subd. 4d. Maintenance electrician. "Maintenance electrician" means an individual having
the necessary qualifications, training, experience, and technical knowledge to properly maintain
and repair electrical wiring, apparatus, and equipment, who is licensed as a maintenance
electrician by the commissioner or who is exempt from licensing by sections 326.241 to 326.248.
    Subd. 4e. Master elevator constructor. "Master elevator constructor" means an individual
having the necessary qualifications, training, experience, and technical knowledge to properly
plan, lay out, and supervise the installation, maintenance, and repair of wiring, apparatus, and
equipment for elevators and escalators and who is licensed as a master elevator constructor
by the commissioner.
    Subd. 5. Contractor. "Contractor" means a person who performs or offers to perform
any electrical work, with or without compensation, who is licensed as a contractor by the
commissioner. A contractor's license does not of itself qualify its holder to perform or supervise
the electrical work authorized by holding any class of electrician's or other personal electrical
license. Contractor includes electrical contractors and technology system contractors.
    Subd. 6. Class B master electrician. "Class B master electrician" means an individual
having the necessary qualifications, training, experience, and technical knowledge to perform and
supervise any electrical work for single phase systems of not over 200 ampere capacity for light,
heat, power, and other purposes on any farm or in any single family dwelling located in any town
or municipality which has a population of less than 2,500 inhabitants, and who is licensed as a
Class B master electrician by the commissioner.
    Subd. 6a. Class B journeyman electrician. "Class B journeyman electrician" means an
individual having the necessary qualifications, training, experience, and technical knowledge
to install, alter, repair, and supervise the installing, altering, or repairing of electrical wiring,
apparatus, and equipment for single phase systems of not more than 200 ampere capacity for light,
heat, power, and other purposes on any farm or in any single family dwelling located in any town
or municipality which has a population of less than 2,500 inhabitants, and who is licensed as a
Class B journeyman electrician by the commissioner.
    Subd. 6b. Class A installer. "Class A installer" means an individual who has the necessary
qualifications, training, experience, and technical knowledge to properly lay out and install
electrical wiring, apparatus, and equipment for major electrical home appliances and such
other electrical equipment as is determined by the commissioner pursuant to section 326.242,
subdivision 3
, on the load side of the main service on farmsteads or in any town or municipality
with less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not
contain an established business of a master electrician, and who is licensed as a Class A installer
by the commissioner.
    Subd. 6c. Class B installer. "Class B installer" means an individual who has the necessary
qualifications, training, experience, and technical knowledge to properly lay out and install
electrical wiring, apparatus, and equipment on center pivot irrigation booms on the load side
of the main service on farmsteads, and install other electrical equipment determined by the
commissioner, and who is licensed as a Class B installer by the commissioner.
    Subd. 6d.[Repealed, 2003 c 58 s 8]
    Subd. 6e. Owner. An owner is an individual who physically performs electrical work on
premises the individual owns and actually occupies as a residence or owns and will occupy as a
residence upon completion of its construction.
    Subd. 6f. Electrical work. "Electrical work" means the installing, altering, repairing,
planning, or laying out of electrical wiring, apparatus, or equipment for electrical light, heat,
power, technology circuits or systems, or other purposes. The installing, altering, repairing,
planning, or laying out of electrical wiring, apparatus, or equipment for electrical light, heat,
power, technology circuits or systems, or other purposes includes, but is not limited to, the
performance of any work regulated by the standards referred to in section 326.243.
    Subd. 6g. Direct supervision. "Direct supervision" means:
    (1) an unlicensed individual is being supervised by an individual licensed to perform the
electrical work being supervised;
    (2) during the entire working day of the unlicensed individual, the licensed individual is
physically present at the location where the unlicensed individual is performing electrical work
and immediately available to the unlicensed individual;
    (3) the licensed individual is physically present and immediately available to the unlicensed
individual at all times for assistance and direction;
    (4) electronic supervision does not meet the requirement of physically present and
immediately available;
    (5) the licensed individual shall review the electrical work performed by the unlicensed
individual before the electrical work is operated; and
    (6) the licensed individual is able to and does determine that all electrical work performed by
the unlicensed individual is performed in compliance with section 326.243.
    The licensed individual is responsible for the compliance with section 326.243 of all
electrical work performed by the unlicensed individual.
    Subd. 6h.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 6i. Demarcation. "Demarcation" means listed equipment as identified in Minnesota
Rules, part 3800.3619, such as a transformer, uninterruptible power supply (UPS), battery, control
panel, or other device that isolates technology circuits or systems from nontechnology circuits or
systems, including plug or cord and plug connection.
    Subd. 6j. Residential dwelling. A "residential dwelling" is a single dwelling unit that
is contained in a one-family, two-family, or multifamily dwelling as defined in the National
Electrical Code pursuant to section 326.243. A residential dwelling includes a garage and
accessory building that can only be used by the residents of the single dwelling unit.
    Subd. 6k. Power limited technician. "Power limited technician" means an individual having
the necessary qualifications, training, experience, and technical knowledge to install, alter,
repair, plan, lay out, and supervise the installing, altering, and repairing of electrical wiring,
apparatus, and equipment for technology circuits or systems, and who is licensed as a power
limited technician by the commissioner.
    Subd. 6l. Technology circuits or systems. "Technology circuits or systems" means class 2
or class 3 circuits or systems for, but not limited to, remote control, signaling, control, alarm,
and audio signal, including associated components as covered by the National Electrical Code,
articles 640, 645, 650, 725, 760, 770, and 780, and which are isolated from circuits or systems
other than class 2 or class 3 by a demarcation and are not process control circuits or systems;
antenna and communication circuits or systems as covered by chapter 8 of the National Electrical
Code; and circuitry and equipment for indoor lighting and outdoor landscape lighting systems
that are supplied by the secondary circuit of an isolating power supply operating at 30 volts or
less as covered by the National Electrical Code, article 411. The planning, laying out, installing,
altering, and repairing of technology circuits or systems must be performed in accordance with
the applicable requirements of the National Electrical Code pursuant to section 326.243.
    Subd. 6m. Process control circuits or systems. "Process control circuits or systems" are
circuits or systems, regardless of electrical classification, that are integrated with a manufacturing,
mining, energy, finishing, conveyance of equipment or product, material handling or packaging
process that makes or assembles, or similar process. Process control systems does not include
premises network and communication systems whose purpose or function is not dedicated to
process control circuits or systems.
    Subd. 7. Journeyman plumber. A "journeyman plumber" is an individual, other than a
master plumber, who, as a principal occupation, is engaged as an employee of, or is otherwise
working under the direction of, a master plumber in the practical installation of plumbing.
    Subd. 8. Master plumber. A "master plumber" is an individual who is skilled in the
planning, superintending, and the practical installation of plumbing, who is otherwise lawfully
qualified to contract for plumbing and installations and to conduct the business of plumbing and
who is familiar with the laws and rules governing the same.
    Subd. 9.[Repealed, 2007 c 140 art 6 s 16]
    Subd. 10.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 11.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 12.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 13.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 14. Person. The term "person" includes an individual, partnership, association, joint
stock company, trust, or corporation.
    Subd. 15. Distributor. The term "distributor" includes any person who engages, or contracts
to engage, in the distribution of motion picture films and is a resident of, or legally authorized to
do business in, this state.
    Subd. 16. Exhibitor. The term "exhibitor" includes any person who engages, or contracts
to engage, in the exhibition of motion picture films and is a resident of, or legally authorized to
do business in, this state.
    Subd. 17. License. The term "license" includes the offering, intending or making of a license
agreement, contract, or any type of agreement whereby a film, the distribution of which is
controlled by one of the parties is to be supplied to and exhibited in a theatre owned, controlled,
or operated by the other party.
    Subd. 18. Feature motion picture film. The term "feature motion picture film" means all
motion pictures, whether copyrighted or uncopyrighted, including positive and negative prints
and copies or reproductions of such prints, which films contain photoplays or other subjects and
are produced for public exhibition. The term shall not include films commonly known as short
subjects, newsreels, trailers, serials, reissues, foreign, and western pictures, and road shows.
    Subd. 19. Exhibition season. The term "exhibition season" means a period of 12 months
as may be selected by the producer-distributor, but there shall be no lapse of time between the
termination of one season and the beginning of the next.
    Subd. 20.[Repealed, 1992 c 464 art 1 s 19]
    Subd. 21.[Repealed, 1989 c 209 art 1 s 33]
History: (5872, 5887, 5887-23, 5887-30, 5887-30e) 1907 c 457 s 8; 1913 c 554 s 1; 1933 c
349 s 5; 1937 c 367 s 1,6; 1937 c 370 s 4; 1941 c 460 s 1; 1943 c 474 s 1; 1947 c 253 s 1; 1957 c
907 s 1-3; 1967 c 602 s 10-16; 1979 c 121 s 1; 1985 c 73 s 1-4; 1985 c 248 s 70; 1Sp1985 c 6 s 2;
1986 c 373 s 1,2; 1986 c 402 s 1; 1986 c 444; 1991 c 289 s 1-9; 2002 c 328 s 1-7; 2003 c 58 s
1; 2007 c 135 art 6 s 1; 2007 c 140 art 5 s 1-18; art 6 s 2,3

ARCHITECTS, ENGINEERS, SURVEYORS,

LANDSCAPE ARCHITECTS, GEOSCIENTISTS,

INTERIOR DESIGNERS

326.02 LICENSURE OR CERTIFICATION.
    Subdivision 1. Licensure or certification mandatory. In order to safeguard life, health,
and property, and to promote the public welfare, any person in either public or private capacity
practicing, or offering to practice, architecture, professional engineering, land surveying,
landscape architecture, or professional geoscience, or using the title certified interior designer in
this state, either as an individual, a copartner, or as agent of another, shall be licensed or certified
as hereinafter provided. It shall be unlawful for any person to practice, or to offer to practice,
in this state, architecture, professional engineering, land surveying, landscape architecture, or
professional geoscience, or to use the title certified interior designer, or to solicit or to contract
to furnish work within the terms of sections 326.02 to 326.15, or to use in connection with the
person's name, or to otherwise assume, use or advertise any title or description tending to convey
the impression that the person is an architect, professional engineer (hereinafter called engineer),
land surveyor, landscape architect, professional geoscientist (hereinafter called geoscientist), or
certified interior designer, unless such person is qualified by licensure or certification under
sections 326.02 to 326.15. This subdivision does not preclude an individual who retired from
one of the professions listed in this subdivision from using the designation architect, professional
engineer, land surveyor, landscape architect, professional geoscientist, or certified interior
designer as long as the designation is preceded by the word "retired" and the individual was
licensed or certified in the designated profession in the state of Minnesota on the date the
individual retired from the designated profession and the individual's license or certification was
not subsequently revoked by the Board of Architecture, Engineering, Land Surveying, Landscape
Architecture, Geoscience, and Interior Design.
    Subd. 2. Practice of architecture. Any person shall be deemed to be practicing architecture,
within the meaning of sections 326.02 to 326.15, who holds out as being able to perform or who
does perform any professional service, such as planning, design, or supervision of construction for
the purpose of assuring compliance with specifications and design, in connection with any private
or public buildings, structures or projects, or the equipment or utilities thereof, or the accessories
thereto, wherein the safeguarding of life, health, or property is concerned or involved, when such
professional service requires the application of the art and science of construction based upon the
principles of mathematics, aesthetics, and the physical sciences, acquired by education or training,
and by experience. For the purposes of this subdivision "supervision" is a professional service as
distinguished from superintending of construction and means the performance or the supervision
thereof, of reasonable and ordinary on the site observations to determine that the construction is in
substantial compliance with the approved drawings, plans and specifications.
    Subd. 3. Practice of professional engineering. Any person shall be deemed to be practicing
professional engineering within the meaning of sections 326.02 to 326.15 who holds out as
being able to perform or who does perform any technical professional service, such as planning,
design or observation of construction for the purpose of assuring compliance with specifications
and design, in connection with any public or private structures, buildings, utilities, machines,
equipment, processes, works, or projects wherein the public welfare or the safeguarding of
life, health, or property is concerned or involved, when such professional service requires the
application of the principles of mathematics and the physical and applied engineering sciences,
acquired by education or training, and by experience.
    Subd. 3a. Practice of professional geoscience. A person is considered to be practicing
professional geoscience within the meaning of sections 326.02 to 326.15 who holds out as
being able to perform or who does perform any technical professional services, the adequate
performance of which requires professional geoscience education, training, and experience in the
application of special knowledge of the mathematical, physical, chemical, biological, and earth
sciences to such services or creative work as consultation, investigation, evaluation, planning,
mapping, and inspection of geoscientific work and its responsible supervision.
A person is considered to practice or offer to practice professional geoscience, within the
meaning and intent of sections 326.02 to 326.15 who practices any of the geoscience disciplines
defined by the board; who by verbal claim, sign, advertisement, letterhead, card, or in any other
way represents oneself to be a professional geoscientist; through the use of some other title
implies that the person is a professional geoscientist; or who presents oneself as able to perform
or who does perform any geoscience services or that constitutes the practice of a professional
geoscience discipline as defined by the board.
"Geoscience" means the science which includes treatment of the earth and its origin and
history; the investigation, measurement or sampling, of the earth's constituent rocks, natural and
induced fields of force, minerals, fossils, solids, soils, fluids including surface and underground
waters, gases, and other materials; and the study, interpretation, and analysis of the natural agents,
forces, and processes which cause changes in the earth.
Nothing in this subdivision shall be construed to prevent a professional engineer, as defined
in sections 326.02 to 326.15, from acquiring engineering data involving soil, rock, groundwater,
and other earth materials; evaluating physical and chemical properties of soil, rock, groundwater,
and other earth materials for engineering; and from utilizing these data for analysis, design, and
construction. Nothing in this subdivision shall be construed to permit a professional geoscientist
to engage in the practice of professional engineering, architecture, landscape architecture, or land
surveying or to use the title "certified interior design" as those terms are defined in this section.
Nothing in this subdivision shall be construed to regulate persons who take soil samples for the
purpose of providing recommendations on crop production.
    Subd. 4. Practice of land surveying. Land surveying means the application of the principles
of mathematics, physical and applied sciences and law to measuring and locating lines, angles,
elevations and natural or artificial features in the air, on the surface of the earth, underground and
on the beds of bodies of water for the purpose of:
(1) monumenting property boundaries;
(2) planning, designing, and platting of land and subdivisions including the topography,
alignment and grades of streets; and
(3) preparing and perpetuating maps, record plats and property descriptions.
Any person who offers to perform, holds out as being able to perform, or who does perform
land surveying for others shall be practicing land surveying.
Nothing contained in the provisions of sections 326.02 to 326.15, shall prohibit a licensed
professional engineer, architect, landscape architect, or professional geoscientist from doing
any work included in the practice of engineering, architecture, landscape architecture, and
professional geoscience, if the work does not involve the establishment or reestablishment of
property corners or property lines.
    Subd. 4a. Practice of landscape architecture. Any person shall be deemed to be practicing
landscape architecture, within the meaning of sections 326.02 to 326.15, who holds out as
being able to perform or who does perform any professional service in connection with the
development of land areas where the dominant purpose of the service is the preservation,
enhancement or determination of proper land uses, natural land features, ground cover and
planting, naturalistic and aesthetic values, the settings, approaches or environment for structures
or other improvements, and the consideration and determination of inherent problems of the land
relating to erosion, wear and tear, blight and hazards. This practice shall include the location and
arrangement of tangible objects and features incidental and necessary to the purposes outlined but
shall not include the design of structures or facilities with separate and self-contained purposes as
ordinarily included in the practice of engineering or architecture or the preparation of boundary
surveys or final land plats, as ordinarily included in the practice of land surveying.
Nothing contained in sections 326.02 to 326.15 concerning landscape architects shall be
construed:
(1) to apply to a professional engineer duly registered under the laws of this state;
(2) to apply to an architect registered under the laws of this state;
(3) to apply to a land surveyor registered under the laws of this state;
(4) to prevent a registered architect or professional engineer from doing landscape planning
and designing;
(5) to exclude nursery operators or other small business people from the preparation of
landscape plans appropriate to the normal operation of their business;
(6) to authorize a landscape architect to engage in the practice of architecture, engineering,
land surveying, or geoscience.
No person shall use the designation landscape architect or any title or device indicating or
representing that the person is a landscape architect or is practicing landscape architecture unless
the person is registered under the provisions of sections 326.02 to 326.15.
    Subd. 4b. Certified interior designer. (a) For the purposes of sections 326.02 to 326.15,
"certified interior designer" means a person who is certified under section 326.10, to use the
title certified interior designer and who provides services in connection with the design of
public interior spaces, including preparation of documents relative to non-load-bearing interior
construction, space planning, finish materials, and furnishings.
(b) No person may use the title certified interior designer unless that person has been
certified as an interior designer or has been exempted by the board. Registered architects may be
certified without additional testing. Persons represent themselves to the public as certified interior
designers if they use a title that incorporates the words certified interior designer.
(c) Nothing in this section prohibits the use of the title interior designer or the term interior
design by persons not certified by the board.
(d) Nothing in this section restricts persons not certified by the board from providing interior
design services and from saying that they provide such services, as long as they do not use the
title certified interior designer.
(e) Nothing in this section authorizes certified interior designers to engage in the practice of
architecture as defined in subdivision 2 or the practice of engineering as defined in subdivision 3.
    Subd. 5. Limitation. The provisions of sections 326.02 to 326.15 shall not apply to the
preparation of plans and specifications for the erection, enlargement, or alteration of any building
or other structure by any person, for that person's exclusive occupancy or use, unless such
occupancy or use involves the public health or safety or the health or safety of the employees
of said person, or of the buildings listed in section 326.03, subdivision 2, nor to any detailed or
shop plans required to be furnished by a contractor to a registered engineer, landscape architect,
architect, or certified interior designer, nor to any standardized manufactured product, nor to any
construction superintendent supervising the execution of work designed by an architect, landscape
architect, engineer, or certified interior designer licensed or certified in accordance with section
326.03, nor to the planning for and supervision of the construction and installation of work by an
electrical contractor or master plumber as defined in and licensed pursuant to this chapter, where
such work is within the scope of such licensed activity and not within the practice of professional
engineering, or architecture, or where the person does not claim to be a certified interior designer
as defined in subdivision 2, 3, or 4b.
History: (5697-1) 1921 c 523 s 1; 1933 c 404 s 1; 1945 c 380 s 1; Ex1967 c 28 s 1; 1971 c
22 s 1-3; 1973 c 245 s 1; 1975 c 329 s 1-3; 1979 c 209 s 1; 1Sp1981 c 4 art 1 s 25-29; 1986 c
444; 1992 c 507 s 3-5; 1995 c 206 s 4-7; 2002 c 239 s 1
326.03 LICENSE OR CERTIFICATE REQUIRED.
    Subdivision 1. Plans; documents. No person, except an architect, engineer, land surveyor,
landscape architect, geoscientist, or certified interior designer, licensed or certified as provided for
in sections 326.02 to 326.15 shall practice architecture, professional engineering, land surveying,
landscape architecture, or professional geoscience, or use the title certified interior designer,
respectively, in the preparation of plans, specifications, reports, plats or other architectural,
engineering, land surveying, landscape architectural, geoscientific, or interior design documents,
or in the observation of architectural, engineering, land surveying, landscape architectural,
geoscientific, or interior design projects. In preparation of such documents, reasonable care shall
be given to compliance with applicable laws, ordinances, and building codes relating to design.
    Subd. 2. Exceptions. Nothing contained in sections 326.02 to 326.15 shall prevent persons
from advertising and performing services such as consultation, investigation, or evaluation in
connection with, or from making plans and specifications for, or from supervising, the erection,
enlargement, or alteration of any of the following buildings:
(a) dwellings for single families, and outbuildings in connection therewith, such as barns
and private garages;
(b) two family dwellings;
(c) any farm building or accessory thereto; or
(d) temporary buildings or sheds used exclusively for construction purposes, not exceeding
two stories in height, and not used for living quarters.
    Subd. 3. Recording. No plat, map, or drawing of any survey or subdivision of lands required
by law to be filed or recorded with the county recorder or registered with the registrar of titles of
any county, shall be filed, recorded, or registered therein unless there shall be endorsed thereon a
certification by a licensed land surveyor.
    Subd. 4. Exception for persons elected in office. The provisions hereof shall not apply
to any person holding an elective office when in discharging the duties thereof such person
is required to do work or perform service of the character of work or service usually done or
performed by an architect, engineer, land surveyor, landscape architect, or geoscientist.
    Subd. 5. Insurance companies; rating bureaus. The provisions of sections 326.02 to
326.15 shall not apply to inspection and service work done by employees of insurance companies,
their agents, or insurance rating bureaus.
History: (5697-2) 1921 c 523 s 2; 1933 c 404 s 1; 1945 c 380 s 2; Ex1967 c 28 s 2; 1975 c
83 s 1; 1975 c 329 s 4,5; 1976 c 181 s 2; 1976 c 222 s 138; 1978 c 577 s 1,2; 1Sp1981 c 4 art
1 s 30; 1987 c 8 s 1; 1987 c 384 art 1 s 30; 1989 c 329 art 5 s 15; 1990 c 562 art 5 s 11; 1992
c 507 s 6; 1995 c 206 s 8,9; 1998 c 324 s 9
326.031 SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND NAMES.
Any engineer, architect, certified interior designer, or other person preparing specifications
with respect to a contract for the construction of any facility for the state, or any agency or
department thereof, or for any county, city, town, or school district, shall at the time of submitting
such specifications to the governing body of the organization requesting the specifications, submit
to such body, in writing, a list showing each item in the specifications which has been specified by
brand name, unless such specifications allow for the consideration of an equal.
History: 1969 c 635 s 1; 1973 c 123 art 5 s 7; 1992 c 507 s 7
326.04 BOARD ESTABLISHED.
To carry out the provisions of sections 326.02 to 326.15 there is hereby created a Board of
Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior
Design consisting of 21 members, who shall be appointed by the governor. Three members
shall be licensed architects, five members shall be licensed engineers, two members shall be
licensed landscape architects, two members shall be licensed land surveyors, two members shall
be certified interior designers, two members shall be licensed geoscientists, and five members
shall be public members. Not more than one member of the board shall be from the same branch
of the profession of engineering. The first professional geoscientist members shall be appointed
as soon as possible and no later than October 1, 1995. One of these members shall serve for a
term to end January 1, 1997. The other member shall serve for a term to end January 1, 1999. The
second licensed landscape architect and certified interior designer members shall be appointed
to succeed the two public members whose terms end on January 1, 1996. The second licensed
landscape architect and certified interior designer members shall be appointed by the governor no
later than October 1, 1995, and shall serve a term to end on January 1, 2000. During the time from
the appointment of these members until January 1, 1996, the board shall consist of 23 members.
Membership terms, compensation of members, removal of members, the filling of membership
vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to
214.09. Members shall be limited to two terms. The provision of staff, administrative services
and office space; the review and processing of complaints; the setting of board fees; and other
provisions relating to board operations shall be as provided in chapter 214.
History: (5697-3) 1921 c 523 s 3; 1949 c 86 s 1; 1973 c 638 s 42; 1975 c 136 s 55; 1975
c 329 s 6; 1976 c 222 s 139; 1976 c 239 s 63; 1979 c 209 s 2; 1991 c 199 art 1 s 50; 1992
c 507 s 8; 1995 c 206 s 10; 1998 c 324 s 1
326.05 QUALIFICATIONS OF BOARD MEMBERS.
Each member of the board shall be a resident of this state at the time of and throughout the
member's appointment. Each member except the public members shall have been engaged in
the practice of the relevant profession for at least ten years and shall have been in responsible
charge of professional work requiring licensure as an architect, engineer, land surveyor, landscape
architect, or geoscientist, or certification as an interior designer for at least five years.
History: (5697-4) 1921 c 523 s 4; 1973 c 638 s 43; 1975 c 329 s 7; 1976 c 222 s 140; 1986 c
444; 1992 c 507 s 9; 1995 c 206 s 11; 1998 c 324 s 2
326.06 GENERAL POWERS AND DUTIES OF BOARD.
Each member of the board shall receive a certificate of appointment from the governor, and,
before beginning a term of office, shall file with the secretary of state the constitutional oath of
office. The board shall adopt and have an official seal, which shall be affixed to all licenses
granted; shall make all rules, not inconsistent with law, needed in performing its duties; and
shall fix standards for determining the qualifications of applicants for certificates, which shall
not exceed the requirements contained in the curriculum of a recognized school of architecture,
landscape architecture, engineering, geoscience, or interior design. The board shall make rules to
define classes of buildings with respect to which persons performing services described in section
326.03, subdivision 2, may be exempted from the provisions of sections 326.02 to 326.15, by a
finding of no probable risk to life, health, property or public welfare.
History: (5697-5) 1921 c 523 s 5; 1975 c 329 s 8; 1976 c 222 s 141; 1978 c 577 s 3; 1979 c
222 s 1; 1986 c 444; 1987 c 8 s 2; 1987 c 384 art 1 s 31; 1992 c 507 s 10; 1995 c 206 s 12
326.07 BOARD, MEETINGS, OFFICERS, QUORUM.
The board shall hold meetings at such times the board shall specify. Notice of all meetings
shall be given in such manner as the bylaws may provide as described in chapter 13D. The
board shall elect annually from its members a chair, a vice-chair, a secretary and a treasurer.
A quorum of the board shall consist of a majority of members of the board qualified to vote
on the matter in question.
History: (5697-6) 1921 c 523 s 6; 1949 c 86 s 2; 1973 c 638 s 44; 1975 c 136 s 56; 1975 c
329 s 9; 1986 c 444; 1992 c 507 s 11; 1995 c 206 s 13; 1998 c 324 s 3
326.08 [Repealed, 1998 c 324 s 10]
326.09 RECORDS OF BOARD.
The board shall keep a record of its proceedings and a register of all applicants for licensing,
showing for each the date of application, name, age, educational and other qualifications, place of
business, and the place of residence, whether or not an examination was required and whether the
applicant was rejected or a license granted, and the date of such action. The books and register
of the board shall be prima facie evidence of all matters recorded therein. A roster showing the
names and places of business or of residence of all licensed architects, engineers, land surveyors,
landscape architects, geoscientists, and certified interior designers shall be prepared annually.
Rosters may be printed out of the funds of the board.
History: (5697-8) 1921 c 523 s 8; 1955 c 847 s 23; 1957 c 15; 1975 c 329 s 11; 1976 c 222 s
144; 1992 c 507 s 13; 1995 c 206 s 15; 1998 c 324 s 4
326.10 LICENSURE AND CERTIFICATION.
    Subdivision 1. Issuance. (a) The board shall on application therefor on a prescribed form,
and upon payment of a fee prescribed by rule of the board, issue a license or certificate as an
architect, engineer, land surveyor, landscape architect, geoscientist, or certified interior designer.
A separate fee shall be paid for each profession licensed.
(1) To any person over 25 years of age, who is of good moral character and repute, and who
has the experience and educational qualifications which the board by rule may prescribe.
(2) To any person who holds an unexpired certificate of registration or license issued by
proper authority in the District of Columbia, any state or territory of the United States, or any
foreign country, in which the requirements for registration or licensure of architects, engineers,
land surveyors, landscape architects, geoscientists, or certified interior designers, respectively, at
the time of registration or licensure in the other jurisdiction, were equal, in the opinion of the
board, to those fixed by the board and by the laws of this state, and in which similar privileges
are extended to the holders of certificates of registration or licensure issued by this state. The
board may require such person to submit a certificate of technical qualification from the National
Council of Architectural Registration Boards in the case of an architect, from the National
Council of Examiners for Engineering and Surveying in the case of an engineer, from the Council
of Landscape Architectural Registration Boards in the case of a landscape architect, and from the
National Council for Interior Design Qualification in the case of a certified interior designer.
(b) Notwithstanding paragraph (a), for one year from the effective date of rules adopted by
the board with respect to the discipline of professional geoscience, the board may accept as
evidence that the applicant is qualified for licensing in the discipline of professional geoscience:
(1) a record of graduation with a baccalaureate degree from a school or college having
accreditation defined by the board and a geoscience or associated science curriculum approved by
the board; and
(2) at least five years of active professional practice in the discipline of professional
geoscience as approved by the board.
    Subd. 2. Examination. The board, or a committee of the board, may subject any applicant
for licensure or certification to such examinations as may be deemed necessary to establish
qualifications.
In determining the qualifications of applicants, at least one member determining the
qualifications must be licensed or certified in the same profession as that being evaluated.
    Subd. 2a. Needs of physically disabled, inclusion in examination. Examinations for
architect, civil structural engineer, landscape architect, and certified interior designer shall include
questions which require the applicant to demonstrate knowledge of the design needs of people
with physical disabilities and of the relevant statutes and codes. The questions shall be developed
by the board in consultation with the Department of Administration.
    Subd. 3.[Repealed, Ex1967 c 28 s 9]
    Subd. 4.[Repealed, 1976 c 222 s 209]
    Subd. 5.[Repealed, 2003 c 85 s 5]
    Subd. 6.[Repealed, Ex1967 c 28 s 9]
    Subd. 7. Engineer, land surveyor, geoscientist; in-training. (1) An applicant for
certification as an engineer-in-training who is a graduate with a bachelor of engineering degree
from a school or college having an engineering curriculum accredited by the engineers' council for
professional development or whose education, in the opinion of the board, is equivalent thereto,
shall receive from the board, upon passing an examination in fundamental engineering subjects, a
certificate stating that the applicant has passed such examination and that the applicant's name
has been recorded as an engineer-in-training.
(2) An applicant for certification as a land surveyor-in-training who is a graduate with a
bachelor's degree from a school or college having an accredited engineering or land surveying
curriculum or who has equivalent education, in the opinion of the board, shall receive from the
board, upon passing a written examination in the fundamentals of mathematics and the basic
principles of land surveying, a certificate stating that the applicant has passed such examination
and that the applicant's name has been recorded as a land surveyor-in-training.
(3) An applicant for certification as a geoscientist-in-training who is a graduate with a
baccalaureate degree from a school or college having accreditation defined by the board and
a geoscience or associated science curriculum approved by the board, shall receive from the
board, upon passing the appropriate examination in fundamental geoscience subjects for the
applicant's discipline as approved by the board, a certificate stating that the applicant's name has
been recorded as a geoscientist-in-training with the appropriate geoscientist-in-training legend
as approved by the board.
    Subd. 8. Expiration and renewal. All licenses and certificates, other than in-training
certificates, issued by the board expire at midnight on June 30 of each even-numbered calendar
year if not renewed. A holder of a license or certificate issued by the board may renew it by
completing and filing with the board an application for renewal consisting of a fully completed
form provided by the board and the fee specified in section 326.105. Both the fee and the
application must be submitted at the same time and by June 30 of each even-numbered calendar
year. The form must be signed by the applicant, contain all of the information requested, and
clearly show that the licensee or certificate holder has completed the minimum number of required
professional development hours, has provided a certification under section 326.107, subdivision
5
, to the board, or has been granted an exemption under section 326.107, subdivision 4. An
application for renewal that does not comply with the requirements of this subdivision is an
incomplete application and must not be accepted by the board.
    Subd. 9. Reinstatement of expired license or certificate. A licensee or certificate holder
whose license or certificate has expired may reinstate the expired license or certificate by
satisfying all prior continuing education requirements, by paying all of the renewal fees due for
all prior renewal periods that the license or certificate was expired and the current renewal period,
and paying a delayed renewal fee in the amount set by the board. The continuing education
requirement must be satisfied with professional development hours completed within the four
years immediately prior to reinstatement and may not include any professional development hours
that had previously been used to renew the license or certificate being reinstated.
To reinstate an expired license or certificate, the licensee or certificate holder must file
with the board an application for reinstatement consisting of a fully completed form provided
by the board and the fees specified in this subdivision. The form must be signed, contain all of
the information requested, and clearly show that the licensee or certificate holder either has
completed the minimum number of required professional development hours, has provided a
certification under section 326.107, subdivision 5, to the board, or has been granted an exemption
under section 326.107, subdivision 4. An application for reinstatement that does not comply with
the requirements of this subdivision is an incomplete application and must not be accepted by
the board.
History: (5697-9) 1921 c 523 s 9; 1933 c 404 s 2; 1945 c 380 s 3; 1949 c 86 s 3; 1949 c 507
s 1; 1955 c 433 s 1; 1959 c 336 s 1-5; 1961 c 519 s 1; Ex1967 c 28 s 4-7; 1971 c 22 s 5; 1971 c 25
s 61; 1975 c 329 s 12; 1976 c 222 s 145; 1978 c 483 s 1; 1986 c 444; 1992 c 507 s 14-16; 1995 c
206 s 16-18; 1998 c 324 s 5,6; 2003 c 85 s 1,2; 2004 c 228 art 1 s 58,59
326.105 FEES.
The fee for licensure or renewal of licensure as an architect, professional engineer, land
surveyor, landscape architect, or geoscience professional is $120 per biennium. The fee for
certification as a certified interior designer or for renewal of the certificate is $120 per biennium.
The fee for an architect applying for original certification as a certified interior designer is $50
per biennium. The initial license or certification fee for all professions is $120. The renewal
fee shall be paid biennially on or before June 30 of each even-numbered year. The renewal
fee, when paid by mail, is not timely paid unless it is postmarked on or before June 30 of each
even-numbered year. The application fee is $25 for in-training applicants and $75 for professional
license applicants.
History: 1999 c 213 s 1; 1999 c 223 art 2 s 59; 2000 c 488 art 2 s 20; 2006 c 282 art 11 s 12
326.106 DEFINITIONS.
    Subdivision 1. Scope. The terms used in section 326.107 have the meanings given them
in this section.
    Subd. 2. Biennial renewal. "Biennial renewal" means a period of time consisting of two
consecutive 12-month periods ending on June 30 of each even-numbered year.
    Subd. 3. Dual license or certificate holder. "Dual license or certificate holder" means a
person who is licensed or certified in two professions regulated by the board.
    Subd. 4. Professional development hours. "Professional development hours" means
contact hours consisting of not less than 50 minutes each of instruction or presentation meeting
the requirements of section 326.107.
History: 1999 c 213 s 2
326.107 CONTINUING EDUCATION.
    Subdivision 1. Requirements. (a) Architects, professional engineers, land surveyors,
landscape architects, geoscientists, and interior designers licensed or certified by this board must
obtain the number of professional development hours described in paragraphs (b) to (d) during
each two-year period of licensure or certification identified in section 326.105. This requirement
must be satisfied during the two-year period prior to biennial renewal except for a carryover
permitted from the previous renewal period, which must not exceed 50 percent of the biennial
requirement of professional development hours.
(b) Licensed professional engineers must earn a minimum of 24 professional development
hours per biennial renewal except for the carryover permitted.
(c) Licensed architects, land surveyors, landscape architects, geoscientists, and certified
interior designers must earn a minimum of 24 professional development hours per biennial
renewal except for the carryover permitted.
(d) Dual license or certificate holders who have obtained a license or certificate for two
professions must earn professional development hours required by the license or certificate
requiring the greatest number of professional development hours and must obtain in each
profession a minimum of one-third of the total professional development hours required. The
remaining one-third requirement may be obtained in either profession at the sole discretion
of the licensee or certificate holder.
    Subd. 2. Programs and activities. Continuing education must consist of learning
experiences which enhance and expand the skills, knowledge, and abilities of practicing
professionals to remain current and render competent professional services to the public.
Practitioners may pursue technical, nontechnical, regulatory, ethical, and business practice needs
for a well-rounded education provided the education directly benefits the health, safety, or
welfare of the public. Continuing education activities which satisfy the professional development
requirement include, but are not limited to, the following:
(1) completing or auditing college-sponsored courses;
(2) completing self-study college or non-college-sponsored courses, presented by
correspondence, Internet, television, video, or audio, ending with examination or other verification
processes;
(3) participation in seminars, tutorials, televised or videotaped courses, or short courses;
(4) attending self-sponsored and prepared in-house educational programs;
(5) completing a study tour with a structured program resulting in a written or visual
presentation by the licensee or certificate holder;
(6) presenting or instructing qualifying courses or seminars. Professional development hours
may be earned for preparation time for the initial presentation;
(7) authoring published papers, articles, or books. Professional development hours earned
may equal preparation time spent, may be claimed only following publication, and shall be given
for authorship or presentation, but not for both;
(8) participating in professional examination grading or writing. A maximum of five
professional development hours per biennium may be applied from this source;
(9) providing professional service to the public which draws upon the licensee's or certificate
holder's professional expertise on boards, commissions, and committees such as planning
commissions, building code advisory boards, urban renewal boards, or non-work-related
volunteer service. A maximum of ten professional development hours per biennium may be
applied from this source; and
(10) patents, after they are granted, for a credit of ten professional development hours.
    Subd. 3. Criteria. (a) Continuing education courses and activities must meet the criteria in
paragraphs (b) to (f).
(b) There must be a clear purpose and objective for each activity which will maintain,
improve, or expand skills and knowledge obtained prior to initial licensure or certification or
develop new and relevant skills and knowledge.
(c) The content of each presentation must be well organized and presented in a sequential
manner.
(d) There must be evidence of preplanning which must include the opportunity for input by
the target group to be served.
(e) The presentation must be made by persons who are well qualified by education or
experience.
(f) There must be a provision for documentation of the individual's participation in the
activity, including information required for record keeping and reporting.
    Subd. 4. Exemptions. The following licensees or certificate holders are exempt from the
continuing education requirements:
(1) a new licensee or certificate holder for the individual's first biennial renewal; or
(2) a licensee or certificate holder who has experienced during the biennial renewal a serious
illness, injury, or other extenuating circumstances, or who has been called to active duty in the
military services for a period of time exceeding 120 consecutive days, as reviewed and approved
by the board, and where such activities restrict compliance with the continuing education
requirements, as supported by documentation furnished to the board.
    Subd. 5. Comity. Continuing education requirements may be met without completing the
entire renewal form if an individual is licensed or certified in another state, province, or district
which is listed by the Minnesota board as having continuing education requirements acceptable to
the Minnesota board and the licensee or certificate holder certifies in the appropriate section that
all continuing education and licensing or certification requirements for that state, province, or
district have been met. The licensee or certificate holder must still maintain complete records as
described in subdivision 7.
    Subd. 6.[Repealed, 2003 c 85 s 5]
    Subd. 7. Reports and records. The licensee or certificate holder shall maintain a file in
which records of courses and activities are kept, including dates, subjects, duration of programs,
sponsoring organization, professional development hours earned, registration receipts where
appropriate, and other pertinent documentation, for a period of two years after submission to the
board. This information may be required to be produced by licensees or certificate holders. The
board may require a licensee or certificate holder to produce this information in connection with
verification of a renewal application, a random audit conducted by the board, or upon receipt of a
complaint alleging noncompliance on the part of a licensee or certificate holder.
    Subd. 8. Noncompliance. If the board rejects professional development hours reported
by a licensee or certificate holder in an amount sufficient to reduce the number of nonrejected
professional development hours below the required minimum number, the licensee or certificate
holder must be notified of the board's rejection of the hours. The licensee or certificate holder
has 180 days after notification to substantiate the validity of the rejected hours or to earn other
qualifying hours to meet the minimum requirement. The board's rejection of any professional
development hours submitted during this 180-day cure period does not extend or expand the
cure period. If the board does not reinstate a sufficient number of the rejected professional
development hours to meet the required minimum number of professional development hours,
or the licensee or certificate holder does not complete or substantiate that the individual has
completed other qualifying professional development hours to meet the required minimum
number of professional development hours within the specified period of time, the individual's
licensure or certification shall be suspended. Professional development hours earned within the
180-day cure period and applied to current renewal may not be applied to the requirements
for the following biennial renewal.
    Subd. 9.[Repealed, 2003 c 85 s 5]
History: 1999 c 213 s 3; 2003 c 85 s 3,4
326.11 LICENSE AND CERTIFICATE REGULATION.
    Subdivision 1. Revocation or suspension. The board shall have the power to revoke or
suspend the license or certificate of any architect, engineer, land surveyor, landscape architect,
geoscientist, or certified interior designer, who is found guilty by the board of any fraud or
deceit in obtaining a license or certificate, or of attaching the licensee's or certificate holder's
seal or signature to any plan, specification, report, plat, or other architectural, engineering, land
surveying, landscape architectural, geoscientific, or interior design document not prepared by
the person signing or sealing it or under that person's direct supervision, or of gross negligence,
incompetency, or misconduct in the practice of architecture, engineering, land surveying,
landscape architecture, geoscience, or interior design, or upon conviction of any violation of
sections 326.02 to 326.15 or amendments thereof, or of any crime involving moral turpitude or
upon adjudication of insanity or incompetency.
    Subd. 2.[Repealed, 1976 c 222 s 209]
    Subd. 3.[Repealed, 1976 c 222 s 209]
    Subd. 4.[Repealed, 1976 c 222 s 209]
    Subd. 5. Reissuance. The board may reissue a license to any person whose license has been
suspended or revoked upon application for relicensure.
    Subd. 6. Replacement. A new license to replace any license revoked, lost, destroyed, or
mutilated, may be issued, subject to the rules of the board.
History: (5697-10) 1921 c 523 s 10; 1945 c 380 s 4; 1949 c 86 s 4; Ex1967 c 28 s 8; 1975
c 329 s 13-16; 1976 c 222 s 146-148; 1978 c 514 s 1; 1Sp1981 c 4 art 1 s 32; 1986 c 444;
1992 c 507 s 17; 1995 c 206 s 19
326.111 UNAUTHORIZED PRACTICE; DISCIPLINARY ACTION.
    Subdivision 1. Generally. (a) If the board, or the complaint committee if authorized by the
board, has a reasonable basis to believe that a person has engaged in an act or practice constituting
the unauthorized practice of architecture, engineering, land surveying, landscape architecture,
geoscience, or the unauthorized use of the title certified interior designer, or a violation of a statute,
rule, or order that the board has issued or is empowered to enforce, the board, or the complaint
committee if authorized by the board, may proceed as described in subdivisions 2 and 3.
(b) The board shall establish a complaint committee to investigate, mediate, or initiate
administrative or legal proceedings on behalf of the board with respect to complaints filed with or
information received by the board alleging or indicating the unauthorized practice of architecture,
engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the
title certified interior designer, or a violation of statute, rule, or order that the board has issued
or is empowered to enforce. The complaint committee shall consist of five members of the
board, with no more than one from each of the professions licensed by the board, and no more
than two public members.
(c) Except as otherwise described in this section, all hearings shall be conducted in
accordance with chapter 14.
    Subd. 2. Legal action. (a) When necessary to prevent the unauthorized practice of
architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized
use of the title certified interior designer, or a violation of a statute, rule, or order that the board
has issued or is empowered to enforce, the board, or the complaint committee if authorized by the
board, may bring an action in the name of the state in the district court in Ramsey County or in
any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce
compliance with the statute, rule, or order. Upon a showing that a person has engaged in an act
or practice constituting the unauthorized practice of architecture, engineering, land surveying,
landscape architecture, geoscience, or the unauthorized use of the title certified interior designer,
or a violation of a statute, rule, or order that the board has issued or is empowered to enforce, a
permanent or temporary injunction, restraining order, or other appropriate relief shall be granted.
(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when
the board shows that a person has engaged in an act or practice constituting the unauthorized
practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the
unauthorized use of the title certified interior designer, or a violation of a statute, rule, or order
that the board has issued or is empowered to enforce.
(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person from
criminal prosecution by a competent authority or from disciplinary action by the board with
respect to the person's license, certificate, or application for examination, license, or renewal.
    Subd. 3. Cease and desist orders. (a) The board, or the complaint committee if authorized
by the board, may issue and have served upon a person an order requiring the person to cease
and desist from the unauthorized practice of architecture, engineering, land surveying, landscape
architecture, geoscience, or the unauthorized use of the title certified interior designer, or violation
of the statute, rule, or order. The order shall be calculated to give reasonable notice of the rights of
the person to request a hearing and shall state the reasons for the entry of the order.
(b) Service of the order is effective if the order is served on the person or counsel of record
personally or by certified mail to the most recent address provided to the board for the person
or counsel of record.
(c) Unless otherwise agreed by the board, or the complaint committee if authorized by the
board, and the person requesting the hearing, the hearing shall be held no later than 30 days after
the request for the hearing is received by the board.
(d) The administrative law judge shall issue a report within 30 days of the close of the
contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart 3.
Within 30 days after receiving the report and any exceptions to it, the board shall issue a further
order vacating, modifying, or making permanent the cease and desist orders as the facts require.
(e) If no hearing is requested within 30 days of service of the order, the order becomes final
and remains in effect until it is modified or vacated by the board.
(f) If the person to whom a cease and desist order is issued fails to appear at the hearing
after being duly notified, the person is in default and the proceeding may be determined against
that person upon consideration of the cease and desist order, the allegations of which may be
considered to be true.
    Subd. 4. Actions against applicants and licensees. (a) The board may, by order, deny,
refuse to renew, suspend, temporarily suspend, or revoke the application, license, or certification
of a person; censure or reprimand that person; condition or limit the person's practice; refuse to
permit a person to sit for examination; or refuse to release the person's examination grades if the
board finds that the order is in the public interest and the applicant, licensee, or certificate holder:
(1) has violated a statute, rule, or order that the board has issued or is empowered to enforce;
(2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether
or not the conduct or acts relate to the practice of architecture, engineering, land surveying,
landscape architecture, geoscience, or certified interior design, providing that the fraudulent,
deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to engage
in the practice of architecture, engineering, land surveying, landscape architecture, geoscience,
or certified interior design;
(3) has engaged in conduct or acts that are negligent or otherwise in violation of the standards
established by Minnesota Rules, chapters 1800 and 1805, where the conduct or acts relate to the
practice of architecture, engineering, land surveying, landscape architecture, geoscience, or use of
the title certified interior designer;
(4) has been convicted of or has pled guilty or nolo contendere to a felony, an element of
which is dishonesty or fraud, whether or not the person admits guilt, or has been shown to have
engaged in acts or practices tending to show that the applicant or licensee is incompetent or has
engaged in conduct reflecting adversely on the person's ability or fitness to engage in the practice
of architecture, engineering, land surveying, landscape architecture, geoscience, or use of the title
certified interior designer;
(5) employed fraud or deception in obtaining a certificate, license, renewal, or reinstatement
or in passing all or a portion of the examination;
(6) has had the person's architecture, engineering, land surveying, landscape architecture,
geoscience, or interior design license, certificate, right to examine, or other similar authority
revoked, suspended, canceled, limited, or not renewed for cause in any state, commonwealth, or
territory of the United States, in the District of Columbia, or in any foreign country;
(7) has had the person's right to practice before any federal, state, or other government
agency revoked, suspended, canceled, limited, or not renewed;
(8) failed to meet any requirement for the issuance or renewal of the person's license or
certificate;
(9) has attached the person's seal or signature to a plan, specification, report, plat, or other
architectural, engineering, land surveying, landscape architectural, geoscientific, or interior
design document not prepared by the person sealing or signing it or under that person's direct
supervision; or
(10) with respect to temporary suspension orders, has committed an act, engaged in conduct,
or committed practices that may, or has in the opinion of the board, or the complaint committee if
authorized by the board, resulted in an immediate threat to the public.
(b) In lieu of or in addition to any remedy provided in paragraph (a), the board may require,
as a condition of continued licensure, possession of certificate, termination of suspension,
reinstatement of license or certificate, examination, or release of examination grades, that the
person:
(1) submit to a quality review of the person's ability, skills, or quality of work, conducted in
such fashion and by such persons, entity, or entities as the board may require including, but not
limited to, remedial education courses; and
(2) complete to the satisfaction of the board such continuing professional education courses
as the board may specify by rule.
(c) Service of the order is effective if the order is served on the licensee, certificate holder,
applicant, person, or counsel of record personally or by certified mail, to the most recent address
provided to the board for the licensee, certificate holder, applicant, person, or counsel of record.
The order shall state the reasons for the entry of the order.
(d) All hearings required by this section shall be conducted in accordance with chapter 14,
except with respect to temporary suspension orders, as provided for in subdivision 5, paragraph
(d).
    Subd. 5. Procedure for temporary suspension of license or certificate. (a) When the board,
or the complaint committee if authorized by the board, issues a temporary suspension order,
the suspension is in effect upon service of a written order on the licensee or counsel of record,
specifying the statute, rule, or order violated. The order remains in effect until the board issues a
final order in the matter after a hearing or upon agreement between the board and the licensee.
(b) Service of the order is effective if the order is served on the licensee or counsel of record
personally or by certified mail, to the most recent address provided to the board for the licensee
or counsel of record.
(c) The order shall set forth the rights to a hearing contained in this subdivision and shall
state the reasons for the entry of the order.
(d) Within ten days after service of the order, the licensee may request a hearing in writing.
The board shall hold a hearing before its own members within five working days of receipt of a
request for hearing on the sole issue of whether there is a reasonable basis to continue, modify, or
lift the temporary suspension. This hearing is not subject to chapter 14. Evidence presented by
the board or the licensee shall be in affidavit form only. The licensee or counsel of record may
appear for oral argument.
(e) Within five working days after the hearing, the board shall issue its order and, if the
suspension is continued, schedule a contested case hearing within 30 days after issuance of
the order. The administrative law judge shall issue a report within 30 days after closing of
the contested case hearing record, notwithstanding the provisions of Minnesota Rules, part
1400.8100, subpart 3. The board shall issue a final order within 30 days after receipt of that
report and any exceptions to it.
    Subd. 6. Violations; penalties; costs of proceeding. (a) The board may impose a civil
penalty not to exceed $10,000 per violation upon a person who commits an act or practice
constituting the unauthorized practice of architecture, engineering, land surveying, landscape
architecture, geoscience, or the unauthorized use of the title certified interior designer, or violates
a statute, rule, or order that the board has issued or is empowered to enforce.
(b) The board may, in addition, impose a fee to reimburse the board for all or part of the
cost of the proceedings resulting in disciplinary action authorized by this section, the imposition
of civil penalties, or the issuance of a cease and desist order. The fee may be imposed when
the board shows that the position of the person who commits an act or practice constituting
the unauthorized practice of architecture, engineering, land surveying, landscape architecture,
geoscience, or the unauthorized use of the title certified interior designer, or violates a statute,
rule, or order that the board has issued or is empowered to enforce is not substantially justified,
unless special circumstances make an award unjust, notwithstanding the provisions of Minnesota
Rules, part 1400.8401. The costs include, but are not limited to, the amount paid by the board
for services from the office of administrative hearings, attorney fees, court reporters, witnesses,
reproduction of records, board members' per diem compensation, board staff time, and expense
incurred by board members and staff.
    Subd. 7. Reinstatement. The board may reinstate a suspended, revoked, or surrendered
certificate or license upon petition of the former or suspended certificate holder or licensee. The
board may, in its sole discretion, place any other conditions, including reexamination in whole
or in part, upon reinstatement of a suspended, revoked, or surrendered certificate or license that
it finds appropriate and necessary to ensure that the purposes of sections 326.02 to 326.15 are
met. No suspended certificate or license shall be reinstated until the former certificate holder or
licensee has completed one-half of the suspension.
History: 1993 c 358 s 1; 1994 c 465 art 1 s 39; 1995 c 206 s 20-24; 1999 c 213 s 4
326.12 LICENSE OR CERTIFICATE AS EVIDENCE; SEAL.
    Subdivision 1. Judicial proof. The issuance of a license or certificate by the board shall be
evidence that the person named therein is entitled to all the rights and privileges of a licensed
architect, licensed engineer, licensed land surveyor, licensed landscape architect, licensed
geoscientist, or certified interior designer while the license or certificate remains unrevoked or
has not expired or has not been suspended.
    Subd. 2. Seal. Each licensee or certificate holder may, upon licensure or certification, obtain
a seal of a design approved by the board, bearing the licensee's or certificate holder's name and the
legend "licensed architect," "licensed professional engineer," "licensed land surveyor," "licensed
landscape architect," the appropriate licensed professional geoscientist legend as defined by the
board, or "certified interior designer." Plans, specifications, plats, reports, and other documents
prepared by a licensee or certificate holder may be stamped with the seal during the life of the
license or certificate. A rubber stamp facsimile thereof may be used in lieu of the seal on tracings
from which prints are to be made or on papers which would be damaged by the regular seal. It
shall be unlawful for any one to stamp or seal any document with the stamp or seal after the
license or certificate has expired, been revoked or suspended, unless said license or certificate
shall have been renewed or reissued.
    Subd. 3. Certified signature. Each plan, drawing, specification, plat, report, or other
document which under sections 326.02 to 326.15 is prepared by a licensed architect, licensed
engineer, licensed land surveyor, licensed landscape architect, licensed geoscientist, or certified
interior designer must bear the signature of the licensed or certified person preparing it, or the
signature of the licensed or certified person under whose direct supervision it was prepared. Each
signature shall be accompanied by a certification that the signer is licensed or certified under
sections 326.02 to 326.15, by the person's license or certificate number, and by the date on which
the signature was affixed. The provisions of this paragraph shall not apply to any plans, drawings,
specifications, plats, reports, or other documents of an intraoffice or intracompany nature or that
are considered to be drafts or of a preliminary, schematic, or design development nature by
licensed or certified individuals who would normally be responsible for their preparation. The
required signature and certification must appear on all pages of plans and drawings that must be
signed, but only on the first page of specifications, plats, reports, or other documents that must
be signed. A stamp, printed signature, or electronically created signature has the same force
and effect as an actual signature if it creates an accurate depiction of the licensed or certified
professional's actual signature.
History: (5697-11) 1921 c 523 s 11; 1945 c 380 s 5; 1971 c 22 s 6; 1975 c 329 s 17; 1976
c 222 s 149; 1Sp1981 c 4 art 1 s 33; 1992 c 507 s 18; 1994 c 632 art 3 s 55; 1995 c 206 s 25;
1995 c 265 art 2 s 28; 2002 c 245 s 1; 2004 c 228 art 1 s 60
326.13 PRACTICE EXEMPT.
Practice of architecture, engineering, landscape architecture, land surveying, or geoscience,
or use of the title certified interior designer in this state prior to licensure or certification by the
board shall be permitted under the following conditions and limitations:
(1) By any person or firm not a resident of and having no established place of business in this
state, or any person or firm resident in this state, but whose arrival in the state is recent; provided,
however, such person or a person connected with such firm:
(i) is registered or licensed and qualified to practice such profession in a state or country to
which the board grants licensure or certification by comity in accordance with the provisions of
section 326.10, subdivision 1, clause (2); and
(ii) shall have filed an application for licensure as an architect, an engineer, a geoscientist, or
a certified interior designer shall have paid the fee provided for in section 326.10, and shall have
been notified by the board that the applicant meets the requirements for licensure or certification
in this state and is entitled to receive a license or certificate, and has applied for and been granted
a temporary permit to practice. Temporary permits shall be granted to do a specific job for the
period stipulated on the permit.
(2) By a nonresident applicant who seeks to provide architecture, engineering, land
surveying, landscape architecture, geoscience, or certified interior design services in this state if
the applicant offers to practice only for the purpose of seeking to provide services, without having
first been registered or certified by the state, if the applicant:
(i) is registered and qualified to practice such profession in a state or country to which the
board grants registration or licensure by comity in accordance with section 326.10, subdivision 1,
clause (2);
(ii) notified the board in writing that the applicant is not currently registered in this state, but
will be present in this state for the purpose of seeking to provide services;
(iii) delivers a copy of the notice referred to in clause (ii) to every potential client for whom
the applicant is seeking to provide services; and
(iv) applies within ten days to the board for licensure or certification if selected as the design
professional for a project in this state; the applicant is prohibited from actually rendering services
as defined within the terms of sections 326.02 to 326.15 until the applicant is licensed or certified,
or obtains a temporary permit as described in clause (1).
(3) Practice as an architect, an engineer, a land surveyor, a landscape architect, or a
geoscientist, or use of the title certified interior designer solely as an officer or employee of the
United States.
(4) Practice as a geoscientist by a person who would be qualified under sections 326.02 to
326.15 by virtue of experience and education while (i) engaged in exploration, development,
extraction, and reclamation of minerals and mineral deposits or energy resources including sand,
gravel, peat, industrial minerals, metallic minerals, iron ore, coal, oil, and gas and other mineral
fuels; (ii) an employee of a corporation or agency engaged in such exploration, development,
extraction, and reclamation of minerals and mineral deposits; (iii) acting in accordance with the
provisions of section 82B.035, subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 2;
or (iv) engaged in academic geoscience research.
History: (5697-13) 1921 c 523 s 13; 1933 c 404 s 4; 1971 c 22 s 7; 1975 c 329 s 18; 1976 c
222 s 150; 1Sp1981 c 4 art 1 s 34; 1986 c 444; 1992 c 507 s 19; 1995 c 206 s 26; 1998 c 324
s 7; 2004 c 228 art 1 s 61
326.14 CORPORATIONS AND PARTNERSHIPS AUTHORIZED.
A corporation, partnership or other firm may engage in work of an architectural or
engineering character, in land surveying, in landscape architecture, or in geoscience, or use the
title of certified interior designer in this state, provided the person or persons connected with such
corporation, partnership or other firm in responsible charge of such work is or are licensed or
certified as herein required for the practice of architecture, engineering, land surveying, landscape
architecture, and geoscience, and use of the title of certified interior designer.
History: (5697-14) 1921 c 523 s 14; 1933 c 404 s 5; 1945 c 380 s 6; 1975 c 329 s 19; 1976 c
222 s 151; 1992 c 507 s 20; 1995 c 206 s 27
326.15 FALSE IMPERSONATION.
It shall be unlawful for any person to present or attempt to use as the person's own the seal or
certificate of another, or to give false or forged evidence of any kind to the board, or any member
thereof, or to falsely impersonate any licensee or certificate holder of like or different name, or to
use or attempt to use as the person's own the license of another issued by any authority outside of
this state, or to use or attempt to use an expired or revoked or suspended license.
History: (5697-15) 1921 c 523 s 15; 1945 c 380 s 7; 1976 c 222 s 152; 1986 c 444; 2004 c
228 art 1 s 62
326.16 [Repealed, 1976 c 222 s 209]
326.165    Subdivision 1.[Repealed, 2001 c 109 art 1 s 18]
    Subd. 1a.[Renumbered 326.1655, subdivision 1]
    Subd. 2.[Renumbered 326.1655, subd 7]
    Subd. 3.[Renumbered 326.1655, subd 2]
    Subd. 4.[Renumbered 326.1655, subd 3]
    Subd. 5.[Renumbered 326.1655, subd 4]
    Subd. 6.[Renumbered 326.1655, subd 5]
    Subd. 7.[Renumbered 326.1655, subd 6]
326.1655 [Repealed, 2001 c 109 art 1 s 18]
326.17 [Repealed, 2001 c 109 art 1 s 18]
326.18 [Repealed, 2001 c 109 art 1 s 18]
326.19 [Repealed, 2001 c 109 art 1 s 18]
326.191 [Repealed, 1998 c 340 s 21]
326.192 [Repealed, 2001 c 109 art 1 s 18]
326.197 [Repealed, 2001 c 109 art 1 s 18]
326.20    Subdivision 1.[Repealed, 2001 c 109 art 1 s 18]
    Subd. 2.[Repealed by amendment, 1998 c 340 s 6]
    Subd. 3.[Repealed, 2001 c 109 art 1 s 18]
    Subd. 4.[Repealed by amendment, 1998 c 340 s 6]
326.201 [Repealed, 2001 c 109 art 1 s 18]
326.21 [Repealed, 1998 c 340 s 21]
326.211 [Repealed, 2001 c 109 art 1 s 18]
326.212 [Repealed, 2001 c 109 art 1 s 18]
326.22 [Repealed, 2001 c 109 art 1 s 18]
326.223 [Repealed, 2001 c 109 art 1 s 18]
326.224 [Repealed, 2001 c 109 art 1 s 18]
326.225 [Repealed, 1998 c 340 s 21]
326.228 [Repealed, 2001 c 109 art 1 s 18]
326.229 [Repealed, 2001 c 109 art 1 s 18]
326.23 [Repealed, 1992 c 542 s 5]
326.231 [Repealed, 1992 c 542 s 5]

MINNESOTA ELECTRICAL ACT

326.24 [Repealed, 1967 c 602 s 17]
326.2411 BOARD OF ELECTRICITY.
    Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12 members.
Eleven members shall be appointed by the governor with the advice and consent of the senate and
shall be voting members. Appointments of members by the governor shall be made in accordance
with section 15.066. If the senate votes to refuse to consent to an appointment of a member made
by the governor, the governor shall appoint a new member with the advice and consent of the
senate. One member shall be the commissioner of labor and industry or the commissioner's
designee, who shall be a voting member. Of the 11 appointed members, the composition shall
be as follows:
    (1) one member shall be an electrical inspector;
    (2) two members shall be representatives of the electrical suppliers in rural areas;
    (3) two members shall be master electricians, who shall be contractors;
    (4) two members shall be journeyman electricians;
    (5) one member shall be a registered consulting electrical engineer;
    (6) two members shall be power limited technicians, who shall be technology system
contractors primarily engaged in the business of installing technology circuits or systems; and
    (7) one member shall be a public member as defined by section 214.02.
    The electrical inspector shall be appointed to a term to end December 31, 2011. One of the
rural electrical suppliers shall be appointed for a term to end December 31, 2011, and one rural
electrical supplier shall serve for a term to end December 31, 2010. The consulting electrical
engineer shall be appointed for a term to end December 31, 2011. One of the master electrician
contractors shall be appointed for a term to end December 31, 2011, and one master electrician
contractor shall be appointed for a term to end December 31, 2010. One of the journeyman
electricians shall be appointed for a term to end December 31, 2011, and one journeyman
electrician shall be appointed for a term to end December 31, 2010. One of the power limited
technicians shall be appointed for a term to end December 31, 2011, and one power limited
technician shall be appointed for a term to end December 31, 2010. The public member shall be
appointed for a term to end December 31, 2010.
    (b) The consulting electrical engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of the term served on the board. All
other appointed members, except the public member and the representatives of electrical suppliers
in rural areas, must possess a current electrical license issued by the Department of Labor and
Industry and maintain that license for the duration of their terms. All appointed members must
be residents of Minnesota at the time of and throughout their terms. The term of any appointed
member who does not maintain membership qualification status shall end on the date of status
change and the governor shall appoint a replacement member. It is the responsibility of the
member to notify the board of a change in the member's status.
    (c) For appointed members, except the initial terms designated in paragraph (a), each term
shall be three years with the terms ending on the first Monday in January. Members appointed
by the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and consent of
the senate. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
occurring with less than six months time remaining in the term shall be filled for the existing term
and the following three-year term. Members may serve until their successors are appointed but in
no case later than July 1 in a year in which the term expires unless reappointed.
    Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
    (1) elect its chair, vice-chair, and secretary;
    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, and
contain such other provisions as may be useful and necessary for the efficient conduct of the
business of the board;
    (3) the Minnesota Electrical Code shall be the most current edition of the National Electrical
Code upon its adoption by the board and any amendments thereto as adopted by the board. The
board shall adopt the most current edition of the National Electrical Code and any amendments
thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b) and (c);
    (4) review requests for final interpretations and issue final interpretations as provided in
section 16B.63, subdivision 5;
    (5) adopt rules that regulate the licensure or registration of electrical businesses, electrical
contractors, master electricians, journeyman electricians, class A installer, class B installer, power
limited technicians, and other persons who perform electrical work. The board shall adopt these
rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (d) and (e);
    (6) adopt rules that regulate continuing education for individuals licensed or registered as
electrical businesses, electrical contractors, master electricians, journeyman electricians, class A
installer, class B installer, power limited technicians, and other persons who perform electrical
work. The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision 6,
paragraph (e);
    (7) advise the commissioner regarding educational requirements for electrical inspectors;
    (8) refer complaints or other communications, whether orally or in writing, that allege or
imply a violation of a statute, rule, or order that the commissioner has the authority to enforce
pertaining to code compliance, licensure, or an offering to perform or performance of unlicensed
electrical services to the commissioner under subdivision 8;
    (9) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
    (10) approve license reciprocity agreements;
    (11) select from its members individuals to serve on any other state advisory council,
board, or committee; and
    (12) recommend the fees for licenses and certifications.
    Except for the powers granted to the Board of Electricity, the commissioner of labor and
industry shall administer and enforce the provisions of sections 326.241 to 326.248 and any
rules promulgated pursuant thereto.
    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
    (c) The commissioner shall coordinate the board's rulemaking and recommendations with the
recommendations and rulemaking conducted by the other boards. The commissioner shall provide
staff support to the board. The support includes professional, legal, technical, and clerical staff
necessary to perform rulemaking and other duties assigned to the board. The commissioner of
labor and industry shall supply necessary office space and supplies to assist the board in its duties.
    Subd. 3. Compensation. (a) Members of the board may be compensated at the rate of $55
per day spent on board activities, when authorized by the board, plus expenses, in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2
. Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
    (b) Members who are state employees or employees of political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
    (c) The board shall adopt internal standards prescribing what constitutes a day spent on board
activities for purposes of making daily payments under this subdivision.
    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be removed
by the governor at any time (1) for cause, after notice and hearing, or (2) after missing three
consecutive meetings. The chair of the board shall inform the governor of an appointed member
missing three consecutive meetings. After the second consecutive missed meeting and before the
next meeting, the secretary of the board shall notify the appointed member in writing that the
member may be removed for missing the next meeting. In the case of a vacancy on the board, the
governor shall, with the advice and consent of the senate, appoint a person to fill the vacancy for
the remainder of the unexpired term.
    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
    Subd. 5. Membership vacancies within three months of appointment. Notwithstanding
any law to the contrary, when a seat on the board becomes vacant within three months after
being filled through the appointment process, the governor may, upon notification to the Office
of the Secretary of State, choose a new member from the applications on hand and need not
repeat the process.
    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its members a
chair, vice-chair, and secretary. A quorum of the board shall consist of a majority of members
of the board qualified to vote on the matter in question. All questions concerning the manner in
which a meeting is conducted or called that are not covered by statute shall be determined by
Robert's Rules of Order (revised) unless otherwise specified by the bylaws.
    (b) Except as provided in paragraph (c), each Electrical Code amendment considered by the
board that receives an affirmative two-thirds or more majority vote of all of the voting members
of the board shall be included in the next Electrical Code rulemaking proceeding initiated by the
board. If an Electrical Code amendment considered, or reconsidered, by the board receives less
than a two-thirds majority vote of all of the voting members of the board, the Electrical Code
amendment shall not be included in the next Electrical Code rulemaking proceeding initiated by
the board.
    (c) The board may reconsider Electrical Code amendments during an active Electrical Code
rulemaking proceeding in which the amendment previously failed to receive a two-thirds or more
majority vote of all of the voting members of the board only if new or updated information that
affects the Electrical Code amendment is presented to the board. The board may also reconsider
failed Electrical Code amendments in subsequent Electrical Code rulemaking proceedings.
    (d) Except as provided in paragraph (e), each proposed rule and rule amendment considered
by the board pursuant to the rulemaking authority specified in subdivision 2, paragraph (a),
clauses (5) and (6), that receives an affirmative majority vote of the all the voting members of the
board shall be included in the next rulemaking proceeding initiated by the board. If a proposed
rule or rule amendment considered, or reconsidered, by the board receives less than an affirmative
majority vote of all of the voting members of the board, the proposed rule or rule amendment
shall not be included in the next rulemaking proceeding initiated by the board.
    (e) The board may reconsider a proposed rule or rule amendment during an active rulemaking
proceeding in which the amendment previously failed to receive an affirmative majority vote
of all of the voting members of the board only if new or updated information that affects the
proposed rule or rule amendment is presented to the board. The board may also reconsider a failed
proposed rule or rule amendment in subsequent rulemaking proceedings.
    Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the board
shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D and in such a
manner as the bylaws may provide.
    (b) If compliance with section 13D.02 is impractical, the board may conduct a meeting of its
members by telephone or other electronic means so long as the following conditions are met:
    (1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
    (2) members of the public present at the regular meeting location of the board can hear
clearly all discussion and testimony and all votes of members of the board and, if needed, receive
those services required by sections 15.44 and 15.441;
    (3) at least one member of the board is physically present at the regular meeting location; and
    (4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
    Each member of the board participating in a meeting by telephone or other electronic means
is considered present at the meeting for purposes of determining a quorum and participating in
all proceedings.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board, to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The board may require the person making such a connection
to pay for documented costs that the board incurs as a result of the additional connection.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and that a person may monitor
the meeting electronically from a remote location. The timing and method of providing notice is
governed by section 13D.04.
    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner the
substance of any complaint or communication it receives, whether in writing or orally, that alleges
or implies a violation of a statute, rule, or order that the commissioner has the authority to enforce
pertaining to the license or registration of any person authorized by the department to provide
electrical services, the performance or offering to perform electrical services requiring licensure
by an unlicensed person, or Electrical Code compliance. Each complaint or communication that is
forwarded to the commissioner shall be submitted on a form provided by the commissioner.
    (b) The commissioner shall advise the board of the status of a complaint within 90 days
after the board's written submission is received, or within 90 days after the board is provided
with a written request for additional information or documentation from the commissioner or
the commissioner's designee, whichever is later. The commissioner shall advise the board of
the disposition of a complaint referred by the board within 180 days after the board's written
submission is received. The commissioner shall annually report to the board a summary of the
actions taken in response to complaints referred by the board.
    Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota Government
Data Practices Act, and shall protect from unlawful disclosure data classified as not public.
    Subd. 10. Official records. The board shall make and preserve all records necessary to a full
and accurate knowledge of its official activities in accordance with section 15.17.
History: 2007 c 135 art 6 s 2
326.2415 BOARD OF ELECTRICITY.
    Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12 members.
Eleven members shall be appointed by the governor with the advice and consent of the senate and
shall be voting members. Appointments of members by the governor shall be made in accordance
with section 15.066. If the senate votes to refuse to consent to an appointment of a member made
by the governor, the governor shall appoint a new member with the advice and consent of the
senate. One member shall be the commissioner of labor and industry or the commissioner's
designee, who shall be a voting member. Of the 11 appointed members, the composition shall
be as follows:
    (1) one member shall be an electrical inspector;
    (2) two members shall be representatives of the electrical suppliers in rural areas;
    (3) two members shall be master electricians, who shall be contractors;
    (4) two members shall be journeyman electricians;
    (5) one member shall be a registered consulting electrical engineer;
    (6) two members shall be power limited technicians, who shall be technology system
contractors primarily engaged in the business of installing technology circuits or systems; and
    (7) one member shall be a public member as defined by section 214.02.
    The electrical inspector shall be appointed to a term to end December 31, 2011. One of the
rural electrical suppliers shall be appointed for a term to end December 31, 2011. The other
rural electrical supplier shall be appointed for a term to end December 31, 2010. The consulting
electrical engineer shall be appointed for a term to end December 31, 2011. One of the master
electrician contractors shall be appointed for a term to end December 31, 2011. The other master
electrician contractor shall be appointed for a term to end December 31, 2010. One of the
journeyman electricians shall be appointed for a term to end December 31, 2011. The other
journeyman electrician shall be appointed for a term to end December 31, 2010. One of the power
limited technicians shall be appointed for a term to end December 31, 2011. The other power
limited technician shall be appointed for a term to end December 31, 2010. The public member
shall be appointed for a term to end December 31, 2010.
    (b) The consulting electrical engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of the term on the board. All other
appointed members, except for the public member and the representatives of electrical suppliers
in rural areas, must possess a current electrical license issued by the Department of Labor and
Industry and maintain that license for the duration of their terms. All appointed members must be
residents of Minnesota at the time of and throughout the member's appointment. The term of any
appointed member that does not maintain membership qualification status shall end on the date
of the status change and the governor shall appoint a new member. It is the responsibility of the
member to notify the board of their status change.
    (c) For appointed members, except the initial terms designated in paragraph (a), each term
shall be three years with the terms ending on December 31. Members appointed by the governor
shall be limited to three consecutive terms. The governor shall, all or in part, reappoint the current
members or appoint replacement members with the advice and consent of the senate. Midterm
vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than
six months time remaining in the term shall be filled for the existing term and the following
three-year term. Members may serve until their successors are appointed but in no case later than
July 1 in a year in which the term expires unless reappointed.
    Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
    (1) elect its chair, vice-chair, and secretary;
    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, and
containing such other provisions as may be useful and necessary for the efficient conduct of
the business of the board;
    (3) the Minnesota Electrical Code shall be the most current edition of the National Electrical
Code upon its adoption by the board and any amendments thereto as adopted by the board. The
board shall adopt the most current edition of the National Electrical Code and any amendments
thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b) and (c);
    (4) review requests for final interpretations and issue final interpretations as provided in
section 16B.63, subdivision 5;
    (5) adopt rules that regulate the licensure or registration of electrical businesses, electrical
contractors, master electricians, journeyman electricians, Class A installer, Class B installer,
power limited technicians, and other persons who perform electrical work except for those
individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt these rules
pursuant to chapter 14 and as provided in subdivision 6, paragraphs (d) and (e);
    (6) adopt rules that regulate continuing education for individuals licensed or registered as
electrical businesses, electrical contractors, master electricians, journeyman electricians, Class A
installer, Class B installer, power limited technicians, and other persons who perform electrical
work. The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision 6,
paragraph (e);
    (7) advise the commissioner regarding educational requirements for electrical inspectors;
    (8) refer complaints or other communications to the commissioner, whether oral or in
writing, as provided in subdivision 8 that alleges or implies a violation of a statute, rule, or order
that the commissioner has the authority to enforce pertaining to code compliance, licensure,
registration, or an offering to perform or performance of unlicensed electrical services;
    (9) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
    (10) approve license reciprocity agreements;
    (11) select from its members individuals to serve on any other state advisory council,
board, or committee; and
    (12) recommend the fees for licenses and certifications.
    Except for the powers granted to the Plumbing Board, Board of Electricity, and the Board
of High Pressure Piping Systems, the commissioner of labor and industry shall administer and
enforce the provisions of this chapter and any rules promulgated pursuant thereto.
    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
    (c) The commissioner shall coordinate the board's rulemaking and recommendations with
the recommendations and rulemaking conducted by all of the other boards created pursuant to
chapter 326B. The commissioner shall provide staff support to the board. The support includes
professional, legal, technical, and clerical staff necessary to perform rulemaking and other duties
assigned to the board. The commissioner of labor and industry shall supply necessary office space
and supplies to assist the board in its duties.
    Subd. 3. Compensation. (a) Members of the board may be compensated at the rate of
$55 a day spent on board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2
. Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
    (b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
    (c) The board shall adopt internal standards prescribing what constitutes a day spent on board
activities for purposes of making daily payments under this subdivision.
    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be removed
by the governor at any time (1) for cause, after notice and hearing, or (2) after missing three
consecutive meetings. The chair of the board shall inform the governor of an appointed member
missing the three consecutive meetings. After the second consecutive missed meeting and before
the next meeting, the secretary of the board shall notify the appointed member in writing that the
member may be removed for missing the next meeting. In the case of a vacancy on the board, the
governor shall, with the advice and consent of the Senate, appoint a person to fill the vacancy for
the remainder of the unexpired term.
    (b) Vacancies shall be filled pursuant to section 15.097, subdivisions 5 and 6.
    Subd. 5. Membership vacancies within three months of appointment. Notwithstanding
any law to the contrary, when a membership on the board becomes vacant within three months
after being filled through the appointments process, the governor may, upon notification to the
Office of Secretary of State, choose a new member from the applications on hand and need
not repeat the process.
    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its members a
chair, vice-chair, and secretary. A quorum of the board shall consist of a majority of members
of the board qualified to vote on the matter in question. All questions concerning the manner in
which a meeting is conducted or called that is not covered by statute shall be determined by
Robert's Rules of Order (revised) unless otherwise specified by the bylaws.
    (b) Each electrical code amendment considered by the board that receives an affirmative
two-thirds or more majority vote of all of the voting members of the board shall be included in the
next electrical code rulemaking proceeding initiated by the board. If an electrical code amendment
considered, or reconsidered, by the board receives less than a two-thirds majority vote of all of the
voting members of the board, the electrical code amendment shall not be included in the next
electrical code rulemaking proceeding initiated by the board.
    (c) The board may reconsider electrical code amendments during an active electrical code
rulemaking proceeding in which the amendment previously failed to receive a two-thirds majority
vote or more of all of the voting members of the board only if new or updated information that
affects the electrical code amendment is presented to the board. The board may also reconsider
failed electrical code amendments in subsequent electrical code rulemaking proceedings.
    (d) Each proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that receives
an affirmative majority vote of all of the voting members of the board shall be included in the next
rulemaking proceeding initiated by the board. If a proposed rule or rule amendment considered,
or reconsidered, by the board receives less than an affirmative majority vote of all of the voting
members of the board, the proposed rule or rule amendment shall not be included in the next
rulemaking proceeding initiated by the board.
    (e) The board may reconsider proposed rule or rule amendment during an active rulemaking
proceeding in which the amendment previously failed to receive an affirmative majority vote
of all of the voting members of the board only if new or updated information that affects the
proposed rule or rule amendment is presented to the board. The board may also reconsider failed
proposed rule or rule amendment in subsequent rulemaking proceedings.
    Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the board shall
specify. Notice and conduct of all meetings shall be pursuant to chapter 13D and in a manner
as the bylaws may provide.
    (b) If compliance with section 13D.02 is impractical, the board may conduct a meeting of its
members by telephone or other electronic means so long as the following conditions are met:
    (1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
    (2) members of the public present at the regular meeting location of the board can hear
clearly all discussion and testimony and all votes of members of the board and, if needed, receive
those services required by sections 15.44 and 15.441;
    (3) at least one member of the board is physically present at the regular meeting location; and
    (4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
    Each member of the board participating in a meeting by telephone or other electronic means
is considered present at the meeting for purposes of determining a quorum and participating in
all proceedings.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board, to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The board may require the person making such a connection
to pay for documented costs that the board incurs as a result of the additional connection.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and that a person may
monitor the meeting electronically from a remote location. Any person monitoring the meeting
electronically from a remote location may be required to pay documented costs incurred by the
board as a result of the additional connection. The timing and method of providing notice is
governed by section 13D.04.
    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner the
substance of any complaint or communication it receives, whether in writing or oral, that alleges
or implies a violation of a statute, rule, or order that the commissioner has the authority to enforce
pertaining to the license or registration of any person authorized by the department to provide
electrical work, the performance or offering to perform electrical work requiring licensure or
registration, or electrical code compliance. Each complaint or communication that is forwarded to
the commissioner shall be submitted on a form provided by the commissioner.
    (b) The commissioner shall advise the board of the status of the complaint within 90 days
after the board's written submission is received, or within 90 days after the board is provided
with a written request for additional information or documentation from the commissioner or
the commissioner's designee, whichever is later. The commissioner shall advise the board of
the disposition of a complaint referred by the board within 180 days after the board's written
submission is received. The commissioner shall annually report to the board a summary of the
actions taken in response to complaints referred by the board.
    Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota Government
Data Practices Act, and shall protect from unlawful disclosure data classified as not public.
    Subd. 10. Official records. The board shall make and preserve all records necessary to a full
and accurate knowledge of its official activities in accordance with section 15.17.
History: 2007 c 140 art 5 s 19
326.242 LICENSES.
    Subdivision 1. Master electrician. Except as otherwise provided by law, no individual shall
perform or supervise electrical work unless the individual is: (a) licensed by the commissioner as
a master electrician; and (b)(i) the electrical work is for a licensed contractor and the individual
is an employee, partner, or officer of, or is the licensed contractor, or (ii) the electrical work is
performed for the individual's employer on electrical wiring, apparatus, equipment, or facilities
that are owned or leased by the employer and that are located within the limits of property
operated, maintained, and either owned or leased by the employer.
    (1) An applicant for a Class A master electrician license shall (a) be a graduate of a four-year
electrical course offered by an accredited college or university; or (b) shall have had at least one
year of experience, acceptable to the commissioner, as a licensed journeyman; or (c) shall have
had at least five years' experience, acceptable to the commissioner, in planning for, laying out,
supervising and installing wiring, apparatus, or equipment for electrical light, heat and power.
    (2) As of August 1, 1985, no new Class B master electrician licenses shall be issued. An
individual who has a Class B master electrician license as of August 1, 1985, may retain and
renew the license and exercise the privileges it grants, which include electrical work limited to
single phase systems, not over 200 amperes in capacity, on farmsteads or single-family dwellings
located in towns or municipalities with fewer than 2,500 inhabitants.
    Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law, no individual
shall perform and supervise any electrical work except for planning or laying out of electrical
work unless:
    (1) the individual is licensed by the commissioner as a journeyman electrician; and
    (2) the electrical work is:
    (i) for a contractor and the individual is an employee, partner, or officer of the licensed
contractor; or
    (ii) performed under the supervision of a master electrician also employed by the individual's
employer on electrical wiring, apparatus, equipment, or facilities that are owned or leased by the
employer and that are located within the limits of property operated, maintained, and either
owned or leased by the employer.
    (b) An applicant for a Class A journeyman electrician license shall have had at least four
years of experience, acceptable to the commissioner, in wiring for, installing, and repairing
electrical wiring, apparatus, or equipment, provided however, that the commissioner may by rule
allow one year of experience credit for the successful completion of a two-year post high school
electrical course approved by the commissioner.
    (c) As of August 1, 1985, no new Class B journeyman electrician licenses shall be issued. An
individual who holds a Class B journeyman electrician license as of August 1, 1985, may retain
and renew the license and exercise the privileges it grants, which include electrical work limited
to single phase systems, not over 200 amperes in capacity, on farmsteads or on single-family
dwellings located in towns or municipalities with fewer than 2,500 inhabitants.
    Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and 6, any
individual holding a Class A installer license may lay out and install and supervise the laying out
and installing of electrical wiring, apparatus, or equipment for major electrical home appliances
on the load side of the main service on farmsteads and in any town or municipality with fewer
than 1,500 inhabitants, which is not contiguous to a city of the first class and does not contain an
established business of a contractor. As of December 1, 2007, no new Class A installer licenses
shall be issued. An individual who holds a Class A installer license as of December 1, 2007, may
retain and renew the license and exercise the privileges it grants.
    Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions 1, 2, and 6,
any individual holding a Class B installer license may lay out and install electrical wiring,
apparatus and equipment on center pivot irrigation booms on the load side of the main service on
farmsteads, and install such other electrical equipment as is approved by the commissioner.
    Subd. 3b. Coursework or experience. An applicant for a Class A or B installer license shall
have completed a post high school course in electricity approved by the commissioner or shall
have had at least one year of experience, approved by the commissioner, in electrical wiring.
    Subd. 3c. Bond. Every Class A and Class B installer, as a condition of licensure, shall give
bond to the state in the sum of $1,000 conditioned upon the faithful and lawful performance
of all work contracted for or entered upon by the installer within the state of Minnesota, and
such bond shall be for the benefit of persons injured or suffering financial loss by reason of
failure of such performance. Such bond shall be in lieu of all other license bonds to any political
subdivision of the state. Such bond shall be written by a corporate surety licensed to do business
in the state of Minnesota.
    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no individual
shall install, alter, repair, plan, lay out, or supervise the installing, altering, repairing, planning, or
laying out of electrical wiring, apparatus, or equipment for technology circuits or systems unless:
    (1) the individual is licensed by the commissioner as a power limited technician; and
    (2) the electrical work is:
    (i) for a licensed contractor and the individual is an employee, partner, or officer of, or is
the licensed contractor; or
    (ii) performed under the direct supervision of a master electrician or power limited
technician also employed by the individual's employer on technology circuits, systems, apparatus,
equipment, or facilities that are owned or leased by the employer and that are located within the
limits of property operated, maintained, and either owned or leased by the employer.
    (b) An applicant for a power limited technician's license shall (1) be a graduate of a four-year
electrical course offered by an accredited college or university; or (2) have had at least 36 months'
experience, acceptable to the board, in planning for, laying out, supervising, installing, altering,
and repairing wiring, apparatus, or equipment for power limited systems, provided however, that
the board may by rule provide for the allowance of up to 12 months (2,000 hours) of experience
credit for successful completion of a two-year post high school electrical course or other technical
training approved by the board.
    (c) Licensees must attain 16 hours of continuing education acceptable to the board every
renewal period.
    (d) A company holding an alarm and communication license as of June 30, 2003, may
designate one individual who may obtain a power limited technician license without passing
an examination administered by the commissioner by submitting an application and license
fee of $30.
    (e) A person who has submitted an application by December 30, 2007, to take the power
limited technician examination administered by the department is not required to meet the
qualifications set forth in paragraph (b).
    Subd. 4. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 5. Unlicensed individuals. (a) An unlicensed individual means an individual who has
not been licensed by the department to perform specific electrical work. An unlicensed individual
shall not perform electrical work required to be performed by a licensed individual unless the
individual has first registered with the department as an unlicensed individual. Thereafter, an
unlicensed individual shall not perform electrical work required to be performed by a licensed
individual unless the work is performed under the direct supervision of an individual actually
licensed to perform such work. The licensed individual and unlicensed individual must be
employed by the same employer. Licensed individuals shall not permit unlicensed individuals to
perform electrical work except under the direct supervision of an individual actually licensed to
perform such work. Unlicensed individuals shall not supervise the performance of electrical work
or make assignments of electrical work to unlicensed individuals. Except for technology circuit
or system work, licensed individuals shall supervise no more than two unlicensed individuals.
For technology circuit or system work, licensed individuals shall supervise no more than three
unlicensed individuals.
    (b) Notwithstanding any other provision of this section, no individual other than a master
electrician or power limited technician shall plan or lay out electrical wiring, apparatus, or
equipment for light, heat, power, or other purposes, except circuits or systems exempted from
personal licensing by subdivision 12, paragraph (b).
    (c) Contractors employing unlicensed individuals to perform electrical work shall maintain
records establishing compliance with this subdivision that shall identify all unlicensed individuals
performing electrical work, except for individuals working on circuits or systems exempted from
personal licensing by subdivision 12, paragraph (b), and shall permit the department to examine
and copy all such records.
    (d) When a licensed individual supervises the electrical work of an unlicensed individual,
the licensed individual is responsible for ensuring that the electrical work complies with the
Minnesota Electrical Act and all rules adopted under the act.
    Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals performing
electrical work for a contractor or employer shall register with the department in the manner
prescribed by the commissioner. Experience credit for electrical work performed in Minnesota
after January 1, 2008, by an applicant for a license identified in this section shall not be granted
where the applicant has not registered with or is not licensed by the department.
    Subd. 6. Contractor's license required. Except as otherwise provided by law, no individual
other than an employee, partner, or officer of a licensed contractor, as defined by section 326B.31,
subdivision 12
, shall perform or offer to perform electrical work with or without compensation
unless the individual obtains a contractor's license. A contractor's license does not of itself
qualify its holder to perform or supervise the electrical work authorized by holding any class
of personal license.
    Subd. 6a. Bond required. As a condition of licensing, each contractor shall give and
maintain bond to the state in the sum of $25,000 conditioned upon the faithful and lawful
performance of all work contracted for or performed by the contractor within the state of
Minnesota and such bond shall be for the benefit of persons injured or suffering financial loss by
reason of failure of such performance. The bond shall be filed with the commissioner and shall be
in lieu of all other license bonds to any other political subdivision. Such bond shall be written by a
corporate surety licensed to do business in the state of Minnesota.
    Subd. 6b. Insurance required. Each contractor shall have and maintain in effect general
liability insurance, which includes premises and operations insurance and products and completed
operations insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate limit
for bodily injury, and property damage insurance with limits of at least $50,000 or a policy with
a single limit for bodily injury and property damage of $300,000 per occurrence and $300,000
aggregate limits. Such insurance shall be written by an insurer licensed to do business in the
state of Minnesota and each contractor shall maintain on file with the commissioner a certificate
evidencing such insurance which provides that such insurance shall not be canceled without the
insurer first giving 15 days written notice to the commissioner of such cancellation.
    Subd. 6c. Employment of master electrician or power limited technician. (a) Each
contractor must designate a responsible master electrician or power limited technician, who shall
be responsible for the performance of all electrical work in accordance with the requirements of
sections 326B.31 to 326B.399 or any rule or order adopted or issued under these sections. The
classes of work that a licensed contractor is authorized to perform shall be limited to the classes of
work that the responsible master electrician or power limited electrician is licensed to perform.
    (b) When a contractor's license is held by an individual, sole proprietorship, partnership,
limited liability company, or corporation and the individual, proprietor, one of the partners,
one of the members, or an officer of the corporation, respectively, is not the responsible master
electrician or power limited technician, all requests for inspection shall be signed by the
responsible master electrician or power limited technician. If the contractor is an individual or
a sole proprietorship, the responsible licensed individual must be the individual, proprietor,
or managing employee. If the contractor is a partnership, the responsible licensed individual
must be a general partner or managing employee. If the licensed contractor is a limited liability
company, the responsible licensed individual must be a chief manager or managing employee. If
the contractor is a corporation, the responsible licensed individual must be an officer or managing
employee. If the responsible licensed individual is a managing employee, the responsible licensed
individual must be actively engaged in performing electrical work on behalf of the contractor,
and cannot be employed in any capacity as an electrician or technician by any other contractor or
employer designated in subdivision 12. An individual may be the responsible licensed individual
for only one contractor or employer.
    (c) All applications and renewals for contractor licenses shall include a verified statement
that the applicant or licensee has complied with this subdivision.
    Subd. 7. Examination. In addition to the other requirements described in this section
and except as provided in subdivision 11, as a precondition to issuance of a personal license,
each applicant must pass a written or oral examination developed and administered by the
commissioner to ensure the competence of each applicant for license. An oral examination shall
be administered only to an applicant who furnishes a written statement from a certified teacher or
other professional, trained in the area of reading disabilities stating that the applicant has a specific
reading disability which would prevent the applicant from performing satisfactorily on a written
test. The oral examination shall be structured so that an applicant who passes the examination
will not impair the applicant's own safety or that of others while acting as a licensed individual.
No individual failing an examination may retake it for six months thereafter, but within such six
months the individual may take an examination for a lesser grade of license. Any individual
failing to renew a personal license for two years or more after its expiration, and any licensee
whose personal license is revoked under this chapter, shall be required to retake the examination
before being issued a new license. An individual whose personal license is revoked under any
other chapter is not required to retake the examination before being issued a new license, unless
the personal license was revoked two years or more before the commissioner received the
completed application for a new license. A licensee whose personal license is suspended for any
reason is not required to retake the examination before the personal license is reinstated, unless
the personal license has not been reinstated within two years after the suspension began.
    An applicant for a personal license shall submit to the commissioner an application and
examination fee at the time of application. Upon approval of the application, the commissioner
shall schedule the applicant for the next available examination, which shall be held within 60
days. The applicant shall be allowed one opportunity to reschedule an examination without being
required to submit another application and examination fee. Additionally, an applicant who
fails an examination, or whose application was not approved, shall submit another application
and examination fee.
    Subd. 8. License, registration, and renewal fees; expiration. (a) Unless revoked or
suspended under this chapter, all licenses issued or renewed under this section expire on the
date specified in this subdivision. Master licenses expire March 1 of each odd-numbered year
after issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered
year after issuance or renewal. Technology system contractor licenses expire August 1 of each
even-numbered year after issuance or renewal. All other personal licenses expire two years
from the date of original issuance and every two years thereafter. Registrations of unlicensed
individuals expire one year from the date of original issuance and every year thereafter.
    (b) Fees for application and examination, and for the original issuance and each subsequent
renewal, are:
    (1) For each personal license application and examination: $35;
    (2) For original issuance and each subsequent renewal of:
    Class A Master or master special electrician, including master elevator constructor: $40
per year;
    Class B Master: $25 per year;
    Power Limited Technician: $15 per year;
    Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman, or
Maintenance Electrician other than master special electrician: $15 per year;
    Contractor: $100 per year;
    Unlicensed individual registration: $15 per year.
    (c) If any new license is issued in accordance with this subdivision for less than two years,
the fee for the license shall be prorated on an annual basis.
    (d) A license fee may not be refunded after a license is issued or renewed. However, if
the fee paid for a license was not prorated in accordance with this subdivision, the amount of
the overpayment shall be refunded.
    (e) Any contractor who seeks reissuance of a license after it has been revoked or suspended
under this chapter shall submit a reissuance fee of $100 before the license is reinstated.
    (f) The fee for the issuance of each duplicate license is $15.
    (g) An individual or contractor who fails to renew a license before 30 days after the
expiration or registration of the license must submit a late fee equal to one year's license fee in
addition to the full renewal fee. Fees for renewed licenses or registrations are not prorated. An
individual or contractor that fails to renew a license or registration by the expiration date is
unlicensed until the license or registration is renewed.
    Subd. 9. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9a. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9b. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9c. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9d. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9e. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9f. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9g. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9h. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9i. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9j. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 9k. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 10. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 11. Reciprocity. The commissioner may enter into reciprocity agreements for
personal licenses with another state if approved by the board. Once approved by the board, the
commissioner may issue a personal license without requiring the applicant to pass an examination
provided the applicant:
    (a) submits an application under this section;
    (b) pays the fee required under this section; and
    (c) holds a valid comparable license in the state participating in the agreement.
    Agreements are subject to the following:
    (1) The parties to the agreement must administer a statewide licensing program that includes
examination and qualifying experience or training comparable to Minnesota's.
    (2) The experience and training requirements under which an individual applicant qualified
for examination in the qualifying state must be deemed equal to or greater than required for
an applicant making application in Minnesota at the time the applicant acquired the license in
the qualifying state.
    (3) The applicant must have acquired the license in the qualifying state through an
examination deemed equivalent to the same class of license examination in Minnesota. A lesser
class of license may be granted where the applicant has acquired a greater class of license in the
qualifying state and the applicant otherwise meets the conditions of this subdivision.
    (4) At the time of application, the applicant must hold a valid license in the qualifying
state and have held the license continuously for at least one year before making application in
Minnesota.
    (5) An applicant is not eligible for a license under this subdivision if the applicant has failed
the same or greater class of license examination in Minnesota, or if the applicant's license of the
same or greater class has been revoked or suspended.
    (6) An applicant who has failed to renew a personal license for two years or more after its
expiration is not eligible for a license under this subdivision.
    Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance electrician is
not required to hold or obtain a license under sections 326B.31 to 326B.399 if:
    (1) the individual is engaged in the maintenance and repair of electrical equipment, apparatus,
and facilities that are owned or leased by the individual's employer and that are located within the
limits of property operated, maintained, and either owned or leased by the individual's employer;
    (2) the individual is supervised by:
    (i) the responsible master electrician for a contractor who has contracted with the individual's
employer to provide services for which a contractor's license is required; or
    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer,
or, if the maintenance and repair work is limited to technology circuit and system work, a licensed
power limited technician; and
    (3) the individual's employer has filed with the commissioner a certificate of responsible
person, signed by the responsible master electrician of the contractor, the licensed master
electrician, the licensed maintenance electrician, the electrical engineer, or the licensed power
limited technician, and stating that the person signing the certificate is responsible for ensuring
that the maintenance and repair work performed by the employer's employees complies with the
Minnesota Electrical Act and the rules adopted under that act.
    (b) Employees of a licensed electrical or technology systems contractor or other employer
where provided with supervision by a master electrician in accordance with subdivision 1, or
power limited technician in accordance with subdivision 3d, paragraph (a), clause (1), are not
required to hold a license under sections 326B.31 to 326B.399 for the planning, laying out,
installing, altering, and repairing of technology circuits or systems except planning, laying out, or
installing:
    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that control
circuits or systems other than class 2 or class 3, except circuits that interconnect these systems
through communication, alarm, and security systems are exempted from this paragraph;
    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
physically unprotected circuits other than class 2 or class 3; or
    (3) technology circuits and systems in hazardous classified locations as covered by chapter
5 of the National Electrical Code.
    (c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and
class 3 remote control wiring associated with plug or cord and plug connected appliances other
than security or fire alarm systems installed in a residential dwelling are not required to hold a
license under sections 326B.31 to 326B.399.
    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their employees
are not required to hold or obtain a license under sections 326B.31 to 326B.399 when performing
heating, ventilating, air conditioning, or refrigeration work as described in section 326.245.
    (e) Employees of any electrical, communications, or railway utility, cable communications
company as defined in section 238.02, or a telephone company as defined under section 237.01 or
its employees, or of any independent contractor performing work on behalf of any such utility,
cable communications company, or telephone company, shall not be required to hold a license
under sections 326B.31 to 326B.399:
    (1) while performing work on installations, materials, or equipment which are owned or
leased, and operated and maintained by such utility, cable communications company, or telephone
company in the exercise of its utility, antenna, or telephone function, and which
    (i) are used exclusively for the generation, transformation, distribution, transmission, or
metering of electric current, or the operation of railway signals, or the transmission of intelligence
and do not have as a principal function the consumption or use of electric current or provided
service by or for the benefit of any person other than such utility, cable communications company,
or telephone company, and
    (ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction, and
    (iii) are not on the load side of the service point or point of entrance for communication
systems;
    (2) while performing work on installations, materials, or equipment which are a part of the
street lighting operations of such utility; or
    (3) while installing or performing work on outdoor area lights which are directly connected
to a utility's distribution system and located upon the utility's distribution poles, and which are
generally accessible only to employees of such utility or persons acting under its control or
direction.
    (f) An owner shall not be required to hold or obtain a license under sections 326B.31 to
326B.399.
History: 1967 c 602 s 2; 1976 c 222 s 168,169; 1979 c 121 s 2; 1981 c 63 s 1; 1981 c 195 s
1; 1985 c 73 s 5-9; 1985 c 248 s 70; 1Sp1985 c 6 s 4,5; 1986 c 373 s 3-6; 1986 c 444; 1991 c
289 s 11-29; 2002 c 328 s 9-21; 2003 c 58 s 2-4; 2005 c 62 s 1; 2007 c 135 art 6 s 4-7; 2007 c
140 art 5 s 20
NOTE:Subdivision 3d was also amended by Laws 2007, chapter 135, article 6, section
3, to read as follows:
    "Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no individual
shall install, alter, repair, plan, lay out, or supervise the installing, altering, repairing, planning, or
laying out of electrical wiring, apparatus, or equipment for technology circuits or systems unless:
    (1) the individual is licensed by the commissioner as a power limited technician; and
    (2) the electrical work is:
    (i) for a licensed contractor and the individual is an employee, partner, or officer of, or is
the licensed contractor; or
    (ii) performed under the direct supervision of a master electrician or power limited
technician also employed by the individual's employer on technology circuits, systems, apparatus,
equipment, or facilities that are owned or leased by the employer that are located within the limits
of property operated, maintained, and either owned or leased by the employer.
    (b) An applicant for a power limited technician's license shall (1) be a graduate of a four-year
electrical course offered by an accredited college or university; or (2) have had at least 36 months'
experience, acceptable to the board, in planning for, laying out, supervising, installing, altering
and repairing wiring, apparatus, or equipment for power limited systems, provided however, that
the board may by rule provide for the allowance of up to 12 months (2,000 hours) of experience
credit for successful completion of a two-year post high school electrical course or other technical
training approved by the board.
    (c) Licensees must attain 16 hours of continuing education acceptable to the board every
renewal period.
    (d) A company holding an alarm and communication license as of June 30, 2003, may
designate one individual who may obtain a power limited technician license without passing
an examination administered by the commissioner by submitting an application and license
fee of $30.
    (e) A person who has submitted an application by December 31, 2007, to take the power
limited technician examination administered by the department is not required to meet the
qualifications set forth in paragraph (b)."
326.2421 ALARM AND COMMUNICATION SYSTEMS.
    Subdivision 1.[Repealed, 1Sp1985 c 6 s 11]
    Subd. 2. Exemption. No licensed power limited technician, technology system contractor,
or individual employed by a technology system contractor may be required to obtain any
authorization, permit, franchise, or license from, or pay any fee, franchise tax, or other assessment
to, any agency, department, board, or political subdivision of the state as a condition for
performing any work within the scope of the license.
    Subd. 3.[Repealed, 2003 c 58 s 8]
    Subd. 4.[Repealed, 2003 c 58 s 8]
    Subd. 5.[Repealed, 1Sp1985 c 6 s 11]
    Subd. 6.[Repealed, 2003 c 58 s 8]
    Subd. 7.[Repealed, 1987 c 384 art 3 s 14]
    Subd. 8.[Repealed, 2003 c 58 s 8]
    Subd. 9. Limitation. Nothing in this section prohibits a unit of local government from
charging a franchise fee to the operator of a cable communications company as defined in
section 238.02.
History: 1Sp1985 c 6 s 1; 1986 c 373 s 7; 1987 c 279 s 2; 1995 c 233 art 2 s 52; 1997 c 7 art
1 s 125; 2002 c 328 s 22,23; 2003 c 58 s 5
326.243 SAFETY STANDARDS.
    All electrical wiring, apparatus and equipment for electrical light, heat and power,
technology circuits or systems shall comply with the rules of the department and the board and be
installed in conformity with accepted standards of construction for safety to life and property. For
the purposes of this chapter, the rules and safety standards stated at the time the work is done
in the then most current edition of the National Electrical Code as adopted by the National Fire
Protection Association, Inc. and approved by the American National Standards Institute, and
the National Electrical Safety Code as published by the Institute of Electrical and Electronics
Engineers, Inc. and approved by the American National Standards Institute, shall be prima facie
evidence of accepted standards of construction for safety to life and property; provided further,
that in the event a Minnesota Building Code is formulated pursuant to section 16B.61, containing
approved methods of electrical construction for safety to life and property, compliance with
said methods of electrical construction of said Minnesota Building Code shall also constitute
compliance with this section, and provided further, that nothing herein contained shall prohibit
any political subdivision from making and enforcing more stringent requirements than set forth
herein and such requirements shall be complied with by all licensed electricians working within
the jurisdiction of such political subdivisions.
History: 1967 c 602 s 3; Ex1967 c 1 s 6; 1971 c 25 s 67; 1983 c 289 s 114 subd 1; 1984 c
544 s 89; 1984 c 655 art 1 s 92; 1985 c 73 s 10; 1985 c 248 s 70; 1Sp1985 c 6 s 6; 1Sp2001 c 4
art 6 s 74; 2002 c 328 s 24; 2007 c 140 art 5 s 21
326.244 INSPECTION.
    Subdivision 1. Required inspection. Except where any political subdivision has by
ordinance provided for electrical inspection similar to that herein provided, every new electrical
installation in any construction, remodeling, replacement, or repair, except minor repair work as
the same is defined by the board by rule, shall be inspected by the board for compliance with
accepted standards of construction for safety to life and property.
    Subd. 1a. Technology systems. (a) The installation of the technology circuits or systems
described in paragraph (b), except:
    (1) minor work performed by a contractor;
    (2) work performed by a heating, ventilating, or air conditioning contractor as described in
section 326.245; and
    (3) work performed by cable company employees when installing cable communications
systems or telephone company employees when installing telephone systems,
must be inspected as provided in this section for compliance with the applicable provisions of the
National Electrical Code and the applicable provisions of the National Electrical Safety Code, as
those codes were approved by the American National Standards Institute.
    (b) The inspection requirements in paragraph (a) apply to:
    (1) class 2 or class 3 remote control circuits that control circuits or systems other than
class 2 or class 3, except circuits that interconnect these systems exempted by section 326.242,
subdivision 12
, paragraph (b), other than fire alarm; class 2 or class 3 circuits in electrical
cabinets, enclosures, or devices containing physically unprotected circuits other than class 2 or
class 3; or technology circuits and systems in hazardous classified locations as covered by chapter
5 of the National Electrical Code;
    (2) fire alarm systems, other than in one- or two-family dwellings, as defined in articles
100 and 760 of the National Electrical Code;
    (3) technology circuits and systems contained within critical care areas of health care
facilities as defined by the safety standards identified in section 326.243, including, but not
limited to, anesthesia and resuscitative alarm and alerting systems, medical monitoring, and
nurse call systems;
    (4) physical security systems within detention facilities; and
    (5) circuitry and equipment for indoor lighting systems as defined in article 411 of the
National Electrical Code.
    (c) For the purposes of this subdivision "minor work" means the adjustment or repair and
replacement of worn or defective parts of a technology circuit or system. Minor work may be
inspected under this section at the request of the owner of the property or the person doing the
work.
    (d) Notwithstanding this subdivision, if an electrical inspector observes that a contractor,
employer, or owner has not complied with accepted standards when the work was performed, as
provided in the most recent editions of the National Electrical Code and the National Electrical
Safety Code as approved by the American National Standards Institute, the inspector may order
the contractor, employer, or owner who has performed the work to file a request for electrical
inspection, pay an inspection fee, and make any necessary repairs to comply with applicable
standards and require that the work be inspected.
    Subd. 1b. Licenses; bond. All inspectors shall hold licenses as master or journeyman
electricians under this chapter. All inspectors under contract with the department to provide
electrical inspection services shall give bond in the amount of $1,000, conditioned upon the
faithful performance of their duties.
    Subd. 2. Procedure. (a) At or before commencement of any installation required to be
inspected by the commissioner, the contractor, installer, special electrician, or owner making the
installation shall submit to the commissioner a request for inspection, in a form prescribed by the
commissioner, together with the fees required for the installation.
    (b) The fees required are a handling fee and an inspection fee. The handling fee shall be set
by the commissioner in an amount sufficient to pay the cost of printing and handling the form
requesting an inspection. The inspection fee shall be set by the commissioner in an amount
sufficient to pay the actual costs of the inspection and the commissioner's costs in administering
the inspection. All fees shall be set pursuant to the procedure of sections 14.001 to 14.69.
    (c) If the inspector finds that the installation is not in compliance with accepted standards of
construction for safety to life and property as required by section 326.243, the inspector shall
by written order condemn the installation or noncomplying portion thereof, or order service to
the installation disconnected, and shall send a copy of the order to the commissioner. If the
installation or the noncomplying part will seriously and proximately endanger human life and
property, the order of the inspector, when approved by the inspector's superior, shall require
immediate condemnation or disconnection. In all other cases, the order of the inspector shall
permit a reasonable opportunity for the installation to be brought into compliance with accepted
standards of construction for safety to life and property prior to the effective time established
for condemnation or disconnection.
    (d) Copies of each condemnation or disconnection order shall be served personally or by
mail upon the property owner, and the contractor, installer, or special electrician making the
installation, and other persons as the commissioner by rule may direct. An aggrieved party
may appeal any condemnation or disconnection order by filing with the commissioner a notice
of appeal within ten days after (1) service upon the aggrieved party of the condemnation or
disconnection order, if this service is required, or (2) filing of the order with the commissioner,
whichever is later. The appeal shall proceed and the order of the inspector shall have the effect
the order, by its terms, and the rules of the commissioner provides. The commissioner shall
adopt rules providing procedures for the conduct of appeals, including provisions for the stay of
enforcement of the order of the inspector pending such appeal when justified by the circumstances.
    Subd. 3. Duty of electrical utility. No electrical installation subject to inspection by the
commissioner shall be newly connected or reconnected for use until there is filed with the
electrical utility supplying power a certificate of the property owner or licensed electrician,
directing the work that inspection has been requested and that the conditions of the installation
are safe for energization, provided further, that in all cases where an order of condemnation or
disconnection has been issued against the installation or any part thereof, prior to connection or
reconnection there shall also first be filed with the electrical utility supplying the power a copy
of an order of the inspector or the commissioner dismissing such prior order of condemnation
or disconnection or approving the installation as being in compliance with accepted standards
of construction for safety to life and property. With respect to transient projects, the aforesaid
certificate shall also contain a certification that the request for inspection has been or will be filed
with the commissioner so as to be received by it at least five days prior to the date and time
energization of the installation by the utility is to occur, and that the request for inspection states
such date and time, and it shall be the responsibility of the commissioner to have inspection of
such transient project occur prior to the date and time at which the request states energization
is to occur.
    Subd. 4. Powers of political subdivisions. Any political subdivision or the University of
Minnesota may make provision for inspection of electrical installations within its jurisdiction, in
which case it shall keep on file with the commissioner copies of its current inspection ordinances
and codes. No political subdivision or the University of Minnesota shall require any individual,
partnership, corporation or other business association holding a license from the commissioner
under sections 326B.31 to 326B.399 to pay any license or registration fee, provided however,
that any such political subdivision or the University of Minnesota may provide by ordinance
a requirement that each individual, partnership, corporation or other business association
doing electrical work within the jurisdiction of such political subdivision or the University of
Minnesota have on file with said political subdivision a copy of the current license issued by the
commissioner or such other evidence of such license as may be provided by the commissioner.
    Each electrical inspector of any political subdivision or the University of Minnesota shall
be a licensed master or journeyman electrician under section 326.242, subdivision 1, paragraph
(1), or 2, paragraph (b), and shall not otherwise engage or be employed in the sale, installing,
altering, or repairing of electrical wiring, apparatus, or equipment for light, heat, power, and other
purposes and shall have no financial interest in any concern engaged in any such business.
    Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall not be
subject to inspection under sections 326B.31 to 326B.399:
    (1) when owned or leased, operated and maintained by any employer whose maintenance
electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing
electrical maintenance work only as defined by board rule;
    (2) when owned or leased, and operated and maintained by any electrical, communications,
or railway utility, cable communications company as defined in section 238.02, or telephone
company as defined under section 237.01, in the exercise of its utility, antenna, or telephone
function; and
    (i) are used exclusively for the generations, transformation, distribution, transmission, or
metering of electric current, or the operation of railway signals, or the transmission of intelligence,
and do not have as a principal function the consumption or use of electric current by or for
the benefit of any person other than such utility, cable communications company, or telephone
company; and
    (ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction; and
    (iii) are not on the load side of the service point or point of entrance for communication
systems;
    (3) when used in the street lighting operations of an electrical utility;
    (4) when used as outdoor area lights which are owned and operated by an electrical utility
and which are connected directly to its distribution system and located upon the utility's
distribution poles, and which are generally accessible only to employees of such utility or persons
acting under its control or direction;
    (5) when the installation, material, and equipment are in facilities subject to the jurisdiction
of the federal Mine Safety and Health Act; or
    (6) when the installation, material, and equipment is part of an elevator installation for
which the elevator contractor, licensed under section 326.242, is required to obtain a permit from
the authority having jurisdiction as provided by section 16B.747, and the inspection has been
or will be performed by an elevator inspector certified and licensed by the department. This
exemption shall apply only to installations, material, and equipment permitted or required to be
connected on the load side of the disconnecting means required for elevator equipment under
National Electrical Code Article 620, and elevator communications and alarm systems within the
machine room, car, hoistway, or elevator lobby.
    Subd. 6.[Repealed, 2007 c 140 art 13 s 3]
History: 1967 c 602 s 4; 1981 c 357 s 81; 1982 c 424 s 130; 1985 c 73 s 11-13; 1985 c
248 s 70; 1Sp1985 c 6 s 7-9; 1986 c 373 s 8,9; 1987 c 358 s 117; 1987 c 384 art 2 s 1; 1990 c
422 s 10; 1991 c 289 s 30-32; 1995 c 166 s 16,17; 2002 c 328 s 25-28; 2003 c 58 s 6,7; 2007
c 140 art 5 s 22-27
326.2441 INSPECTION FEE SCHEDULE.
    Subdivision 1. Schedule. State electrical inspection fees shall be calculated in accordance
with subdivisions 2 to 15.
    Subd. 2. Fee for each separate inspection. The minimum fee for each separate inspection
of an installation, replacement, alteration, or repair is $35. Except as otherwise provided in this
section, the maximum number of separate inspections allowed without payment of an additional
fee is the whole number resulting from dividing by 35 the total fee calculated in accordance with
this section. Where additional separate inspections are necessary, additional fees are required to
result in a value equal to the total number of separate inspections multiplied by 35. The fee
for any inspections needed after a "final inspection" is performed shall be calculated without
consideration of any fee paid before the final inspection.
    Subd. 3. Fee for services, generators, other power supply sources, or feeders to separate
structures. The inspection fee for the installation, addition, alteration, or repair of each service,
change of service, temporary service, generator, other power supply source, or feeder to a
separate structure is:
    (1) 0 ampere to and including 400 ampere capacity, $35;
    (2) 401 ampere to and including 800 ampere capacity, $60; and
    (3) ampere capacity above 800, $100.
    Where multiple disconnects are grouped at a single location and are supplied by a single set
of supply conductors the cumulative rating of the overcurrent devices shall be used to determine
the supply ampere capacity.
    Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer secondary
conductors. The inspection fee for the installation, addition, alteration, or repair of each circuit,
feeder, feeder tap, or set of transformer secondary conductors, including the equipment served, is:
    (1) 0 ampere to and including 200 ampere capacity, $6; and
    (2) ampere capacity above 200, $15.
    Where existing feeders and circuits are reconnected to overcurrent devices installed as part
of the replacement of an existing disconnect, switchboard, motor control center, or panelboard,
the inspection fee for each circuit or feeder is $2.
    Subd. 5. Inspection fee for dwellings. (a) The inspection fee for a one-family dwelling and
each dwelling unit of a two-family dwelling is the following:
    (1) the fee for each service or other source of power as provided in subdivision 3;
    (2) $100 for up to 30 feeders and circuits; and
    (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
This fee applies to each separate installation for new dwellings and where 15 or more feeders or
circuits are installed or extended in connection with any addition, alteration, or repair to existing
dwellings. Where existing feeders and circuits are reconnected to overcurrent devices installed
as part of the replacement of an existing panelboard, the fee for each reconnected feeder or
circuit is $2. The maximum number of separate inspections shall be determined in accordance
with subdivision 2. The fee for additional inspections or other installations is that specified in
subdivisions 2, 4, 6, and 8. The installer may submit fees for additional inspections when filing
the request for electrical inspection. The fee for each detached accessory structure directly
associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and 4. When
included on the same request for electrical inspection form, inspection fees for detached accessory
structures directly associated with the dwelling unit may be combined with the dwelling unit fees
to determine the maximum number of separate inspections in accordance with subdivision 2.
    (b) The inspection fee for each dwelling unit of a multifamily dwelling with three or more
dwelling units is $70 for a combination of up to 20 feeders and circuits and $6 for each additional
feeder or circuit. This fee applies to each separate installation for each new dwelling unit and
where ten or more feeders or circuits are installed or extended in connection with any addition,
alteration, or repair to existing dwelling units. Where existing feeders or circuits are reconnected
to overcurrent devices installed as part of the replacement of an existing panelboard, the fee
for each reconnected feeder or circuit is $2. The maximum number of separate inspections for
each dwelling unit shall be determined in accordance with subdivision 2. The fee for additional
inspections or for inspection of other installations is that specified in subdivisions 2, 4, 6, and 8.
These fees include only inspection of the wiring within individual dwelling units and the final
feeder to that unit where the multifamily dwelling is provided with common service equipment
and each dwelling unit is supplied by a separate feeder or feeders extended from common service
or distribution equipment. The fee for multifamily dwelling services or other power source
supplies and all other circuits is that specified in subdivisions 2 to 4.
    (c) A separate request for electrical inspection form must be filed for each dwelling unit that
is supplied with an individual set of service entrance conductors. These fees are the one-family
dwelling rate specified in paragraph (a).
    Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical supply for
each manufactured home park lot is $35. This fee includes the service or feeder conductors up to
and including the service equipment or disconnecting means. The fee for feeders and circuits that
extend from the service or disconnecting means is that specified in subdivision 4.
    (b) The fee for each recreational vehicle site electrical supply equipment is $6 for each
circuit originating within the equipment. The fee for recreational vehicle park services, feeders,
and circuits is that specified in subdivisions 3 and 4.
    (c) The fee for each street, parking lot, or outdoor area lighting standard and each traffic
signal standard is $5. Circuits originating within the standard or traffic signal controller shall not
be used when calculating the fee for each standard.
    (d) The fee for transformers for light, heat, and power is $15 for transformers rated up to ten
kilovolt-amperes and $30 for transformers rated in excess of ten kilovolt-amperes. The previous
sentence does not apply to Class 1 transformers or power supplies for Class 1 power-limited
circuits or to Class 2 or Class 3 transformers or power supplies.
    (e) The fee for transformers and electronic power supplies for electric signs and outline
lighting is $5 per unit.
    (f) The fee for technology circuits or systems, and circuits of less than 50 volts, is 75 cents
for each system device or apparatus.
    (g) The fee for each separate inspection of the bonding for a swimming pool, spa, fountain,
an equipotential plane for an agricultural confinement area, or similar installation is $35. Bonding
conductors and connections require an inspection before being concealed.
    (h) The fee for all wiring installed on center pivot irrigation booms is $35 plus $5 for each
electrical drive unit.
    (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per luminaire.
    (j) When a separate inspection of a concrete-encased grounding electrode is performed,
the fee is $35.
    (k) The fees required by subdivisions 3 and 4 are doubled for installations over 600 volts.
    Subd. 7. Investigation fees: work without a request for electrical inspection. (a)
Whenever any work for which a request for electrical inspection is required has begun without the
request for electrical inspection form being filed with the commissioner, a special investigation
shall be made before a request for electrical inspection form is accepted.
    (b) An investigation fee, in addition to the full fee required by subdivisions 1 to 6, shall be
paid before an inspection is made. The investigation fee is two times the minimum fee specified in
subdivision 2 or the inspection fee required by subdivisions 1 to 6, whichever is greater, not to
exceed $1,000. The payment of the investigation fee does not exempt any person from compliance
with all other provisions of the department rules or statutes nor from any penalty prescribed by law.
    Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5, when
reinspection is necessary to determine whether unsafe conditions identified during a final
inspection have been corrected and the conditions are not the subject of an appeal pending before
the commissioner or any court, a reinspection fee of $35 shall be assessed in writing by the
inspector.
    Subd. 9. Supplemental fee. When inspections scheduled by the installer are preempted,
obstructed, prevented, or otherwise not able to be completed as scheduled due to circumstances
beyond the control of the inspector, a supplemental inspection fee of $35 shall be assessed
in writing by the inspector.
    Subd. 10. Special inspection. For inspections not covered in this section, or for requested
special inspections or services, the fee is $80 per hour, including travel time, plus the standard
mileage rate per mile traveled, plus the reasonable cost of equipment or material consumed. This
provision is applicable to inspection of empty conduits and other jobs as may be determined by
the commissioner. This fee may also be assessed when installations are not accessible by roadway
and require alternate forms of transportation or are located in the Northwest Angle, or when
inspections are performed outside of Minnesota. For purposes of this subdivision, the standard
mileage rate is the standard mileage rate effective at the time of travel, as established by the
Internal Revenue Service for computing the deductible costs of operating an automobile for
business expense purposes.
    Subd. 11. Inspection of transitory projects. (a) For inspection of transitory projects
including, but not limited to, festivals, fairs, carnivals, circuses, shows, production sites,
and portable road construction plants, the inspection procedures and fees are as specified in
paragraphs (b) to (i).
    (b) The fee for inspection of each generator or other source of supply is that specified in
subdivision 3. A like fee is required at each engagement or setup.
    (c) In addition to the fee for generators or other sources of supply, there must be an inspection
of all installed feeders, circuits, and equipment at each engagement or setup at the hourly rate
specified in subdivision 10, with a one-hour minimum.
    (d) An owner, operator, or appointed representative of a transitory enterprise including,
but not limited to, festivals, fairs, carnivals, circuses, production companies, shows, portable
road construction plants, and similar enterprises shall notify the commissioner of its itinerary
or schedule and make application for initial inspection a minimum of 14 days before its first
engagement or setup. An owner, operator, or appointed representative of a transitory enterprise
who fails to notify the commissioner 14 days before its first engagement or setup may be subject to
the investigation fees specified in subdivision 7. The owner, operator, or appointed representative
shall request inspection and pay the inspection fee for each subsequent engagement or setup at the
time of the initial inspection. For subsequent engagements or setups not listed on the itinerary or
schedule submitted to the commissioner and where the commissioner is not notified at least 48
hours in advance, a charge of $100 may be made in addition to all required fees.
    (e) Amusement rides, devices, concessions, attractions, or other units must be inspected at
their first appearance of the year. The inspection fee is $35 per unit with a supply of up to 60
amperes and $40 per unit with a supply above 60 amperes.
    (f) An additional fee at the hourly rate specified in subdivision 10 must be charged for
additional time spent by each inspector if equipment is not ready or available for inspection at
the time and date specified on the application for initial inspection or the request for electrical
inspection form.
    (g) In addition to the fees specified in paragraphs (a) and (b), a fee of one hour at the hourly
rate specified in subdivision 10 must be charged for inspections required to be performed on
Saturdays, Sundays, holidays, or after regular business hours.
    (h) The fee for reinspection of corrections or supplemental inspections where an additional
trip is necessary may be assessed as specified in subdivision 8.
    (i) The commissioner shall retain the inspection fee when an owner, operator, or appointed
representative of a transitory enterprise fails to notify the commissioner at least 48 hours in
advance of a scheduled inspection that is canceled.
    Subd. 11a. Negotiated fee. When the fee calculated in accordance with subdivisions 2 to
11 results in a total fee that unreasonably exceeds the cost of inspection, the commissioner may
negotiate a fee that more reasonably offsets the cost of inspection.
    Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling of the
paper form requesting an electrical inspection is up to $1.
    Subd. 13. National Electrical Code used for interpretation of provisions. For purposes of
interpretation of this section and Minnesota Rules, chapter 3800, the most recently adopted edition
of the National Electrical Code shall be prima facie evidence of the definitions, interpretations,
and scope of words and terms used.
History: 2000 c 488 art 2 s 21; 2007 c 135 art 6 s 8; 2007 c 140 art 5 s 28
326.245 MANUFACTURED ELECTRICAL PARTS; EXEMPTION.
    Subdivision 1. Manufacturers. Electrical components, apparatus, or appliances being
manufactured within the limits of property which is owned or leased by a manufacturer and such
manufacturer's production employees are not covered by sections 326B.31 to 326B.399.
    Subd. 2. Electrical appliance units. Installation, alteration, or repair of electrical appliance
units are not covered by sections 326B.31 to 326B.399. For the purposes of this section, "electrical
appliance units" means all electrical and fossil fuel appliances that use electricity including, but
not limited to, furnaces, water heaters, stoves, clothes washers, dryers, and dishwashers. The
installation of electrical wiring to an electrical appliance unit is covered by sections 326B.31 to
326B.399.
    Subd. 3. Other units. Planning, laying out, and installation of heating, ventilating, air
conditioning, or refrigeration units are not covered by sections 326B.31 to 326B.399. For
purposes of this section, heating, ventilating, air conditioning, or refrigeration units include,
but are not limited to, air conditioning units, air conditioning evaporators, air conditioning
condensers, air conditioning and refrigeration chillers, boilers, furnaces, air handling units,
rooftop units, humidifiers, ice makers, and supermarket, ice arena, and bar/restaurant equipment.
The installation of electrical wiring to the unit is covered by sections 326B.31 to 326B.399.
    Subd. 4. Other equipment. Planning, laying out, alteration, replacement, or repair of
heating, ventilating, air conditioning, or refrigeration equipment, and associated devices,
controls, and wiring including wiring in or on the equipment, are not covered by sections
326B.31 to 326B.399 when the work is performed by an employee of a heating, ventilating, air
conditioning, or refrigeration contractor provided that the employee performing the work has
received a certificate of completion from a heating, ventilating, air conditioning, or refrigeration
apprenticeship program approved by the state of Minnesota or any class of personal license issued
by the commissioner. Employees registered in an approved heating, ventilating, air conditioning,
or refrigeration program may design, plan, alter, replace, or repair heating, ventilating, air
conditioning, or refrigeration equipment, devices, and controls including wiring in or on the
equipment, under the direction of an employee who has a certificate of completion from an
approved program or any class of personal license issued by the commissioner. The installation of
electrical wiring to the unit is covered by sections 326B.31 to 326B.399.
History: 1967 c 602 s 5; 1986 c 373 s 10; 1991 c 289 s 33; 2002 c 328 s 29; 2007 c 140
art 5 s 29
326.246 [Repealed, 2007 c 140 art 13 s 3]
326.2461 [Repealed, 2007 c 140 art 13 s 3]
326.247 [Repealed, 2007 c 140 art 5 s 33]
326.248 CITATION.
    Sections 326B.31 to 326B.399 shall be known as the Minnesota Electrical Act.
History: 1967 c 602 s 8; 1986 c 373 s 12; 2007 c 140 art 5 s 30
326.25 [Repealed, 1967 c 602 s 17]
326.26 [Repealed, 1967 c 602 s 17]
326.261 [Repealed, 1967 c 602 s 17]
326.27 [Repealed, 1967 c 602 s 17]
326.28 [Repealed, 1967 c 602 s 17]
326.29 [Repealed, 1967 c 602 s 17]
326.30 [Unnecessary]
326.31 [Repealed, 1967 c 602 s 17]

PRIVATE DETECTIVES, PROTECTIVE AGENTS

326.32 MS 1965 [Repealed, 1967 c 602 s 17]
326.32 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 326.32 to 326.339, the terms defined in this
section have the meanings given them.
    Subd. 1a. Armed with a firearm. An individual is "armed with a firearm" if at any time
in the performance of the individual's duties the individual wears, carries, possesses, or has
access to a firearm.
    Subd. 1b. Armed with a weapon. An individual is "armed with a weapon" if at any time in
the performance of the individual's duties the individual wears, carries, possesses, or has access to:
(1) a weapon other than a firearm; or
(2) an immobilizing or restraining device.
    Subd. 2. Board. "Board" means the Board of Private Detective and Protective Agent
Services.
    Subd. 3. Board member. "Board member" means any person appointed as a member of
the Board of Private Detective and Protective Agent Services.
    Subd. 4. Chair. "Chair" means the board member designated by the board to act in the
capacity of board chair.
    Subd. 5. Board review. "Board review" means the process by which the board reviews and
evaluates private detective or protective agent license applications.
    Subd. 6.[Repealed, 1987 c 360 s 26]
    Subd. 7.[Repealed, 1987 c 360 s 26]
    Subd. 8. Applicant. "Applicant" means any individual, partnership or corporation who has
made application for a private detective or protective agent license.
    Subd. 9. License. "License" means a private detective license or a protective agent license.
    Subd. 10. License holder. "License holder" means any individual, partnership or corporation
licensed to perform the duties of a private detective or a protective agent.
    Subd. 10a. Minnesota manager. "Minnesota manager" means the member of a partnership
or corporation, who meets the qualifications for licensing as provided in sections 326.32 to
326.339. The Minnesota manager must be actively involved in the day to day management and
supervision of the licensed activity in the Minnesota office.
    Subd. 10b. Minnesota office. "Minnesota office" means an office maintained in Minnesota
by a license holder for the conduct or solicitation of business when the principal place of business
of the license holder is located outside the state of Minnesota.
    Subd. 10c. Proprietary employer. A "proprietary employer" means an individual,
partnership, or corporation that is not engaged in the business of providing protective agents but
employs individuals to serve as security guards solely on the employer's property and its curtilage.
    Subd. 11. Public member. "Public member" means a person who is not, nor ever was, a
member of the profession or occupation being licensed, or the spouse of any such person or a
person who has not, nor ever has had, a material or financial interest in either the providing of the
professional service being licensed or regulated or an activity directly related to the profession
being licensed.
    Subd. 12. Qualified representative. "Qualified representative" means the member of a
partnership or corporation, who meets the qualifications for licensing as provided in sections
326.32 to 326.339. The qualified representative must be actively involved in the day to day
management and supervision of the licensed activity.
    Subd. 13. Security guard. (a) "Security guard" means a person who wears or carries any
insignia that identifies the person to the public as security, who is paid a fee, wage, or salary
to do one or more of the following:
(1) prevent or detect intrusion, unauthorized entry or activity, vandalism, or trespass on
private property;
(2) prevent or detect theft, loss, embezzlement, misappropriation, or concealment of
merchandise, money, bonds, stocks, notes, or other valuable documents or papers;
(3) control, regulate, or direct the flow or movements of the public, whether by vehicle or
otherwise, to assure protection of private property;
(4) protect individuals from bodily harm; or
(5) enforce policies and rules of the security guard's employer related to crime reduction to
the extent that the enforcement falls within the scope of the security guard's duties.
(b) The term "security guard" does not include:
(1) an auditor, accountant, or accounting clerk performing audits or accounting functions;
(2) an employee of a firm licensed under section 326.3381 whose duties are primarily
administrative or clerical in nature;
(3) a person employed by a proprietary company to conduct plainclothes surveillance or
investigation;
(4) a person temporarily employed under statute or ordinance by political subdivisions to
provide protective services at social functions;
(5) an employee of an air or rail carrier;
(6) a customer service representative or sales clerk employed in a retail establishment; or
(7) a person employed to perform primarily maintenance or custodial functions.
    Subd. 14.[Renumbered subd 1a]
History: 1974 c 310 s 1; 1975 c 271 s 6; 1984 c 649 s 5; 1986 c 444; 1987 c 360 s 1-6; 1989
c 171 s 1,2; 1990 c 485 s 1; 2001 c 168 s 1,2
326.33 MS 1965 [Repealed, 1945 c 130 s 1]
326.33 BOARD OF PRIVATE DETECTIVE AND PROTECTIVE AGENT SERVICES.
    Subdivision 1. Members. There is hereby created a Board of Private Detective and Protective
Agent Services, consisting of the superintendent of the Bureau of Criminal Apprehension or an
assistant superintendent designated by the superintendent, and the following members appointed
by the commissioner of public safety: a licensed protective agent, or qualified representative for
a licensed protective agent partnership or corporation, a licensed private detective, or qualified
representative for a licensed private detective partnership or corporation, and two public members.
Filling of member vacancies shall be the responsibility of the commissioner of public safety.
Membership terms, compensation of members, removal of members, the filling of membership
vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07
to 214.09. The provision of staff, unless otherwise provided in sections 326.32 to 326.339;
administrative services and office space; the review and processing of complaints; the setting of
board fees, unless otherwise provided in sections 326.32 to 326.339; and other provisions relating
to board operations shall be as provided in chapter 214.
    Subd. 2. Meetings; chair. The board shall meet at the times it considers necessary to
conduct business ascribed to the board by the provisions of sections 326.32 to 326.339. The
board shall designate one of its members to fill the position of board chair, and that person may
remain in the capacity of chair for a term of one year. The board has the option of replacing
a board member as chair.
    Subd. 3.[Repealed, 1987 c 360 s 26]
    Subd. 4.[Repealed, 1987 c 360 s 26]
    Subd. 5.[Repealed, 1987 c 360 s 26]
    Subd. 6. Compensation to board members. Members of the Board of Private Detective and
Protective Agent Services shall receive, in addition to necessary traveling and lodging expenses, a
per diem payment as specified in section 214.09, subdivision 3, per day for each day actually
engaged in board activities, provided, however, members of the board who are state employees
will be governed by state rules regarding travel expense and per diem payments.
History: 1974 c 310 s 5; 1975 c 136 s 64; 1975 c 271 s 6; 1976 c 149 s 54; 1976 c 222 s
170-172; 1980 c 509 s 128; 1982 c 424 s 130; 1984 c 531 s 8; 1984 c 649 s 1,5; 1986 c 444;
1987 c 360 s 7,8; 2000 c 445 art 1 s 3
326.331 [Repealed, 1987 c 360 s 26]
326.3311 POWERS AND DUTIES.
The board has the following powers and duties:
(1) to receive and review all applications for private detective and protective agent licenses;
(2) to approve applications for private detective and protective agent licenses and issue, or
reissue licenses as provided in sections 326.32 to 326.339;
(3) to deny applications for private detective and protective agent licenses if the applicants
do not meet the requirements of sections 326.32 to 326.339; upon denial of a license application,
the board shall notify the applicant of the denial and the facts and circumstances that constitute
the denial; the board shall advise the applicant of the right to a contested case hearing under
chapter 14;
(4) to enforce all laws and rules governing private detectives and protective agents; and
(5) to suspend or revoke the license of a license holder or impose a civil penalty on a license
holder for violations of any provision of sections 326.32 to 326.339 or the rules of the board.
History: 1987 c 360 s 9
326.332 [Repealed, 1987 c 360 s 26]
326.3321 EMPLOYEES.
    Subdivision 1. Executive director. The commissioner of public safety shall appoint an
executive director to serve in the unclassified service at the pleasure of the commissioner. The
executive director shall perform the duties as the board and commissioner shall prescribe.
    Subd. 2. Others. The board may employ and assign duties to other employees or agents as
it considers necessary to discharge the functions of the board.
History: 1987 c 360 s 10; 1997 c 239 art 8 s 24
326.333 [Repealed, 1987 c 360 s 26]
326.3331 RULEMAKING.
The board shall adopt rules under chapter 14 to govern the selection, training, conduct,
discipline, and licensing of private detectives and protective agents, and any other matters
necessary to carry out duties imposed by sections 326.32 to 326.339.
History: 1987 c 360 s 11
326.334 [Repealed, 1987 c 360 s 26]
326.3341 EXEMPTIONS.
Sections 326.32 to 326.339 do not apply to:
(1) an employee while providing security or conducting an investigation of a pending or
potential claim against the employee's employer;
(2) a peace officer or employee of the United States, this state or one of its political
subdivisions, while engaged in the discharge of official duties for the government employer;
(3) persons engaged exclusively in obtaining and furnishing information as to the financial
standing, rating, and credit responsibility of persons or as to the personal habits and financial
responsibility of applicants for insurance, indemnity bonds, or commercial credit;
(4) an attorney-at-law while performing the duties of an attorney-at-law or an investigator
employed exclusively by an attorney or a law firm engaged in investigating legal matters;
(5) a collection agency or finance company licensed to do business under the laws of this
state or an employee of one of those companies while acting within the scope of employment
when making an investigation incidental to the business of the agency, including an investigation
as to location of a debtor, of the debtor's assets or property, provided the client has a financial
interest in or a lien upon the assets or property of the debtor;
(6) an insurance adjuster employed exclusively by an insurance company, or licensed as an
adjuster with the state of Minnesota and engaged in the business of adjusting insurance claims; or
(7) persons engaged in responding to alarm signals including, but not limited to, fire alarms,
industrial process failure alarms and burglary alarms, for purposes of maintaining, repairing or
resetting the alarm, or for opening the premises for law enforcement personnel or responding
agents.
History: 1987 c 360 s 12
326.335 [Repealed, 1974 c 310 s 12]
326.336 EMPLOYEES OF LICENSE HOLDERS.
    Subdivision 1. Background check. A license holder may employ, in connection with
the business of private detective or protective agent, as many unlicensed persons as may be
necessary; provided that every license holder is at all times accountable for the good conduct of
every person employed. When a license holder hires a person to perform services as a private
detective or protective agent, the employer shall submit to the Bureau of Criminal Apprehension a
full set of fingerprints of each employee and the written consent of the employee to enable the
bureau to determine whether that person has a criminal record. The employee is a conditional
employee until the employer receives a report from the bureau that, based on a check of the
criminal records maintained by the bureau, the prospective employee has not been convicted
in Minnesota of a felony or any offense listed in section 326.3381, subdivision 3, other than
a misdemeanor or gross misdemeanor assault. During the period of conditional employment,
the person may not serve as a private detective or protective agent, but may be trained by the
employer. The bureau shall immediately forward the fingerprints to the Federal Bureau of
Investigation and request the Federal Bureau of Investigation to conduct a criminal history check
of each conditional employee. The bureau shall determine if the Federal Bureau of Investigation
report indicates that the employee was convicted of a disqualifying offense and shall notify the
employer accordingly. The employer shall immediately dismiss an employee who has been
convicted of a disqualifying offense.
    Subd. 2. Identification card. An identification card must be issued by the license holder
to each employee. The card must be in the possession of the employee to whom it is issued at
all times. The identification card must contain the license holder's name, logo (if any), address
or Minnesota office address, and the employee's photograph and physical description. The card
must be signed by the employee and by the license holder, qualified representative, or Minnesota
office manager.
    Subd. 3. Failure to return property. Any person who shall be issued an identification
card, badge, holster, weapon, shield, or any other equipment bearing the name, trademark or
trade name, or any combination thereof, of any licensed agency, or indicating that such person
is a private detective, protective agent, or employee of same, who does not return such badge,
weapon, holster, identification card, uniform emblem, or other equipment to the owner thereof
within ten days of the termination of employment, or of receiving a written request to return
same, made by certified mail to the person's last known address, whichever shall last occur,
shall be guilty of a misdemeanor.
    Subd. 4. Confidentiality; false statements. No employee of any license holder shall divulge
to anyone other than the employer, or as the employer shall direct, except as may be required by
law, any information acquired during such employment in respect of any matter or investigation
undertaken or done by such employer. Any employee who shall make any false statement in an
employment statement or who willfully makes a false report to the employer in respect to any
matter in the course of the employer's business, or who shall otherwise violate the provisions of
this subdivision is guilty of a misdemeanor.
History: 1945 c 130 s 7; 1959 c 317 s 5; 1969 c 1129 art 1 s 3; 1974 c 310 s 7; 1978 c 674 s
60; 1984 c 649 s 5; 1986 c 444; 1987 c 360 s 13; 1989 c 171 s 3; 2002 c 321 s 4
326.3361 TRAINING.
    Subdivision 1. Rules. The board shall, by rule, prescribe the requirements, duration, contents,
and standards for successful completion of certified training programs for license holders,
qualified representatives, Minnesota managers, partners, and employees, including:
(1) for those individuals who are armed with a firearm, training in the proper use of, and the
risks and dangers arising from the use of, firearms;
(2) for those individuals who are armed with a weapon, training in the proper use of, and the
risks and dangers arising from the use of, weapons other than firearms, including, but not limited
to, bludgeons, nightsticks, batons, chemical weapons, and electronic incapacitation devices,
and restraint or immobilization techniques;
(3) for those individuals who are armed with a firearm or armed with a weapon, training
in first aid and alternatives to the use of force, including advantages to not using force and
specifically when force should not be used;
(4) for those individuals who are armed with a firearm or armed with a weapon, training
in the legal limitations on the justifiable use of force and deadly force as specified in sections
609.06 and 609.065;
(5) standards for weapons and equipment issued to or carried or used by those individuals;
(6) preassignment or on-the-job training, or its equivalent, required before applicants may be
certified as having completed training; and
(7) continuing training for license holders, qualified representatives, Minnesota managers,
partners, employees, individuals armed with a firearm, and individuals armed with a weapon.
    Subd. 2. Required contents. The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of
employment, or evidence that the employee has successfully completed equivalent training
before the start of employment;
(2) certification by the board of completion of certified training for a license holder, qualified
representative, Minnesota manager, partner, and employee to carry or use a firearm, a weapon
other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified
representatives, Minnesota managers, partners, and employees, and an additional six hours a
year for individuals who are armed with firearms or armed with weapons, which must include
annual certification of the individual.
An individual may not carry or use a weapon while undergoing on-the-job training under
this subdivision.
    Subd. 3. Use of weapons; certified training required. The rules must provide that no
license holder, qualified representative, Minnesota manager, partner, or employee may carry or
use a weapon or immobilizing or restraint technique without having successfully completed
certified training as directed by the board.
    Subd. 4. Full-time peace officers. A person licensed as a peace officer by the Board of Peace
Officer Standards and Training meets the training requirements of this section.
History: 1990 c 485 s 2; 1993 c 168 s 1-3; 2000 c 445 art 1 s 4; 2001 c 168 s 3,4
326.337 [Repealed, 1987 c 360 s 26]
326.338 PERSONS ENGAGED AS PRIVATE DETECTIVES OR PROTECTIVE AGENTS.
    Subdivision 1. Private detective. Persons who for a fee, reward, or other consideration,
undertake any of the following acts for the purpose of obtaining information for others are
considered to be engaged in the business of a private detective:
(1) investigating crimes or wrongs done or threatened against the government of the United
States or of any state, county, or municipal subdivision thereof;
(2) investigating the identity, habits, conduct, movements, whereabouts, transactions,
reputation, or character of any person or organization;
(3) investigating the credibility of witnesses or other persons;
(4) investigating the location or recovery of lost or stolen property;
(5) investigating the origin of and responsibility for libels, losses, accidents, or damage
or injuries to persons or property;
(6) investigating the affiliation, connection, or relationship of any person, firm, or corporation
with any organization, society, or association, or with any official, representative, or member
thereof;
(7) investigating the conduct, honesty, efficiency, loyalty, or activities of employees, persons
seeking employment, agents, or contractors and subcontractors;
(8) obtaining through investigation evidence to be used before any authorized investigating
committee, board of award, board of arbitration, administrative body, or officer or in preparation
for trial of civil or criminal cases; or
(9) investigating the identity or apprehension of persons suspected of crimes or
misdemeanors.
    Subd. 2.[Repealed, 1987 c 360 s 26]
    Subd. 3.[Repealed, 1987 c 360 s 26]
    Subd. 4. Protective agent. A person who for a fee, reward, or other valuable consideration
undertakes any of the following acts is considered to be engaged in the business of protective
agent:
(1) providing guards, private patrol, or other security personnel to protect persons or their
property or to prevent the theft, unlawful taking of goods, merchandise, or money, or to prevent
the misappropriation or concealment of goods, merchandise, money, or other valuable things, or
to procure the return of those things;
(2) physically responding to any alarm signal device, burglar alarm, television camera, still
camera, or a mechanical or electronic device installed or used to prevent or detect burglary, theft,
shoplifting, pilferage, losses, or other security measures;
(3) providing armored car services for the protection of persons or property;
(4) controlling motor traffic on public streets, roads, and highways for the purpose of
escorting a funeral procession and oversized loads; or
(5) providing management and control of crowds for the purpose of safety and protection.
A person covered by this subdivision may perform the traffic control duties in clause (4)
in place of a police officer when a special permit is required, provided that the protective agent
is first-aid qualified.
History: 1945 c 130 s 9; 1959 c 317 s 7; 1974 c 310 s 9; 1986 c 444; 1987 c 360 s 14,15;
1996 c 387 s 6
326.3381 LICENSES.
    Subdivision 1. Prohibition. No person shall engage in the business of private detective
or protective agent, or advertise or indicate in any verbal statement or in written material that
the person is so engaged or available to supply those services, without having first obtained a
license as provided in sections 326.32 to 326.339.
    Subd. 1a. Proprietary employers. A proprietary employer is not required to obtain a license,
but must comply with section 326.336, subdivision 1, with respect to the hiring of security guards.
    Subd. 2. Application procedure. The board shall issue a license upon application to any
person qualified under sections 326.32 to 326.339 and under the rules of the board to engage
in the business of private detective or protective agent. The license shall remain effective for
two years as long as the license holder complies with sections 326.32 to 326.339, the laws of
Minnesota, and the rules of the board. Upon receipt of an application for private detective or
protective agent license, the board shall:
(1) post notice of the application in its office for a period of 20 days, and notify all persons
who have requested notification of applications;
(2) conduct an investigation as it considers necessary to determine the qualifications of the
applicant, qualified representative, Minnesota manager, and if appropriate, a partner or corporate
officer; and
(3) notify the applicant of the date on which the board will conduct a review of the license
application.
    Subd. 3. Disqualification. No person is qualified to hold a license who has:
(1) been convicted of (i) a felony by the courts of this or any other state or of the United
States; (ii) acts which, if done in Minnesota, would be criminal sexual conduct; assault; theft;
larceny; burglary; robbery; unlawful entry; extortion; defamation; buying or receiving stolen
property; using, possessing, manufacturing, or carrying weapons unlawfully; using, possessing,
or carrying burglary tools unlawfully; escape; possession, production, sale, or distribution of
narcotics unlawfully; or (iii) in any other country of acts which, if done in Minnesota, would be a
felony or would be any of the other offenses provided in this clause and for which a full pardon or
similar relief has not been granted;
(2) made any false statement in an application for a license or any document required to be
submitted to the board; or
(3) failed to demonstrate to the board good character, honesty, and integrity.
    Subd. 4. Business entity applicant. If the applicant for a license is a corporation or
partnership, one member of that corporation or partnership must meet the licensing requirements
in sections 326.32 to 326.339.
    Subd. 5. Nonresident applicant. If an applicant's home office is located outside of
Minnesota, and the applicant establishes a Minnesota office, the applicant shall provide a manager
for the Minnesota office who meets the licensing requirements in sections 326.32 to 326.339.
History: 1987 c 360 s 16; 1989 c 171 s 4,5
326.3382 APPLICATION FOR LICENSE.
    Subdivision 1. Application form. (a) Application for a private detective or protective
agent license shall be made on a form prescribed by the board. Each applicant shall provide
the following information:
(1) the full name, date of birth, and sex of each person signing the application, and the
residences of those persons for the past five years;
(2) all past and present occupations and employers, length of employment, and the name,
address, and telephone numbers of supervisors for all persons signing the application;
(3) the address or a description indicating the location of the place of business of the
applicant;
(4) a statement indicating that each person signing the application has attained the age of 18;
(5) if the applicant is a corporation, the name of the corporation, the date and place of
incorporation, and the location of its principal place of business or registered office in its state
of incorporation; and
(6) further facts as may be required by the board to show the good character, competency,
and integrity of each person signing the application; and
(b) each application shall be signed and acknowledged as follows:
(1) if the applicant is an individual, by the individual;
(2) if the applicant is a partnership, by each partner, one of whom must be a qualified
representative; or
(3) if the applicant is a corporation, by the chief executive officer, chief financial officer, and
the qualified representative of the corporation. If the principal place of the applicant's business is
outside Minnesota, the application shall also include the signature of the Minnesota manager.
    Subd. 2. Documents accompanying application. (a) Each individual signing the application
shall submit:
(1) references, on forms provided by the board, from five persons who have known the signer
for at least five years, and who are not related by blood or marriage to the signer; and
(2) a recent photograph and a full set of fingerprints for each person signing the application.
(b) If the application is for a private detective license, the individual signing the application
shall submit a statement under oath by a present or previous employer that the applicant for
an individual license, the qualified representative for a partnership or corporate license, or the
Minnesota manager, as appropriate, has been employed as an investigator for a minimum of
6,000 hours by any of the following:
(1) a licensed private detective agency;
(2) a United States government investigative service;
(3) a city police department or sheriff's office; or
(4) an occupation that, the board finds equivalent in scope, responsibility, and training to one
of the specific occupations listed;
and has the qualifications established in the rules of the board.
(c) If the application is for a protective agent license, each person signing the application
shall submit a statement under oath by a present or previous employer that the applicant for
an individual license, the qualified representative for a partnership or corporate license, or the
Minnesota manager has been employed as an investigator or protective agent for a minimum of
6,000 hours by any of the following:
(1) a licensed protective agent or licensed private detective, having gained experience in
security systems, audits, and supervision;
(2) a United States government investigative service;
(3) a city police department or sheriff's office; or
(4) an occupation that the board finds equivalent in scope, responsibility, and training to one
of the specific occupations listed;
and has the qualifications established in the rules of the board.
    Subd. 3. Proof of insurance. (a) No license may be issued to a private detective or protective
agent applicant until the applicant has complied with the requirements in this subdivision.
(b) The applicant shall execute a surety bond to the state of Minnesota in the penal sum of
$10,000 and file it with the board. The surety bond must be executed by a company authorized
to do business in the state of Minnesota, must name the applicant as principal, and must state
that the applicant and each of the applicant's employees shall faithfully observe all of the laws
of Minnesota and of the United States and shall pay all damages suffered by any person by
reason of a violation of law by the applicant or by the commission of any willful and malicious
wrong by the applicant in the course of business.
(c) The applicant shall furnish proof, acceptable to the board, of the applicant's ability
to respond in damages for liability on account of accidents or wrongdoings arising out of the
ownership and operation of a private detective or protective agent business. Compliance with
paragraph (d), (e), or (f) is satisfactory proof of financial responsibility for purposes of this
paragraph.
(d) The applicant may file with the board a certificate of insurance demonstrating coverage
for general liability, completed operations, and personal injury. Personal injury insurance must
include coverage for:
(1) false arrest, detention, imprisonment, and malicious prosecution;
(2) libel, slander, defamation, and violation of rights of privacy; and
(3) wrongful entry, eviction, and other invasion of rights of private occupancy.
The certificate must provide that the insurance may not be modified or canceled unless 30
days prior notice is given to the board.
(e) The applicant may file with the board an annual net worth statement, signed by a licensed
certified public accountant, evidencing that the applicant has a net worth of at least the following:
(1) for an applicant with no employees, $10,000;
(2) for an applicant with one to ten employees, $15,000;
(3) for an applicant with 11 to 25 employees, $25,000;
(4) for an applicant with 26 to 50 employees, $50,000; or
(5) for an applicant with 51 or more employees, $100,000.
Data indicating with which of the above requirements an applicant must comply is public
data. The contents of the net worth statement are private data on individuals or nonpublic data,
as defined in section 13.02.
(f) The applicant may file with the board an irrevocable letter of credit from a financial
institution acceptable to the board in the amount listed in the appropriate category in paragraph (e).
    Subd. 4. License disqualification. Unlicensed activity will not be considered as legitimate
experience for qualification in being licensed. An individual, partnership, corporation, qualified
representative, or Minnesota manager engaged in the business of a private detective or protective
agent without a license issued by the board is prohibited from applying for licensing for a period
of one year from the date of a finding of the violation.
    Subd. 5. Special protective agent classification. The board shall establish a special
protective agent license classification that provides that a person described in section 326.338,
subdivision 4
, clause (4), who is otherwise qualified under this section need not meet the
requirements of subdivision 2, paragraph (c).
History: 1987 c 360 s 17; 2005 c 136 art 8 s 11
326.3383 LICENSE REISSUANCE.
    Subdivision 1. Requirements. The board shall reissue a private detective or protective agent
license to a license holder without further board review, if the license holder who has complied
with all applicable laws and rules:
(1) submits to the board an application for license reissuance on a form prescribed by the
board;
(2) submits to the board a list of all current employees; and
(3) remits the expired license to the board.
    Subd. 2. Appearance. Nothing in this section shall preclude the board from requiring the
appearance of the license holder at a board meeting prior to the reissuance of the license.
    Subd. 3. Bond and proof of financial responsibility. Each applicant for license reissuance
shall maintain a $10,000 surety bond, and show proof of financial responsibility as required
in section 326.3382, subdivision 3.
History: 1987 c 360 s 18
326.3384 PROHIBITED ACTS.
    Subdivision 1. Prohibition. No license holder or employee of a license holder shall, in a
manner that implies that the person is an employee or agent of a governmental agency, display on
a badge, identification card, emblem, vehicle, uniform, stationery, or in advertising for private
detective or protective agent services:
(1) the words "public safety," "police," "highway patrol," "state patrol," "sheriff," "trooper,"
or "law enforcement"; or
(2) the name of a municipality, county, state, or of the United States, or any governmental
subdivision thereof.
    Subd. 1a. Labor disputes. No license holder, in the course of providing protective agent
services, may provide armed protective personnel to labor disputes or strike locations. This
subdivision does not apply to the use of armed security personnel services utilized in the usual
course of business for the protection of persons, property, and payroll.
    Subd. 1b. Acts prohibited during labor disputes, strikes, and lockouts. (a) This
subdivision applies to (1) a license holder or an employee of a license holder who is primarily
performing the duties of a protective agent; or (2) a security guard who is primarily performing
the duties of a security guard.
(b) A person described in paragraph (a) is prohibited from doing any of the activities
described in clauses (1) to (5) during a labor dispute, strike, or lockout as defined in section
179.01, subdivisions 7, 8, and 9:
(1) inciting, encouraging, or aiding in the incitement or encouragement of any participant
to do unlawful acts against the person or property of anyone;
(2) photographing a participant when neither that person nor the photographer is on the
premises being protected by the persons described in paragraph (a);
(3) stopping or detaining any vehicle unless the vehicle is on premises being protected by the
persons described in paragraph (a);
(4) conducting surveillance of participants, when neither the participant nor the person
conducting the surveillance is on the premises being protected by the person described in
paragraph (a), or of their businesses, or homes; or
(5) any other activities that are outside of the scope of the duties described in sections
326.32, subdivision 13, and 326.338, subdivision 4, and have the purpose of intimidating or
provoking a participant.
    Subd. 2. Penalty. (a) A person violating this section is guilty of a gross misdemeanor.
(b) The board shall suspend the license of a license holder for the periods described in
paragraph (c) if the license holder or an employee of the license holder is convicted of a violation
of subdivision 1b. The board shall prohibit an employee of a license holder from working for
any license holder for the periods described in paragraph (c) if the employee is convicted of a
violation of subdivision 1b.
(c) The periods described in paragraph (b) are as follows:
(1) 60 days for the first violation;
(2) six months for the second violation; and
(3) one year for the third violation.
History: 1987 c 360 s 19; 1989 c 171 s 6,7; 1990 c 485 s 3,4; 2005 c 10 art 2 s 4; 2005 c
136 art 11 s 16
326.3385 CONDITIONS OF LICENSING.
    Subdivision 1. Notice of address change. A license holder who moves to an address other
than that given on the license certificate shall give written notice to the board within seven days of
the move. The notice shall give the new address or location, the date the move was made, and
be accompanied by the license, at which time a new license will be made showing the new
address or location.
    Subd. 2. Notice of successor. A corporate or partnership license holder shall, within seven
days of the death, resignation, or removal of a person signing the license application, give written
notice to the board of the change and the name and address of the successor in the vacated position.
Within seven days of the death, resignation, or removal of a person signing the license
application for a partnership or corporate license holder, the successor qualified representative,
partner, Minnesota manager, chief executive officer, or chief financial officer who shall qualify
under the same procedure and criteria, and submit the documents required, as for an original
application.
    Subd. 3. Surrender of license. Every license issued to a license holder shall be surrendered
to the board within seven days after its expiration, or upon notice to a license holder that a license
has been revoked or suspended. If the license cannot be returned, a notarized statement indicating
the circumstances shall be submitted to the board.
    Subd. 4. Penalty. Failure to comply with the provisions of subdivision 1, 2, or 3 may result
in the revocation or suspension of the license, or the imposition of an administrative penalty.
History: 1987 c 360 s 20
326.3386 FEES.
    Subdivision 1. Application fee. Each applicant for a private detective or protective agent
license shall pay to the board a nonrefundable application fee, as determined by the board.
    Subd. 2. License fee. Each applicant for a private detective or protective agent license shall
pay to the board a license fee, as determined by the board. In the event that an applicant is denied
licensing by the board, one-half of the license fee shall be refunded to the applicant.
    Subd. 3. Designation fee. When a licensed private detective or protective agent who is a
partnership or corporation, desires to designate a new qualified representative or Minnesota
manager, a fee equal to one-half of the license fee shall be submitted to the board.
    Subd. 4. Status fee. At the time a licensed private detective or protective agent wishes to
change a license status, as in the case of an individual license holder establishing a corporation,
the difference between the individual license fee and the corporate license fee shall be paid to
the board.
    Subd. 5. Reissuance fee. License holders seeking license reissuance shall pay to the board a
license reissuance fee as determined by the board.
    Subd. 6. Business or division fee. If a private detective or protective agent license holder
wishes to add additional business names or corporate division names to an existing license, the
license holder shall be required to pay a fee as determined by the board.
    Subd. 6a. Training course certification fee. An applicant for training course certification,
as specified in section 326.3361, shall pay to the board a course certification fee determined by
the board.
    Subd. 6b. Training course recertification fee. An applicant for training course recertification
shall pay to the board a course recertification fee determined by the board.
    Subd. 7. Rules. All fees authorized by this section shall be established by rule by the board.
All fees paid to the board shall be paid to the general fund. The cost of administering sections
326.32 to 326.339, shall be paid from appropriations made to the board.
History: 1987 c 360 s 21; 1997 c 239 art 8 s 25-27
326.3387 DISCIPLINARY ACTION.
    Subdivision 1. Basis for action. The board may revoke or suspend or refuse to issue or
reissue a private detective or protective agent license if:
(a) the license holder violates a provision of sections 326.32 to 326.339 or a rule adopted
under those sections;
(b) the license holder has engaged in fraud, deceit, or misrepresentation while in the business
of private detective or protective agent;
(c) the license holder has made a false statement in an application submitted to the board or
in a document required to be submitted to the board; or
(d) the license holder violates an order of the board.
    Subd. 2. Hearing required. The board may impose the following penalties only after a
contested case hearing under chapter 14:
(a) revoke or suspend a private detective or protective agent license; or
(b) impose an administrative penalty in excess of $500.
History: 1987 c 360 s 22
326.3388 ADMINISTRATIVE PENALTIES.
The board shall, by rule, establish a graduated schedule of administrative penalties for
violations of sections 326.32 to 326.339 or the board's rules. The schedule must include minimum
and maximum penalties for each violation and be based on and reflect the culpability, frequency,
and severity of the violator's actions. The board may impose a penalty from the schedule on a
license holder for a violation of sections 326.32 to 326.339 or the rules of the board. The penalty
is in addition to any criminal penalty imposed for the same violation. Administrative penalties
imposed by the board must be paid to the general fund.
History: 1987 c 360 s 23
326.3389 LICENSES NONTRANSFERABLE.
A license issued under sections 326.32 to 326.339 may not be transferred.
History: 1987 c 360 s 24
326.339 VIOLATIONS; PENALTY.
Unless otherwise specifically provided any violation of any provision or requirement of
sections 326.32 to 326.339 is a gross misdemeanor.
History: 1945 c 130 s 10; 1974 c 310 s 10; 1987 c 360 s 25
326.34-326.36 [Repealed, 1945 c 130 s 1]

PLUMBERS

326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY STANDARDS;
LICENSE EXEMPTION.
    Subdivision 1. Rules. The Plumbing Board may, by rule, prescribe minimum standards
which shall be uniform and which shall be effective for all new plumbing installations, including
additions, extensions, alterations, and replacements connected with any water or sewage disposal
system owned or operated by or for any municipality, institution, factory, office building, hotel,
apartment building, or any other place of business regardless of location or the population
of the city or town in which the installation is to be located. Notwithstanding the provisions
of Minnesota Rules, part 4715.3130, as they apply to review of plans and specifications, the
commissioner may allow plumbing construction, alteration, or extension to proceed without
approval of the plans or specifications by the commissioner.
    Except for powers granted to the Plumbing Board, the commissioner of labor and industry
shall administer the provisions of sections 326.361 to 326.44 and for such purposes may employ
plumbing inspectors and other assistants.
    Subd. 1a. Agreements with municipalities. The commissioner may enter into an agreement
with a municipality, in which the municipality agrees to perform plan and specification reviews
required to be performed by the commissioner under Minnesota Rules, part 4715.3130, if:
    (a) the municipality has adopted:
    (1) the plumbing code;
    (2) an ordinance that requires plumbing plans and specifications to be submitted to, reviewed,
and approved by the municipality, except as provided in paragraph (h);
    (3) an ordinance that authorizes the municipality to perform inspections required by the
plumbing code; and
    (4) an ordinance that authorizes the municipality to enforce the plumbing code in its entirety,
except as provided in paragraph (p);
    (b) the municipality agrees to review plumbing plans and specifications for all construction
for which the plumbing code requires the review of plumbing plans and specifications, except as
provided in paragraph (n);
    (c) the municipality agrees that, when it reviews plumbing plans and specifications under
paragraph (b), the review will:
    (1) reflect the degree to which the plans and specifications affect the public health and
conform to the provisions of the plumbing code;
    (2) ensure that there is no physical connection between water supply systems that are safe for
domestic use and those that are unsafe for domestic use; and
    (3) ensure that there is no apparatus through which unsafe water may be discharged or
drawn into a safe water supply system;
    (d) the municipality agrees to perform all inspections required by the plumbing code in
connection with projects for which the municipality reviews plumbing plans and specifications
under paragraph (b);
    (e) the commissioner determines that the individuals who will conduct the inspections and
the plumbing plan and specification reviews for the municipality do not have any conflict of
interest in conducting the inspections and the plan and specification reviews;
    (f) individuals who will conduct the plumbing plan and specification reviews for the
municipality are:
    (1) licensed master plumbers;
    (2) licensed professional engineers; or
    (3) individuals who are working under the supervision of a licensed professional engineer
or licensed master plumber and who are licensed master or journeyman plumbers or hold a
postsecondary degree in engineering;
    (g) individuals who will conduct the plumbing plan and specification reviews for the
municipality have passed a competency assessment required by the commissioner to assess the
individual's competency at reviewing plumbing plans and specifications;
    (h) individuals who will conduct the plumbing inspections for the municipality are licensed
master or journeyman plumbers, or inspectors meeting the competency requirements established
in rules adopted under section 16B.655;
    (i) the municipality agrees to enforce in its entirety the plumbing code on all projects, except
as provided in paragraph (p);
    (j) the municipality agrees to keep official records of all documents received, including
plans, specifications, surveys, and plot plans, and of all plan reviews, permits and certificates
issued, reports of inspections, and notices issued in connection with plumbing inspections and the
review of plumbing plans and specifications;
    (k) the municipality agrees to maintain the records described in paragraph (j) 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 at the request of the
commissioner;
    (l) the municipality and the commissioner agree that if at any time during the agreement the
municipality does not have in effect the plumbing code or any of ordinances described in item
(a), or if the commissioner determines that the municipality is not properly administering and
enforcing the plumbing code 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;
    (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 is pending under item (2), the commissioner shall perform plan and
specification reviews within the municipality under Minnesota Rules, part 4715.3130;
    (m) 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;
    (n) the municipality and the commissioner agree that the municipality shall forward to the
state for review all plumbing plans and specifications for the following types of projects within
the municipality:
    (1) hospitals, nursing homes, supervised living facilities, and similar health-care-related
facilities regulated by the Minnesota Department of Health;
    (2) buildings owned by the federal or state government; and
    (3) projects of a special nature for which department review is requested by either the
municipality or the state;
    (o) where the municipality forwards to the state for review plumbing plans and specifications,
as provided in paragraph (n), the municipality shall not collect any fee for plan review, and the
commissioner shall collect all applicable fees for plan review; and
    (p) no municipality shall revoke, suspend, or place restrictions on any plumbing license
issued by the state.
    Subd. 1b. Existing agreements with municipalities. Any agreement between the
commissioner and a municipality in which the municipality has agreed to perform plan and
specification reviews required to be performed by the commissioner under Minnesota Rules, part
4715.3130, that is in effect on December 1, 2007, shall remain in effect and shall not be required to
be in compliance with subdivision 1a. If any agreement to perform plan and specification reviews
required to be performed by the commissioner under Minnesota Rules, part 4715.3130, in effect on
December 1, 2007, is later terminated by operation of the terms of the agreement or by either the
commissioner or the municipality, or expires, then any new agreement between the commissioner
and the municipality to perform plan and specification reviews required to be performed by the
commissioner under Minnesota Rules, part 4715.3130, shall comply with subdivision 1a.
    Subd. 2. Standards for capacity. All new floor-mounted water closets in areas under
jurisdiction of the plumbing code may not have a flush volume of more than 1.6 gallons. The
water closets must meet the standards in the plumbing code and the standards of the American
National Standards Institute.
    Subd. 3. Exemption. No license or registration authorized by sections 326.361 to 326.44
shall be required of any individual engaged in or employed by a person engaged in the work or
business of pipe laying outside of buildings if such individual or employer is engaged in a business
or trade which has traditionally performed such work within the state prior to January 1, 1994.
    Subd. 4. Air admittance valves and water-free urinals prohibited. (a) Mechanical devices
and fittings with internal moving parts are prohibited from installation in plumbing venting
systems.
    (b) All urinals covered under the jurisdiction of the State Plumbing Code must have a water
flush device with a volume of not more than one gallon per use.
History: (5887-19) 1933 c 349 s 1; 1937 c 370 s 1; 1973 c 123 art 5 s 7; 1975 c 136 s 66;
1977 c 305 s 45; 1990 c 597 s 57; 1993 c 206 s 20; 1996 c 439 art 4 s 1; 1997 c 203 art 2 s 28;
2007 c 135 art 3 s 19,20; 2007 c 140 art 6 s 4
326.3705 PLUMBING BOARD.
    Subdivision 1. Composition. (a) The Plumbing Board shall consist of 14 members. Twelve
members shall be appointed by the governor with the advice and consent of the senate and shall
be voting members. Appointments of members by the governor shall be made in accordance with
section 15.066. If the senate votes to refuse to consent to an appointment of a member made by
the governor, the governor shall appoint a new member with the advice and consent of the senate.
One member shall be the commissioner of labor and industry or the commissioner of labor and
industry's designee, who shall be a voting member. One member shall be the commissioner of
health or the commissioner of health's designee, who shall not be a voting member. Of the 12
appointed members, the composition shall be as follows:
    (1) two members shall be municipal plumbing inspectors, one from the metropolitan area
and one from greater Minnesota;
    (2) one member shall be a licensed professional engineer specializing in plumbing designs
or systems;
    (3) two members shall be commercial/industrial plumbing contractors, one from the
metropolitan area and one from greater Minnesota;
    (4) one member shall be a residential plumbing contractor;
    (5) two members shall be commercial/industrial journeymen, one from the metropolitan
area and one from greater Minnesota;
    (6) one member shall be a residential plumbing journeyman;
    (7) one member shall be a water conditioning contractor;
    (8) one member shall be a municipal public water supply system operator or superintendent;
and
    (9) one member shall be a public member as defined by section 214.02.
One of the municipal plumbing inspectors shall be appointed for an initial term to end on
December 31, 2010. The other municipal plumbing inspector shall be appointed for an initial
term to end on December 31, 2011. The professional engineer shall be appointed for an initial
term to end on December 31, 2011. One of the commercial/industrial plumbing contractors shall
be appointed for an initial term to end on December 31, 2010. The other commercial/industrial
plumbing contractor shall be appointed for an initial term to end on December 31, 2011. The
residential plumbing contractor shall be appointed for an initial term to end on December 31,
2010. One of the commercial/industrial plumbing journeymen shall be appointed for an initial
term to end on December 31, 2011. The other commercial/industrial plumbing journeyman
shall be appointed for an initial term to end on December 31, 2010. The residential plumbing
journeyman shall be appointed for an initial term to end on December 31, 2011. The water
conditioning contractor shall be appointed for an initial term to end on December 31, 2011.
The municipal public water supply system operator or superintendent shall be appointed for an
initial term to end on December 31, 2010. The public member shall be appointed for a term
to end December 31, 2010.
    (b) The licensed professional engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of their term. All other appointed
members, except for the water conditioning contractor and the municipal public water supply
system operator or superintendent, must possess a current plumbing license issued by the
Department of Labor and Industry and maintain that license for the duration of their term.
The water conditioning contractor must be licensed as a water conditioning contractor by the
Department of Labor and Industry and maintain the license for the duration of the term on the
board. All appointed members must be residents of Minnesota at the time of and throughout the
member's appointment. The term of any appointed member that does not maintain membership
qualification status shall end on the date of the status change and the governor shall appoint a new
member. It is the responsibility of the member to notify the board of the member's status change.
    (c) For appointed members, except the initial terms designated in paragraph (a), each term
shall be three years with the terms ending on December 31. Members appointed by the governor
shall be limited to three consecutive terms. The governor shall, all or in part, reappoint the current
members or appoint replacement members with the advice and consent of the senate. Midterm
vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than
six months time remaining in the term shall be filled for the existing term and the following
three-year term. Members may serve until their successors are appointed but in no case later than
July 1 in a year in which the term expires unless reappointed.
    Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
    (1) elect its chair, vice-chair, and secretary;
    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, and
containing such other provisions as may be useful and necessary for the efficient conduct of
the business of the board;
    (3) adopt the plumbing code that must be followed in this state and any plumbing code
amendments thereto. The board shall adopt the plumbing code and any amendments thereto
pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b), (c), and (d);
    (4) review requests for final interpretations and issue final interpretations as provided in
section 16B.63, subdivision 5;
    (5) except for rules regulating continuing education, adopt rules that regulate the licensure
or registration of plumbing contractors, journeymen, apprentices, master plumbers, restricted
master plumbers, and restricted journeymen and other persons engaged in the design, installation,
and alteration of plumbing systems, except for those individuals licensed under section 326.02,
subdivisions 2
and 3. The board shall adopt these rules pursuant to chapter 14 and as provided in
subdivision 6, paragraphs (e) and (f);
    (6) advise the commissioner regarding educational requirements for plumbing inspectors;
    (7) refer complaints or other communications to the commissioner, whether oral or written,
as provided in subdivision 7, that allege or imply a violation of a statute, rule, or order that the
commissioner has the authority to enforce pertaining to code compliance, licensure, or an offering
to perform or performance of unlicensed plumbing services;
    (8) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
    (9) approve license reciprocity agreements;
    (10) select from its members individuals to serve on any other state advisory council,
board, or committee; and
    (11) recommend the fees for licenses and certifications.
Except for the powers granted to the Plumbing Board, the Board of Electricity, and the Board
of High Pressure Piping Systems, the commissioner of labor and industry shall administer and
enforce the provisions of this chapter and any rules promulgated pursuant thereto.
    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
    (c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards created pursuant to
chapter 326B. The commissioner shall provide staff support to the board. The support includes
professional, legal, technical, and clerical staff necessary to perform rulemaking and other duties
assigned to the board. The commissioner of labor and industry shall supply necessary office space
and supplies to assist the board in its duties.
    Subd. 3. Compensation. (a) Members of the board may be compensated at a rate of $55 a
day spent on board activities, when authorized by the board, plus expenses in the same manner
and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision
2
. Members who, as a result of time spent attending board meetings, incur child care expenses
that would not otherwise have been incurred, may be reimbursed for those expenses upon
board authorization.
    (b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
    (c) The board shall adopt internal standards prescribing what constitutes a day spent on board
activities for purposes of making daily payments under this subdivision.
    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be removed
by the governor at any time (1) for cause, after notice and hearing, or (2) after missing three
consecutive meetings. The chair of the board shall inform the governor of an appointed member
missing the three consecutive meetings. After the second consecutive missed meeting and before
the next meeting, the secretary of the board shall notify the appointed member in writing that the
member may be removed for missing the next meeting. In the case of a vacancy on the board, the
governor shall, with the advice and consent of the senate, appoint a person to fill the vacancy for
the remainder of the unexpired term.
    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
    Subd. 5. Membership vacancies within three months of appointment. Notwithstanding
any law to the contrary, when a membership on the board becomes vacant within three months
after being filled through the appointments process, the governor may, upon notification to the
office of secretary of state, choose a new member from the applications on hand and need not
repeat the process.
    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its members a
chair, vice-chair, and secretary. A quorum of the board shall consist of a majority of members
of the board qualified to vote on the matter in question. All questions concerning the manner in
which a meeting is conducted or called that is not covered by statute shall be determined by
Robert's Rules of Order (revised) unless otherwise specified by the bylaws.
    (b) Except as provided in paragraph (c), each plumbing code amendment considered by the
board that receives an affirmative two-thirds or more majority vote of all of the voting members
of the board shall be included in the next plumbing code rulemaking proceeding initiated by the
board. If a plumbing code amendment considered, or reconsidered, by the board receives less than
a two-thirds majority vote of all the voting members of the board, the plumbing code amendment
shall not be included in the next plumbing code rulemaking proceeding initiated by the board.
    (c) If the plumbing code amendment considered by the board is to replace the Minnesota
Plumbing Code with a model plumbing code, then the amendment may only be included in
the next plumbing code rulemaking proceeding if it receives an affirmative two-thirds or more
majority vote of all the voting members of the board.
    (d) The board may reconsider plumbing code amendments during an active plumbing code
rulemaking proceeding in which the amendment previously failed to receive a two-thirds majority
vote or more of all the voting members of the board only if new or updated information that
affects the plumbing code amendment is presented to the board. The board may also reconsider
failed plumbing code amendments in subsequent plumbing code rulemaking proceedings.
    (e) Each proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
affirmative majority vote of all the voting members of the board shall be included in the next
rulemaking proceeding initiated by the board. If a proposed rule or rule amendment considered,
or reconsidered, by the board receives less than an affirmative majority vote of all the voting
members of the board, the proposed rule or rule amendment shall not be included in the next
rulemaking proceeding initiated by the board.
    (f) The board may reconsider proposed rules or rule amendments during an active rulemaking
proceeding in which the amendment previously failed to receive an affirmative majority vote of
all the voting members of the board only if new or updated information that affects the proposed
rule or rule amendment is presented to the board. The board may also reconsider failed proposed
rules or rule amendments in subsequent rulemaking proceedings.
    Subd. 6a. Board meetings. (a) The board shall hold meetings at such times as the board
shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D and in such a
manner as the bylaws may provide.
    (b) If compliance with section 13D.02 is impractical, the board may conduct a meeting of its
members by telephone or other electronic means so long as the following conditions are met:
    (1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
    (2) members of the public present at the regular meeting location of the board can hear
clearly all discussion and testimony and all votes of members of the board and, if needed, receive
those services required by sections 15.44 and 15.441;
    (3) at least one member of the board is physically present at the regular meeting location; and
    (4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
Each member of the board participating in a meeting by telephone or other electronic means is
considered present at the meeting for purposes of determining a quorum and participating in
all proceedings.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board, to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The board may require the person making such a connection
to pay for documented costs that the board incurs as a result of the additional connection.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and that a person may
monitor the meeting electronically from a remote location. Any person monitoring the meeting
electronically from a remote location may be required to pay documented costs incurred by the
board as a result of the additional connection. The timing and method of providing notice is
governed by section 13D.04.
    Subd. 7. Complaints. (a) The board shall promptly forward to the commissioner the
substance of any complaint or communication it receives, whether written or oral, that alleges or
implies a violation of a statute, rule, or order that the commissioner has the authority to enforce
pertaining to the license or registration of any person authorized by the department to provide
plumbing services, the performance or offering to perform plumbing services requiring licensure
by an unlicensed person, or plumbing code compliance. Each complaint or communication that is
forwarded to the commissioner shall be submitted on a form provided by the commissioner.
    (b) The commissioner shall advise the board of the status of the complaint within 90 days
after the board's written submission is received, or within 90 days after the board is provided
with a written request for additional information or documentation from the commissioner or
the commissioner's designee, whichever is later. The commissioner shall advise the board of
the disposition of a complaint referred by the board within 180 days after the board's written
submission is received. The commissioner shall annually report to the board a summary of the
actions taken in response to complaints referred by the board.
    Subd. 8. Data Practices Act. The board is subject to chapter 13, the Minnesota Government
Data Practices Act, and shall protect from unlawful disclosure data classified as not public.
    Subd. 9. Official records. The board shall make and preserve all records necessary to a full
and accurate knowledge of its official activities in accordance with section 15.17.
History: 2007 c 140 art 6 s 5
326.371 BAN ON LEAD IN PLUMBING.
Lead pipe, solders and flux containing more than 0.2 percent lead, and pipes and pipe fittings
containing more than eight percent lead shall not be used in any plumbing installation which
conveys a potable water supply. A Minnesota seller of lead solder, except for a seller whose
primary business is contracting in plumbing, heating, and air conditioning, shall not sell any
solder containing 0.2 percent lead unless the seller displays a sign which states,
"Contains Lead
Minnesota law prohibits the use of this solder in any
plumbing installation which is connected to a potable water
supply."
History: 1985 c 279 s 2; 1988 c 689 art 2 s 232
326.372 PLUMBING BOARD.
    Subdivision 1. Composition. (a) The Plumbing Board shall consist of 13 members. Eleven
members shall be appointed by the governor with the advice and consent of the senate and shall
be voting members. Appointments of members by the governor shall be made in accordance with
section 15.066. If the senate votes to refuse to consent to an appointment of a member made by
the governor, the governor shall appoint a new member with the advice and consent of the senate.
One member shall be the commissioner of labor and industry or the designee, who shall be a
voting member. One member shall be the commissioner of health or the designee, who shall not
be a voting member. Of the 11 appointed members, the composition shall be as follows:
    (1) two members shall be municipal plumbing inspectors, one from the metropolitan area
and one from greater Minnesota;
    (2) one member shall a be licensed professional engineer specializing in plumbing designs
or systems;
    (3) two members shall be commercial/industrial plumbing contractors, one from the
metropolitan area and one from greater Minnesota;
    (4) one member shall be a residential plumbing contractor;
    (5) two members shall be commercial/industrial journeymen, one from the metropolitan
area and one from greater Minnesota;
    (6) one member shall be a residential plumbing journeyman;
    (7) one member shall be a water conditioning contractor; and
    (8) one member shall be a municipal public water supply system operator or superintendent.
    One of the municipal plumbing inspectors shall be appointed for an initial term to end on
December 31, 2010, and one municipal plumbing inspector shall be appointed for an initial term
to end on December 31, 2011. The professional engineer shall be appointed for an initial term
to end on December 31, 2011. One of the commercial/industrial plumbing contractors shall
be appointed for an initial term to end on December 31, 2010, and one commercial/industrial
plumbing contractor shall be appointed for an initial term to end on December 31, 2011. The
residential plumbing contractor shall be appointed for an initial term to end on December 31,
2010. One of the commercial/industrial plumbing journeymen shall be appointed for an initial
term to end on December 31, 2011, and one commercial/industrial plumbing journeyman shall be
appointed for an initial term to end on December 31, 2010. The residential plumbing journeyman
shall be appointed for an initial term to end on December 31, 2011. The water conditioning
contractor shall be appointed for an initial term to end on December 31, 2010. The municipal
public water supply system operator or superintendent shall be appointed for an initial term to
end on December 31, 2011.
    (b) The licensed professional engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of the term served on the board.
All other appointed members, except the water conditioning contractor and the municipal public
water supply system operator or superintendent, must possess a current plumbing license issued
by the Department of Labor and Industry and maintain that license for the duration of their
terms. The water conditioning contractor must be licensed as a water conditioning contractor by
the department and maintain the license for the duration of the term served on the board. All
appointed members must be residents of Minnesota at the time of and throughout their terms.
The term of any appointed member who does not maintain membership qualification status shall
end on the date of status change and the governor shall appoint a replacement member. It is the
responsibility of the member to notify the board of a change in the member's status.
    (c) For appointed members, except the initial terms designated in paragraph (a), each term
shall be three years with the terms ending on the first Monday in January. Members appointed
by the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and consent of
the senate. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
occurring with less than six months time remaining in the term shall be filled for the existing term
and the following three-year term. Members may serve until successors are appointed but in no
case later than July 1 in a year in which the term expires unless reappointed.
    Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
    (1) elect its chair, vice-chair, and secretary;
    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, and
contain such other provisions as may be useful and necessary for the efficient conduct of the
business of the board;
    (3) adopt the Plumbing Code that must be followed in this state and any Plumbing Code
amendments thereto. The board shall adopt the Plumbing Code and any amendments thereto
pursuant to chapter 14, and as provided in subdivision 6, paragraphs (b), (c), and (d);
    (4) review requests for final interpretations and issue final interpretations as provided in
section 16B.63, subdivision 5;
    (5) except for rules regulating continuing education, adopt rules that regulate the licensure
or registration of plumbing contractors, journeymen, apprentices, master plumbers, restricted
master plumbers, and restricted journeymen and other persons engaged in the design, installation,
and alteration of plumbing systems, except for those individuals licensed under section 326.02,
subdivisions 2
and 3. The board shall adopt these rules pursuant to chapter 14 and as provided in
subdivision 6, paragraphs (e) and (f);
    (6) advise the commissioner regarding educational requirements for plumbing inspectors;
    (7) refer complaints or other communications, whether oral or written, that allege or imply a
violation of a statute, rule, or order that the commissioner has the authority to enforce pertaining
to code compliance, licensure, or an offering to perform or performance of unlicensed plumbing
services to the commissioner under subdivision 8;
    (8) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
    (9) approve license reciprocity agreements;
    (10) select from its members individuals to serve on any other state advisory council,
board, or committee; and
    (11) recommend the fees for licenses and certifications.
    Except for the powers granted to the Plumbing Board, the commissioner of labor and
industry shall administer and enforce the provisions of sections 326.37 to 326.45 and any rules
promulgated pursuant thereto.
    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
    (c) The commissioner shall coordinate the board's rulemaking and recommendations with the
recommendations and rulemaking conducted by the other boards. The commissioner shall provide
staff support to the board. The support includes professional, legal, technical, and clerical staff
necessary to perform rulemaking and other duties assigned to the board. The commissioner of
labor and industry shall supply necessary office space and supplies to assist the board in its duties.
    Subd. 3. Compensation. (a) Members of the board may be compensated at the rate of
$55 a day spent on board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2
. Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
    (b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
    (c) The board shall adopt internal standards prescribing what constitutes a day spent on board
activities for purposes of making daily payments under this subdivision.
    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be removed
by the governor at any time (1) for cause, after notice and hearing, or (2) after missing three
consecutive meetings. The chair of the board shall inform the governor of an appointed member
missing three consecutive meetings. After the second consecutive missed meeting and before the
next meeting, the secretary of the board shall notify the appointed member in writing that the
member may be removed for missing the next meeting. In the case of a vacancy on the board, the
governor shall, with the advice and consent of the senate, appoint a person to fill the vacancy for
the remainder of the unexpired term.
    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
    Subd. 5. Membership vacancies within three months of appointment. Notwithstanding
any law to the contrary, when a seat on the board becomes vacant within three months after
being filled through the appointment process, the governor may, upon notification to the Office
of the Secretary of State, choose a new member from the applications on hand and need not
repeat the process.
    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its members a
chair, vice-chair, and secretary. A quorum of the board shall consist of a majority of members
of the board qualified to vote on the matter in question. All questions concerning the manner in
which a meeting is conducted or called that are not covered by statute shall be determined by
Robert's Rules of Order (revised) unless otherwise specified by the bylaws.
    (b) Except as provided in paragraph (c), each Plumbing Code amendment considered by the
board that receives an affirmative two-thirds or more majority vote of all of the voting members
of the board shall be included in the next Plumbing Code rulemaking proceeding initiated by the
board. If a Plumbing Code amendment considered, or reconsidered, by the board receives less
than a two-thirds majority vote of all of the voting members of the board, the Plumbing Code
amendment shall not be included in the next Plumbing Code rulemaking proceeding initiated by
the board.
    (c) If the Plumbing Code amendment considered by the board is to replace the Minnesota
Plumbing Code with a model Plumbing Code, then the amendment may only be included in the
next Plumbing Code rulemaking proceeding if it receives an affirmative two-thirds or more
majority vote of all of the voting members of the board.
    (d) The board may reconsider Plumbing Code amendments during an active Plumbing Code
rulemaking proceeding in which the amendment previously failed to receive a two-thirds majority
vote or more of all of the voting members of the board only if new or updated information that
affects the Plumbing Code amendment is presented to the board. The board may also reconsider
failed Plumbing Code amendments in subsequent Plumbing Code rulemaking proceedings.
    (e) Except as provided in paragraph (f), each proposed rule and rule amendment considered
by the board pursuant to the rulemaking authority specified in subdivision 2, paragraph (a),
clauses (5) and (6), that receives an affirmative majority vote of all of the voting members of the
board shall be included in the next rulemaking proceeding initiated by the board. If a proposed
rule or rule amendment considered, or reconsidered, by the board receives less than an affirmative
majority vote of all of the voting members of the board, the proposed rule or rule amendment
shall not be included in the next rulemaking proceeding initiated by the board.
    (f) The board may reconsider a proposed rule or rule amendment during an active rulemaking
proceeding in which the amendment previously failed to receive an affirmative majority vote
of all of the voting members of the board only if new or updated information that affects the
proposed rule or rule amendment is presented to the board. The board may also reconsider a failed
proposed rule or rule amendment in subsequent rulemaking proceedings.
    Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the board
shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D and in such a
manner as the bylaws may provide.
    (b) If compliance with section 13D.02 is impractical, the board may conduct a meeting of its
members by telephone or other electronic means so long as the following conditions are met:
    (1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
    (2) members of the public present at the regular meeting location of the board can hear
clearly all discussion and testimony and all votes of members of the board and, if needed, receive
those services required by sections 15.44 and 15.441;
    (3) at least one member of the board is physically present at the regular meeting location; and
    (4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
    Each member of the board participating in a meeting by telephone or other electronic means
is considered present at the meeting for purposes of determining a quorum and participating in
all proceedings.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board, to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The board may require the person making such a connection
to pay for documented costs that the board incurs as a result of the additional connection.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and that a person may monitor
the meeting electronically from a remote location. The timing and method of providing notice is
governed by section 13D.04.
    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner the
substance of any complaint or communication it receives, whether written or oral, that alleges or
implies a violation of a statute, rule, or order that the commissioner has the authority to enforce
pertaining to the license or registration of any person authorized by the department to provide
plumbing services, the performance or offering to perform plumbing services requiring licensure
by an unlicensed person, or Plumbing Code compliance. Each complaint or communication that is
forwarded to the commissioner shall be submitted on a form provided by the commissioner.
    (b) The commissioner shall advise the board of the status of a complaint within 90 days
after the board's written submission is received, or within 90 days after the board is provided
with a written request for additional information or documentation from the commissioner or
the commissioner's designee, whichever is later. The commissioner shall advise the board of
the disposition of a complaint referred by the board within 180 days after the board's written
submission is received. The commissioner shall annually report to the board a summary of the
actions taken in response to complaints referred by the board.
    Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota Government
Data Practices Act, and shall protect from unlawful disclosure data classified as not public.
    Subd. 10. Official records. The board shall make and preserve all records necessary to a full
and accurate knowledge of its official activities in accordance with section 15.17.
History: 2007 c 135 art 3 s 21
326.38 LOCAL REGULATIONS.
     Any of the following entities may, by ordinance, adopt local regulations providing for
plumbing permits, approval of plans and specifications, and inspections of plumbing, which
regulations are not in conflict with the plumbing code: any city having a system of waterworks or
sewerage, regardless of population; any town having a population of 5,000 or more according
to the last federal census, exclusive of any statutory cities located therein; and the Metropolitan
Airports Commission. No such entity shall prohibit plumbers licensed by the commissioner from
engaging in or working at the business of plumbing, except cities and statutory cities which, prior
to April 21, 1933, by ordinance required the licensing of plumbers. No such entity shall require
any person who engages in the business of plumbing to post a bond as a prerequisite for engaging
in the business of plumbing, except the bond to the state required under section 326.40 and
except any performance bond required under a contract with the person for the performance of
plumbing work for the entity. No such entity shall require any person who engages in the business
of plumbing to maintain public liability insurance as a prerequisite for engaging in the business
of plumbing, except the insurance required under section 326.40 and except any public liability
insurance required under a contract with the person for the performance of plumbing work for
the entity. No city or town may require a license for persons performing building sewer or water
service installation who have completed pipe laying training as prescribed by the commissioner of
labor and industry. Any city by ordinance may prescribe regulations, reasonable standards, and
inspections and grant permits to any person engaged in the business of installing water softeners,
who is not licensed as a master plumber or journeyman plumber by the commissioner, to connect
water softening and water filtering equipment to private residence water distribution systems,
where provision has been previously made therefor and openings left for that purpose or by use of
cold water connections to a domestic water heater; where it is not necessary to rearrange, make
any extension or alteration of, or addition to any pipe, fixture or plumbing connected with the
water system except to connect the water softener, and provided the connections so made comply
with minimum standards prescribed by the Plumbing Board.
History: (5887-20) 1933 c 349 s 2; 1937 c 370 s 2; 1941 c 367 s 1; 1953 c 166 s 1; 1957 c
921 s 1; 1973 c 123 art 5 s 7; 1977 c 305 s 45; 1Sp2001 c 9 art 1 s 56; 2002 c 379 art 1 s 113;
2007 c 135 art 3 s 22; 2007 c 140 art 6 s 6
326.39 VIOLATIONS TO BE REPORTED TO COMMISSIONER.
    Such local authority as may be designated by any such ordinance for the issuance of such
plumbing permits and approval of such plans shall report to the commissioner persistent or willful
violation of the same and any incompetence of a licensed plumber observed by the local authority.
History: (5887-21) 1933 c 349 s 3; 1977 c 305 s 45; 2007 c 140 art 6 s 7
326.40 LICENSING, BOND AND INSURANCE.
    Subdivision 1. License required. (a) No person shall engage in or work at the business of
a master plumber, restricted master plumber, journeyman plumber, and restricted journeyman
plumber unless licensed to do so by the state commissioner. A license is not required for
individuals performing building sewer or water service installation who have completed pipe
laying training as prescribed by the commissioner of labor and industry. A master plumber may
also work as a journeyman plumber, a restricted journeyman plumber, and a restricted master
plumber. A journeyman plumber may also work as a restricted journeyman plumber. Anyone not
so licensed may do plumbing work which complies with the provisions of the minimum standards
prescribed by the Plumbing Board on premises or that part of premises owned and actually
occupied by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
    (b) No person shall engage in the business of planning, superintending, or installing
plumbing or shall install plumbing in connection with the dealing in and selling of plumbing
material and supplies unless at all times a licensed master plumber, or in cities and towns with
a population of fewer than 5,000 according to the federal census, a restricted master plumber,
who shall be responsible for proper installation, is in charge of the plumbing work of the person,
firm, or corporation.
    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give bond to
the state in the amount of $25,000 for all work entered into within the state. The bond shall be for
the benefit of persons injured or suffering financial loss by reason of failure to comply with the
requirements of the State Plumbing Code. The bond shall be filed with the commissioner and
shall be written by a corporate surety licensed to do business in the state.
    In addition, each applicant for a master plumber license or renewal thereof, shall provide
evidence of public liability insurance, including products liability insurance with limits of at least
$50,000 per person and $100,000 per occurrence and property damage insurance with limits of at
least $10,000. The insurance shall be written by an insurer licensed to do business in the state
of Minnesota and each licensed master plumber shall maintain on file with the commissioner a
certificate evidencing the insurance providing that the insurance shall not be canceled without
the insurer first giving 15 days written notice to the commissioner. The term of the insurance
shall be concurrent with the term of the license.
    Subd. 3. Bond and insurance exemption. If a master plumber who is in compliance with the
bond and insurance requirements of subdivision 2 employs another master plumber, the employee
master plumber shall not be required to meet the bond and insurance requirements of subdivision
2. A master plumber who is an employee working on the maintenance and repair of plumbing
equipment, apparatus, or facilities owned or leased by their employer and which is within the
limits of property owned or leased, and operated or maintained by their employer, shall not be
required to meet the bond and insurance requirements of subdivision 2.
    Subd. 4. [Repealed, 2007 c 140 art 13 s 3]
    Subd. 5. Fee. Each person giving bond to the state under subdivision 2 shall pay the
department an annual bond registration fee of $40.
History: (5887-22) 1933 c 349 s 4; 1937 c 370 s 3; 1941 c 367 s 2; 1973 c 123 art 5 s 7;
1977 c 305 s 45; 1978 c 604 s 1; 1980 c 487 s 10; 1986 c 444; 1999 c 245 art 2 s 39-41; 2004 c
251 s 12; 2007 c 135 art 3 s 23; 2007 c 140 art 6 s 8
326.401 PLUMBER'S APPRENTICES.
    Subdivision 1. Registration. All plumber's apprentices must be registered. To be a registered
plumber's apprentice, an individual must either:
    (1) be an individual employed in the trade of plumbing under an apprenticeship agreement
approved by the department under Minnesota Rules, part 5200.0300; or
    (2) be an unlicensed individual registered with the commissioner under subdivision 3. A
plumber's apprentice is authorized to assist in the installation of plumbing only while under the
direct supervision of a master, restricted master, journeyman, or restricted journeyman plumber.
The master, restricted master, journeyman, or restricted journeyman plumber is responsible
for ensuring that all plumbing work performed by the plumber's apprentice complies with the
plumbing code.
    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years of
practical plumbing experience is eligible to take the journeyman plumbing examination. Up to 24
months of practical plumbing experience prior to becoming a plumber's apprentice may be applied
to the four-year experience requirement. However, none of this practical plumbing experience
may be applied if the individual did not have any practical plumbing experience in the 12-month
period immediately prior to becoming a plumber's apprentice. The Plumbing Board may adopt
rules to evaluate whether the individual's past practical plumbing experience is applicable in
preparing for the journeyman's examination. If two years after completing the training the
individual has not taken the examination, the four years of experience shall be forfeited.
    The commissioner may allow an extension of the two-year period for taking the exam for
cases of hardship or other appropriate circumstances.
    Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed individual
may register by completing and submitting to the commissioner a registration form provided
by the commissioner. A completed registration form must state the date the individual began
training, the individual's age, schooling, previous experience, and employer, and other information
required by the commissioner. The board may prescribe rules, not inconsistent with this section,
for the registration of unlicensed individuals. Each applicant for initial registration as a plumber's
apprentice shall pay the department an application fee of $25. Applications for initial registration
may be submitted at any time. Registration must be renewed annually and shall be for the period
from July 1 of each year to June 30 of the following year. Applications for renewal registration
must be received by the commissioner by June 30 of each registration period on forms provided
by the commissioner, and must be accompanied by a fee of $25. An application for renewal
registration received on or after July 1 in any year but no more than three months after expiration
of the previously issued registration must pay the past due renewal fee plus a late fee of $25. No
applications for renewal registration will be accepted more than three months after expiration of
the previously issued registration.
History: 1986 c 402 s 2; 1986 c 444; 2007 c 135 art 3 s 24; 2007 c 140 art 6 s 9
326.402 RESTRICTED PLUMBER LICENSE.
    Subdivision 1. Licensure. The commissioner of labor and industry shall grant a restricted
journeyman or restricted master plumber license to an individual if:
    (1) the individual completes an application with information required by the commissioner
of labor and industry;
    (2) the completed application is accompanied by a fee of $30;
    (3) the commissioner of labor and industry receives the completed application and fee
before January 1, 2008;
    (4) the completed application demonstrates that the applicant has had at least two years for a
restricted journeyman plumber license or four years for a restricted master plumber license of
practical plumbing experience in the plumbing trade prior to the application; and
    (5) during the entire time for which the applicant is claiming experience in contracting
for plumbing work under clause (4), the applicant was in compliance with all applicable bond
requirements of section 326.40.
    Subd. 2. Use of license. A restricted master plumber and restricted journeyman plumber may
engage in the plumbing trade in all areas of the state except in cities and towns with a population
of more than 5,000 according to the federal census.
    Subd. 3. Application period. Applications for restricted master plumber and restricted
journeyman plumber licenses must be submitted to the commissioner prior to January 1, 2008.
    Subd. 4. Renewal; use period for license. A restricted master plumber and restricted
journeyman plumber license must be renewed annually for as long as that licensee engages in
the plumbing trade. Failure to renew a restricted master plumber and restricted journeyman
plumber license within 12 months after the expiration date will result in permanent forfeiture of
the restricted master plumber and restricted journeyman plumber license.
    Subd. 5. Prohibition of transference. A restricted master plumber and restricted journeyman
plumber license may not be transferred or sold to any other person.
    Subd. 6. Bond; insurance. A restricted master or a restricted journeyman plumber licensee
is subject to the bond and insurance requirements of section 326.40, subdivision 2, unless the
exemption provided by section 326.40, subdivision 3, applies.
    Subd. 7. Fee. The annual fee for the restricted master plumber and restricted journeyman
plumber licenses is the same fee as for a master or journeyman plumber license, respectively.
History: 2007 c 135 art 3 s 25; 2007 c 140 art 6 s 10
326.405 RECIPROCITY WITH OTHER STATES.
    The commissioner may enter into reciprocity agreements for personal licenses with another
state if approved by the board. Once approved by the board, the commissioner may issue a
plumber's license without requiring the applicant to pass an examination provided the applicant:
    (a) submits an application under section 326.42;
    (b) pays the fee required under section 326.42; and
    (c) holds a valid comparable license in the state participating in the agreement.
    Agreements are subject to the following:
    (1) The parties to the agreement must administer a statewide licensing program that includes
examination and qualifying experience or training comparable to Minnesota's.
    (2) The experience and training requirements under which an individual applicant qualified
for examination in the qualifying state must be deemed equal to or greater than required for
an applicant making application in Minnesota at the time the applicant acquired the license in
the qualifying state.
    (3) The applicant must have acquired the license in the qualifying state through an
examination deemed equivalent to the same class of license examination in Minnesota. A lesser
class of license may be granted where the applicant has acquired a greater class of license in the
qualifying state and the applicant otherwise meets the conditions of this section.
    (4) At the time of application, the applicant must hold a valid license in the qualifying
state and have held the license continuously for at least one year before making application in
Minnesota.
    (5) An applicant is not eligible for a license under this section if the applicant has failed the
same or greater class of license examination in Minnesota, or if the applicant's license of the same
or greater class has been revoked or suspended.
    (6) An applicant who has failed to renew a plumber's license for two years or more after its
expiration is not eligible for a license under this section.
History: 1977 c 19 s 1; 1992 c 464 art 1 s 35; 2007 c 135 art 3 s 26; 2007 c 140 art 6 s 11
326.42 APPLICATIONS, FEES.
    Subdivision 1. Application. Applications for plumber's license shall be made to the
commissioner, with fee. Unless the applicant is entitled to a renewal, the applicant shall be
licensed by the commissioner only after passing a satisfactory examination developed and
administered by the commissioner, based upon rules adopted by the Plumbing Board, showing
fitness. Examination fees for both journeyman and master plumbers shall be $50 for each
examination. Upon being notified of having successfully passed the examination for original
license the applicant shall submit an application, with the license fee herein provided. The license
fee for each initial and renewal master plumber's license shall be $120. The license fee for each
initial and renewal journeyman plumber's license shall be $55. The commissioner may by rule
prescribe for the expiration and renewal of licenses. Any licensee who does not renew a license
within two years after the license expires is no longer eligible for renewal. Such an individual
must retake and pass the examination before a new license will be issued. A journeyman or master
plumber who submits a license renewal application after the time specified in rule but within two
years after the license expired must pay all past due renewal fees plus a late fee of $25.
    Subd. 2. Fees for plan reviews and audits. Plumbing system plans and specifications that
are submitted to the commissioner for review shall be accompanied by the appropriate plan
examination fees. If the commissioner determines, upon review of the plans, that inadequate fees
were paid, the necessary additional fees shall be paid prior to plan approval. The commissioner
shall charge the following fees for plan reviews and audits of plumbing installations for public,
commercial, and industrial buildings:
    (1) systems with both water distribution and drain, waste, and vent systems and having:
    (i) 25 or fewer drainage fixture units, $150;
    (ii) 26 to 50 drainage fixture units, $250;
    (iii) 51 to 150 drainage fixture units, $350;
    (iv) 151 to 249 drainage fixture units, $500;
    (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum of $4,000;
and
    (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch basin
design;
    (2) building sewer service only, $150;
    (3) building water service only, $150;
    (4) building water distribution system only, no drainage system, $5 per supply fixture unit or
$150, whichever is greater;
    (5) storm drainage system, a minimum fee of $150 or:
    (i) $50 per drain opening, up to a maximum of $500; and
    (ii) $70 per interceptor, separator, or catch basin design;
    (6) manufactured home park or campground, one to 25 sites, $300;
    (7) manufactured home park or campground, 26 to 50 sites, $350;
    (8) manufactured home park or campground, 51 to 125 sites, $400;
    (9) manufactured home park or campground, more than 125 sites, $500;
    (10) accelerated review, double the regular fee, one-half to be refunded if no response from
the commissioner within 15 business days; and
    (11) revision to previously reviewed or incomplete plans:
    (i) review of plans for which the commissioner has issued two or more requests for additional
information, per review, $100 or ten percent of the original fee, whichever is greater;
    (ii) proposer-requested revision with no increase in project scope, $50 or ten percent of
original fee, whichever is greater; and
    (iii) proposer-requested revision with an increase in project scope, $50 plus the difference
between the original project fee and the revised project fee.
    Subd. 3. Inspection fees. The commissioner shall charge the following fees for inspections
under sections 326.361 to 326.44:
Residential inspection fee (each visit)
$
50
Public, Commercial, and Industrial Inspections
Inspection Fee
25 or fewer drainage fixture units
$
300
26 to 50 drainage fixture units
$
900
51 to 150 drainage fixture units
$
1,200
151 to 249 drainage fixture units
$
1,500
250 or more drainage fixture units
$
1,800
Callback fee (each visit)
$
100
History: (5887-25) 1933 c 349 s 7; 1937 c 370 s 5; 1941 c 367 s 3; 1959 c 78 s 1; 1974 c
205 s 1; 1974 c 471 s 15; 1975 c 310 s 31; 1976 c 2 s 169; 1977 c 305 s 45; 1986 c 444; 1Sp2003
c 14 art 7 s 82; 1Sp2005 c 4 art 6 s 50; 2007 c 135 art 3 s 27; 2007 c 140 art 6 s 12
326.43 [Repealed, 1993 c 206 s 25]

PIPEFITTERS

326.46 DEPARTMENT TO SUPERVISE HIGH PRESSURE PIPING.
    The department shall supervise all high pressure piping used on all projects in this state.
    The department shall employ inspectors and other assistants to carry out the provisions of
sections 326.46 to 326.52.
History: (5887-30a) 1937 c 367 s 2; Ex1967 c 1 s 6; 1984 c 481 s 1; 2007 c 135 art 4
s 1; 2007 c 140 art 10 s 1
326.461 DEFINITIONS.
    Subdivision 1. Scope. For the purpose of sections 326.46 to 326.521, the following terms
have the meanings given them.
    Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.
    Subd. 1b. Contracting high pressure pipefitter. "Contracting high pressure pipefitter"
means an individual, such as a steamfitter, engaged in the planning, superintending, and practical
installation of high pressure piping and appurtenances, and otherwise lawfully qualified to
construct high pressure piping installations and make replacements to existing plants, who is also
qualified to conduct the business of high pressure piping installations and who is familiar with the
laws, rules, and minimum standards governing them.
    Subd. 2. High pressure piping. "High pressure piping" means all high pressure piping used
in the installation of hot water or steam heating boilers, any systems of piping hot water or other
medium used for heating that exceed 30 p.s.i. gauge and 250 degrees Fahrenheit, or any system
of high pressure steam, ammonia piping, or bioprocess piping, but shall not include any high
pressure piping under the direct jurisdiction of the United States.
    Subd. 2a. High pressure steam. "High pressure steam" means a pressure in excess of 15
pounds per square inch.
    Subd. 2b. Journeyman high pressure pipefitter. "Journeyman high pressure pipefitter"
means an individual, such as a steamfitter, who is not a contracting high pressure pipefitter and
who is engaged in the practical installation of high pressure piping and appurtenances in the
employ of a contracting high pressure pipefitter.
    Subd. 3. Municipality. "Municipality" means a statutory or home rule charter city.
    Subd. 4. Pipefitter apprentice. A "pipefitter apprentice" is an individual employed in the
trade of the practical construction and installation of high pressure piping and appurtenances under
an apprenticeship agreement approved by the department under Minnesota Rules, part 5200.0300.
History: 1984 c 481 s 2; 1987 c 132 s 1; 1989 c 22 s 1; 1994 c 465 art 1 s 42; 2006 c 241 s
4; 2007 c 140 art 10 s 2-6
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."
326.471 BOARD OF HIGH PRESSURE PIPING SYSTEMS.
    Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall consist of
12 members. Eleven members shall be appointed by the governor with the advice and consent
of the senate and shall be voting members. Appointments of members by the governor shall be
made in accordance with section 15.066. If the senate votes to refuse to consent to an appointment
of a member made by the governor, the governor shall appoint a new member with the advice
and consent of the senate. One member shall be the commissioner of labor and industry or the
commissioner's designee, who shall be a voting member. Of the 11 appointed members, the
composition shall be as follows:
    (1) one member shall be a high pressure piping inspector;
    (2) one member shall be a licensed professional mechanical engineer;
    (3) one member shall be a representative of the high pressure piping industry;
    (4) four members shall be high pressure piping contractors engaged in the scope of high
pressure piping, two from the metropolitan area and two from greater Minnesota;
    (5) two members shall be high pressure piping journeymen engaged in the scope of high
pressure piping systems installation, one from the metropolitan area and one from greater
Minnesota; and
    (6) two members shall be representatives of industrial companies which use high pressure
piping systems in their industrial processes.
    (b) The high pressure piping inspector shall be appointed for a term to end December 31,
2011. The professional mechanical engineer shall be appointed for a term to end December 31,
2010. The representative of the high pressure piping industry shall be appointed for a term to end
December 31, 2011. Two of the high pressure piping contractors shall be appointed for a term to
end December 31, 2011, and two high pressure piping contractors shall be appointed for a term to
end December 31, 2010. One of the high pressure piping journeymen shall be appointed for a term
to end December 31, 2011, and one high pressure piping journeyman shall be appointed for a term
to end December 31, 2010. The two representatives of industrial companies that use high pressure
piping systems in their industrial process shall be appointed for a term to end December 31, 2010.
    (c) The licensed professional mechanical engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of the term served on
the board. All other appointed members, except for the representative of the piping industry and
the representatives of industrial companies that use high pressure piping systems in their industrial
processes must possess a current high pressure piping license issued by the Department of Labor
and Industry and maintain that license for the duration of their terms. All appointed members must
be residents of Minnesota at the time of and throughout their terms. The term of any appointed
member who does not maintain membership qualification status shall end on the date of status
change and the governor shall appoint a replacement member. It is the responsibility of the
member to notify the board of a change in the member's status.
    (d) For appointed members, except for the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on the first Monday in January. Members
appointed by the governor shall be limited to three consecutive terms. The governor shall, all or in
part, reappoint the current members or appoint replacement members with the advice and consent
of the senate. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
occurring with less than six months time remaining in the term shall be filled for the existing term
and the following three-year term. Members may serve until their successors are appointed but in
no case later than July 1 in a year in which the term expires unless reappointed.
    Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
    (1) elect its chair, vice-chair, and secretary;
    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, and
contain such other provisions as may be useful and necessary for the efficient conduct of the
business of the board;
    (3) adopt the High Pressure Piping Code that must be followed in this state and any High
Pressure Piping Code amendments thereto pursuant to chapter 14 and as provided in subdivision
6, paragraphs (b), (c), and (d);
    (4) review requests for final interpretations and issue final interpretations as provided in
section 16B.63, subdivision 5;
    (5) adopt rules that regulate the licensure or registration of high pressure piping contractors,
journeymen, and other persons engaged in the design, installation, and alteration of high pressure
piping systems, except for those individuals licensed under section 326.02, subdivisions 2 and
3. The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision 6,
paragraph (e);
    (6) adopt rules that regulate continuing education for individuals licensed or registered as
high pressure piping contractors, journeymen, or other persons engaged in the design, installation,
and alteration of high pressure piping systems. The board shall adopt these rules pursuant to
chapter 14 and as provided in subdivision 6, paragraph (e);
    (7) advise the commissioner regarding educational requirements for high pressure piping
inspectors;
    (8) refer complaints or other communications, whether orally or in writing, that allege or
imply a violation of a statute, rule, or order that the commissioner has the authority to enforce
pertaining to code compliance, licensure, or an offering to perform or performance of unlicensed
high pressure piping services to the commissioner under subdivision 8;
    (9) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
    (10) select from its members individuals to serve on any other state advisory council,
board, or committee; and
    (11) recommend the fees for licenses and certifications.
    Except for the powers granted to the Board of High Pressure Piping Systems, the
commissioner of labor and industry shall administer and enforce the provisions of sections 326.46
to 326.521 and any rules promulgated pursuant thereto.
    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
    (c) The commissioner shall coordinate the board's rulemaking and recommendations with the
recommendations and rulemaking conducted by the other boards. The commissioner shall provide
staff support to the board. The support includes professional, legal, technical, and clerical staff
necessary to perform rulemaking and other duties assigned to the board. The commissioner of
labor and industry shall supply necessary office space and supplies to assist the board in its duties.
    Subd. 3. Compensation. (a) Members of the board may be compensated at the rate of
$55 per day spent on board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2
. Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
    (b) Members who are state employees or employees of political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
    (c) The board shall adopt internal standards prescribing what constitutes a day spent on board
activities for purposes of making daily payments under this subdivision.
    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be removed
by the governor at any time (1) for cause, after notice and hearing, or (2) after missing three
consecutive meetings. The chair of the board shall inform the governor of an appointed member
missing three consecutive meetings. After the second consecutive missed meeting and before the
next meeting, the secretary of the board shall notify the appointed member in writing that the
member may be removed for missing the next meeting. In the case of a vacancy on the board, the
governor shall, with the advice and consent of the senate, appoint a person to fill the vacancy for
the remainder of the unexpired term.
    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
    Subd. 5. Membership vacancies within three months of appointment. Notwithstanding
any law to the contrary, when a seat on the board becomes vacant within three months after
being filled through the appointment process, the governor may, upon notification to the Office
of the Secretary of State, choose a new member from the applications on hand and need not
repeat the process.
    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its members a
chair, vice-chair, and secretary. A quorum of the board shall consist of a majority of members
of the board qualified to vote on the matter in question. All questions concerning the manner in
which a meeting is conducted or called that are not covered by statute shall be determined by
Robert's Rules of Order (revised) unless otherwise specified by the bylaws.
    (b) Except as provided in paragraph (c), each High Pressure Piping Code amendment
considered by the board that receives an affirmative two-thirds or more majority vote of all of the
voting members of the board shall be included in the next High Pressure Piping Code rulemaking
proceeding initiated by the board. If a High Pressure Piping Code amendment considered,
or reconsidered, by the board receives less than a two-thirds majority vote of all of the voting
members of the board, the High Pressure Piping Code amendment shall not be included in the
next High Pressure Piping Code rulemaking proceeding initiated by the board.
    (c) If the High Pressure Piping Code amendment considered by the board is to replace
the Minnesota High Pressure Piping Code with a model High Pressure Piping Code, then the
amendment may only be included in the next High Pressure Piping Code rulemaking proceeding
if it receives an affirmative two-thirds or more majority vote of all of the voting members of
the board.
    (d) The board may reconsider High Pressure Piping Code amendments during an active
High Pressure Piping Code rulemaking proceeding in which the amendment previously failed
to receive a two-thirds or more majority vote of all of the voting members of the board only if
new or updated information that affects the High Pressure Piping Code amendment is presented
to the board. The board may also reconsider failed High Pressure Piping Code amendments in
subsequent High Pressure Piping Code rulemaking proceedings.
    (e) Except as provided in paragraph (f), each proposed rule and rule amendment considered
by the board pursuant to the rulemaking authority specified in subdivision 2, paragraph (a),
clauses (5) and (6), that receives an affirmative majority vote of all of the voting members of the
board shall be included in the next rulemaking proceeding initiated by the board. If a proposed
rule or rule amendment considered, or reconsidered, by the board receives less than an affirmative
majority vote of all of the voting members of the board, the proposed rule or rule amendment
shall not be included in the next rulemaking proceeding initiated by the board.
    (f) The board may reconsider a proposed rule or rule amendment during an active rulemaking
proceeding in which the amendment previously failed to receive an affirmative majority vote
of all of the voting members of the board only if new or updated information that affects the
proposed rule or rule amendment is presented to the board. The board may also reconsider a failed
proposed rule or rule amendment in subsequent rulemaking proceedings.
    Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the board
shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D and in such a
manner as the bylaws may provide.
    (b) If compliance with section 13D.02 is impractical, the board may conduct a meeting of its
members by telephone or other electronic means so long as the following conditions are met:
    (1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
    (2) members of the public present at the regular meeting location of the board can hear
clearly all discussion and testimony and all votes of members of the board and, if needed, receive
those services required by sections 15.44 and 15.441;
    (3) at least one member of the board is physically present at the regular meeting location; and
    (4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
    Each member of the board participating in a meeting by telephone or other electronic means
is considered present at the meeting for purposes of determining a quorum and participating in
all proceedings.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board, to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The board may require the person making such a connection
to pay for documented costs that the board incurs as a result of the additional connection.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and that a person may monitor
the meeting electronically from a remote location. The timing and method of providing notice is
governed by section 13D.04.
    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner the
substance of any complaint or communication it receives, whether in writing or orally, that
alleges or implies a violation of a statute, rule, or order that the commissioner has the authority
to enforce pertaining to the license or registration of any person authorized by the department
to provide high pressure piping services, the performance or offering to perform high pressure
piping services requiring licensure by an unlicensed person, or high pressure code compliance.
Each complaint or communication that is forwarded to the commissioner shall be submitted on a
form provided by the commissioner.
    (b) The commissioner shall advise the board of the status of a complaint within 90 days
after the board's written submission is received, or within 90 days after the board is provided
with a written request for additional information or documentation from the commissioner or
the commissioner's designee, whichever is later. The commissioner shall advise the board of
the disposition of a complaint referred by the board within 180 days after the board's written
submission is received. The commissioner shall annually report to the board a summary of the
actions taken in response to complaints referred by the board.
    Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota Government
Data Practices Act, and shall protect from unlawful disclosure data classified as not public.
    Subd. 10. Official records. The board shall make and preserve all records necessary to a full
and accurate knowledge of its official activities in accordance with section 15.17.
History: 2007 c 135 art 4 s 3
326.48 LICENSING AND REGISTRATION.
    Subdivision 1. License required; rules; time credit. No individual shall engage in or work
at the business of a contracting high pressure pipefitter unless issued an individual contracting
high pressure pipefitter license to do so by the department under rules adopted by the board. No
license shall be required for repairs on existing installations. No individual shall engage in or work
at the business of journeyman high pressure pipefitter unless issued an individual journeyman
high pressure pipefitter competency license to do so by the department under rules adopted by the
board. A person possessing an individual contracting high pressure pipefitter competency license
may also work as a journeyman high pressure pipefitter.
    No person shall construct or install high pressure piping, nor install high pressure piping in
connection with the dealing in and selling of high pressure pipe material and supplies, unless, at
all times, an individual possessing a contracting high pressure pipefitter individual competency
license or a journeyman high pressure pipefitter individual competency license is responsible for
ensuring that the high pressure pipefitting work is in conformity with Minnesota Statutes and
Minnesota Rules.
    The board shall prescribe rules, not inconsistent herewith, for the examination and individual
competency licensing of contracting high pressure pipefitters and journeyman high pressure
pipefitters and for issuance of permits by the department and municipalities for the installation of
high pressure piping.
    An employee performing the duties of inspector for the department in regulating pipefitting
shall not receive time credit for the inspection duties when making an application for a license
required by this section.
    Subd. 2. High pressure pipefitting business license. Before obtaining a permit for high
pressure piping work, a person must obtain or utilize a business with a high pressure piping
business license.
    A person must have at all times as a full-time employee at least one individual holding an
individual contracting high pressure pipefitter competency license. Only full-time employees who
hold individual contracting high pressure pipefitter licenses are authorized to obtain high pressure
piping permits in the name of the business. The individual contracting high pressure pipefitter
competency license holder can be the employee of only one high pressure piping business at a
time.
    To retain its business license without reapplication, a person holding a high pressure piping
business license that ceases to employ an individual holding an individual contracting high
pressure pipefitter competency license shall have 60 days from the last day of employment of its
previous individual contracting pipefitter competency license holder to employ another license
holder. The department must be notified no later than five days after the last day of employment of
the previous license holder.
    No high pressure pipefitting work may be performed during any period when the high
pressure pipefitting business does not have an individual contracting high pressure pipefitter
competency license holder on staff. If a license holder is not employed within 60 days after the
last day of employment of the previous license holder, the pipefitting business license shall lapse.
    The board shall prescribe by rule procedures for application for and issuance of business
licenses.
    Subd. 2a. Registration requirement. All unlicensed individuals, other than pipefitter
apprentices, must be registered under subdivision 2b. No licensed high pressure piping business
shall employ an unlicensed individual to assist in the practical construction and installation
of high pressure piping and appurtenances unless the unlicensed individual is registered with
the department. A pipefitter apprentice or registered unlicensed individual employed by a high
pressure piping business may assist in the practical construction and installation of high pressure
piping and appurtenances only while under direct supervision of a licensed individual contracting
high pressure pipefitter or licensed journeyman high pressure pipefitter employed by the same
high pressure piping business. The licensed individual contracting high pressure pipefitter
or licensed journeyman high pressure pipefitter shall supervise no more than two pipefitter
apprentices or registered unlicensed individuals. The licensed individual contracting high pressure
pipefitter or journeyman high pressure pipefitter is responsible for ensuring that all high pressure
piping work performed by the pipefitter apprentice or registered unlicensed individual complies
with Minnesota Statutes and Minnesota Rules.
    The board shall make recommendations by October 1, 2008, to the chairs of the standing
committees of the senate and house of representatives having jurisdiction over high pressure
piping regulation on the ratio of licensed individual contracting high pressure pipefitters or
licensed journeyman high pressure pipefitters to pipefitter apprentices or registered unlicensed
individuals for purposes of supervision.
    Subd. 2b. Registration with commissioner. An unlicensed individual may register to assist
in the practical construction and installation of high pressure piping and appurtenances while in
the employ of a licensed high pressure piping business by completing and submitting to the
commissioner a registration form provided by the commissioner. The Board of High Pressure
Piping Systems may prescribe rules, not inconsistent with this section, for the registration of
unlicensed individuals.
    An unlicensed individual applying for initial registration shall pay the department an
application fee of $50. Applications for initial registration may be submitted at any time.
Registration must be renewed annually and shall be valid for one calendar year beginning January
1. Applications for renewal registration must be submitted to the commissioner before December
31 of each registration period on forms provided by the commissioner, and must be accompanied
by a fee of $50. There shall be no refund of fees paid.
    Subd. 3. Bond. As a condition of licensing, each applicant for a high pressure piping
business license or renewal shall give bond to the state in the total sum of $15,000 conditioned
upon the faithful and lawful performance of all work contracted for or performed within the state.
The bond shall run to and be for the benefit of persons injured or suffering financial loss by
reason of failure of payment or performance. Claims and actions on the bond may be brought
according to sections 574.26 to 574.38.
    The term of the bond must be concurrent with the term of the high pressure pipefitting
business license and run without interruption from the date of the issuance of the license to
the end of the calendar year. All high pressure pipefitting business licenses must be annually
renewed on a calendar year basis.
    The bond must be filed with the department and shall be in lieu of any other business license
bonds required by any political subdivision for high pressure pipefitting. The bond must be
written by a corporate surety licensed to do business in the state.
    Subd. 4. Insurance. In addition to the bond described in subdivision 3, each applicant for a
high pressure pipefitting business license or renewal shall have in force public liability insurance,
including products liability insurance, with limits of at least $100,000 per person and $300,000
per occurrence and property damage insurance with limits of at least $50,000.
    The insurance must be kept in force for the entire term of the high pressure pipefitting
business license, and the license shall be suspended by the department if at any time the insurance
is not in force.
    The insurance must be written by an insurer licensed to do business in the state and shall
be in lieu of any other insurance required by any subdivision of government for high pressure
pipefitting. Each person holding a high pressure pipefitting business license shall maintain on
file with the department a certificate evidencing the insurance. Any purported cancellation
of insurance shall not be effective without the insurer first giving 30 days' written notice to
the department.
    Subd. 5. License fee. The department shall charge the following license fees:
    (a) application for journeyman high pressure piping pipefitter competency license, $120;
    (b) renewal of journeyman high pressure piping pipefitter competency license, $80;
    (c) application for contracting high pressure piping pipefitter competency license, $270;
    (d) renewal of contracting high pressure piping pipefitter competency license, $240;
    (e) application for high pressure piping business license, $450;
    (f) application to inactivate a contracting high pressure piping pipefitter competency license
or inactivate a journeyman high pressure piping pipefitter competency license, $40; and
    (g) renewal of an inactive contracting high pressure piping pipefitter competency license or
inactive journeyman high pressure piping pipefitter competency license, $40.
    If an application for renewal of an active or inactive journeyman high pressure piping
pipefitter competency license or active or inactive contracting high pressure piping competency
license is received by the department after the date of expiration of the license, a $30 late renewal
fee shall be added to the license renewal fee.
    Payment must accompany the application for a license or renewal of a license. There shall
be no refund of fees paid.
    Subd. 6. Reciprocity with other states. The commissioner may issue a temporary license
without examination, upon payment of the required fee, to nonresident applicants who are licensed
under the laws of a state having standards for licensing which the commissioner determines are
substantially equivalent to the standards of this state if the other state grants similar privileges
to Minnesota residents duly licensed in this state. Applicants who receive a temporary license
under this section may acquire an aggregate of 24 months of experience before they have to apply
and pass the licensing examination. Applicants must register with the commissioner of labor
and industry and the commissioner shall set a fee for a temporary license. Applicants have five
years in which to comply with this section.
History: (5887-30d) 1937 c 367 s 5; Ex1967 c 1 s 6; 1978 c 604 s 2; 1979 c 50 s 40; 1981 c
72 s 1; 1984 c 481 s 4; 1986 c 444; 1987 c 132 s 3; 1995 c 123 s 1-5; 2004 c 251 s 13; 2007 c 135
art 4 s 4-6; 2007 c 140 art 10 s 8
326.49 [Repealed, 1984 c 481 s 8]
326.50 LICENSE APPLICATION AND RENEWAL.
    Application for an individual contracting high pressure pipefitter competency or an individual
journeyman high pressure pipefitter competency license shall be made to the department,
with fees. The applicant shall be licensed only after passing an examination developed and
administered by the department in accordance with rules adopted by the board. A competency
license issued by the department shall expire on December 31 of each year. A renewal application
must be received by the department within one year after expiration of the competency license. A
license that has been expired for more than one year cannot be renewed, and can only be reissued
if the applicant submits a new application for the competency license, pays a new application
fee, and retakes and passes the applicable license examination.
History: (5887-30g) 1937 c 367 s 8; 1951 c 119 s 1; 1959 c 134 s 1; Ex1967 c 1 s 6; 1974 c
7 s 1; 1981 c 72 s 2; 1984 c 481 s 5; 1987 c 132 s 4; 1995 c 123 s 6; 1996 c 305 art 3 s 33; 1999
c 250 art 3 s 27; 2007 c 135 art 4 s 7; 2007 c 140 art 10 s 9
326.505 BOARD OF HIGH PRESSURE PIPING SYSTEMS.
    Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall consist of
13 members. Twelve members shall be appointed by the governor with the advice and consent
of the senate and shall be voting members. Appointments of members by the governor shall be
made in accordance with section 15.066. If the senate votes to refuse to consent to an appointment
of a member made by the governor, the governor shall appoint a new member with the advice
and consent of the senate. One member shall be the commissioner of labor and industry or
the commissioner of labor and industry's designee, who shall be a voting member. Of the 12
appointed members, the composition shall be as follows:
    (1) one member shall be a high pressure piping inspector;
    (2) one member shall be a licensed mechanical engineer;
    (3) one member shall be a representative of the high pressure piping industry;
    (4) four members shall be high pressure piping contractors engaged in the scope of high
pressure piping, two from the metropolitan area and two from greater Minnesota;
    (5) two members shall be high pressure piping journeymen engaged in the scope of high
pressure piping systems installation, one from the metropolitan area and one from greater
Minnesota;
    (6) one member shall be a representative of industrial companies that use high pressure
piping systems in their industrial process;
    (7) one member shall be a representative from utility companies in Minnesota; and
    (8) one member shall be a public member as defined by section 214.02.
    The high pressure piping inspector shall be appointed for a term to end December 31, 2011.
The professional mechanical engineer shall be appointed for a term to end December 31, 2010.
The representative of the high pressure piping industry shall be appointed for a term to end
December 31, 2011. Two of the high pressure piping contractors shall be appointed for a term
to end December 31, 2011. The other two high pressure piping contractors shall be appointed
for a term to end December 31, 2010. One of the high pressure piping journeymen shall be
appointed for a term to end December 31, 2011. The other high pressure piping journeyman
shall be appointed for a term to end December 31, 2010. The one representative of industrial
companies that use high pressure piping systems in their industrial process shall be appointed for
a term to end December 31, 2010. The one representative of a utility company in Minnesota shall
be appointed for a term to end December 31, 2010. The public member shall be appointed for
a term to end December 31, 2010.
    (b) The licensed professional mechanical engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of their term. All
other appointed members, except for the representative of the piping industry, the representative
of industrial companies that use high pressure piping systems, and the representative of public
utility companies in Minnesota, must possess a current high pressure piping license issued by the
Department of Labor and Industry and maintain that license for the duration of their term. All
appointed members must be residents of Minnesota at the time of and throughout the member's
appointment. The term of any appointed member that does not maintain membership qualification
status shall end on the date of status change and the governor shall appoint a new member. It is
the responsibility of the member to notify the board of the member's status change.
    (c) For appointed members, except the initial terms designated in paragraph (a), each term
shall be three years with the terms ending on December 31. Members appointed by the governor
shall be limited to three consecutive terms. The governor shall, all or in part, reappoint the current
members or appoint replacement members with the advice and consent of the senate. Midterm
vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than
six months time remaining in the term shall be filled for the existing term and the following
three-year term. Members may serve until their successors are appointed but in no case later than
July 1 in a year in which the term expires unless reappointed.
    Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
    (1) elect its chair, vice-chair, and secretary;
    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, and
containing such other provisions as may be useful and necessary for the efficient conduct of
the business of the board;
    (3) adopt the high pressure piping code that must be followed in this state and any high
pressure piping code amendments thereto. The board shall adopt the high pressure piping code
and any amendments thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs
(b), (c), and (d);
    (4) review requests for final interpretations and issue final interpretations as provided in
section 16B.63, subdivision 5;
    (5) except for rules regulating continuing education, adopt rules that regulate the licensure or
registration of high pressure piping contractors, journeymen, and other persons engaged in the
design, installation, and alteration of high pressure piping systems, except for those individuals
licensed under section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to
chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
    (6) advise the commissioner regarding educational requirements for high pressure piping
inspectors;
    (7) refer complaints or other communications to the commissioner, whether oral or written,
as provided in subdivision 7 that alleges or implies a violation of a statute, rule, or order that the
commissioner has the authority to enforce pertaining to code compliance, licensure, or an offering
to perform or performance of unlicensed high pressure piping services;
    (8) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
    (9) select from its members individuals to serve on any other state advisory council, board,
or committee;
    (10) recommend the fees for licenses and certifications; and
    (11) approve license reciprocity agreements.
    Except for the powers granted to the Plumbing Board, Board of Electricity, and the Board of
High Pressure Piping, the commissioner of labor and industry shall administer and enforce the
provisions of this chapter and any rules promulgated pursuant thereto.
    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
    (c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards created pursuant to
chapter 326B. The commissioner shall provide staff support to the board. The support includes
professional, legal, technical, and clerical staff necessary to perform rulemaking and other duties
assigned to the board. The commissioner of labor and industry shall supply necessary office space
and supplies to assist the board in its duties.
    Subd. 3. Compensation. (a) Members of the board may be compensated at the rate of
$55 a day spent on board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2
. Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
    (b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
    (c) The board shall adopt internal standards prescribing what constitutes a day spent on board
activities for purposes of making daily payments under this subdivision.
    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be removed
by the governor at any time (1) for cause, after notice and hearing, or (2) after missing three
consecutive meetings. The chair of the board shall inform the governor of an appointed member
missing the three consecutive meetings. After the second consecutive missed meeting and before
the next meeting, the secretary of the board shall notify the appointed member in writing that the
member may be removed for missing the next meeting. In the case of a vacancy on the board, the
governor shall, with the advice and consent of the senate, appoint a person to fill the vacancy for
the remainder of the unexpired term.
    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
    Subd. 5. Membership vacancies within three months of appointment. Notwithstanding
any law to the contrary, when a membership on the board becomes vacant within three months
after being filled through the appointments process, the governor may, upon notification to the
Office of Secretary of State, choose a new member from the applications on hand and need
not repeat the process.
    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its members a
chair, vice-chair, and secretary. A quorum of the board shall consist of a majority of members
of the board qualified to vote on the matter in question. All questions concerning the manner in
which a meeting is conducted or called that is not covered by statute shall be determined by
Robert's Rules of Order (revised) unless otherwise specified by the bylaws.
    (b) Except as provided in paragraph (c), each high pressure piping code amendment
considered by the board that receives an affirmative two-thirds or more majority vote of all the
voting members of the board shall be included in the next high pressure piping code rulemaking
proceeding initiated by the board. If a high pressure piping code amendment considered, or
reconsidered, by the board receives less than a two-thirds majority vote of all the voting members
of the board, the high pressure piping code amendment shall not be included in the next high
pressure piping code rulemaking proceeding initiated by the board.
    (c) If the high pressure piping code amendment considered by the board is to replace
the Minnesota High Pressure Piping Code with a model high pressure piping code, then the
amendment may only be included in the next high pressure piping code rulemaking proceeding if
it receives an affirmative two-thirds or more majority vote of all the voting members of the board.
    (d) The board may reconsider high pressure piping code amendments during an active high
pressure piping code rulemaking proceeding in which the amendment previously failed to receive
a two-thirds majority vote or more of all the voting members of the board only if new or updated
information that affects the high pressure piping code amendment is presented to the board. The
board may also reconsider failed high pressure piping code amendments in subsequent high
pressure piping code rulemaking proceedings.
    (e) Each proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
affirmative majority vote of all the voting members of the board shall be included in the next
rulemaking proceeding initiated by the board. If a proposed rule or rule amendment considered,
or reconsidered, by the board receives less than an affirmative majority vote of all the voting
members of the board, the proposed rule or rule amendment shall not be included in the next
rulemaking proceeding initiated by the board.
    (f) The board may reconsider the proposed rule or rule amendment during an active
rulemaking proceeding in which the amendment previously failed to receive an affirmative
majority vote of all the voting members of the board only if new or updated information that
affects the proposed rule or rule amendment is presented to the board. The board may also
reconsider failed proposed rules or rule amendments in subsequent rulemaking proceedings.
    Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the board shall
specify. Notice and conduct of all meetings shall be pursuant to chapter 13D, and in such a
manner as the bylaws may provide.
    (b) If compliance with section 13D.02 is impractical, the board may conduct a meeting of its
members by telephone or other electronic means so long as the following conditions are met:
    (1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
    (2) members of the public present at the regular meeting location of the board can hear
clearly all discussion and testimony and all votes of members of the board and, if needed, receive
those services required by sections 15.44 and 15.441;
    (3) at least one member of the board is physically present at the regular meeting location; and
    (4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
    Each member of the board participating in a meeting by telephone or other electronic means
is considered present at the meeting for purposes of determining a quorum and participating in
all proceedings.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board, to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The board may require the person making such a connection
to pay for documented costs that the board incurs as a result of the additional connection.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and that a person may
monitor the meeting electronically from a remote location. Any person monitoring the meeting
electronically from a remote location may be required to pay documented costs incurred by the
board as a result of the additional connection. The timing and method of providing notice is
governed by section 13D.04.
    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner the
substance of any complaint or communication it receives, whether written or oral, that alleges or
implies a violation of a statute, rule, or order that the commissioner has the authority to enforce
pertaining to the license or registration of any person authorized by the department to provide
high pressure piping services, the performance or offering to perform high pressure piping
services requiring licensure by an unlicensed person, or high pressure code compliance. Each
complaint or communication that is forwarded to the commissioner shall be submitted on a
form provided by the commissioner.
    (b) The commissioner shall advise the board of the status of the complaint within 90 days
after the board's written submission is received, or within 90 days after the board is provided
with a written request for additional information or documentation from the commissioner or
the commissioner's designee, whichever is later. The commissioner shall advise the board of
the disposition of a complaint referred by the board within 180 days after the board's written
submission is received. The commissioner shall annually report to the board a summary of the
actions taken in response to complaints referred by the board.
    Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota Government
Data Practices Act, and shall protect from unlawful disclosure data classified as not public.
    Subd. 10. Official records. The board shall make and preserve all records necessary to a full
and accurate knowledge of its official activities in accordance with section 15.17.
History: 2007 c 140 art 10 s 10
326.51 [Repealed, 2007 c 140 art 13 s 3]
326.521 [Repealed, 2007 c 140 art 13 s 3]

MOTION PICTURE FILM EXHIBITORS

326.523 LICENSE PROVISIONS; DISTRIBUTION; CANCELLATION.
No distributor shall hereafter license feature motion picture films to an exhibitor to be
exhibited, shown or performed in this state unless the license provides:
(1) that all the feature motion picture films, which such distributor will license during the
exhibition season, or the unexpired portion thereof, shall be included: the term "all the feature
motion picture films" applies to each producer for whom the distributor is acting; and
(2) that the exhibitor shall have the right to cancel a minimum of 20 percent of the total
number of feature motion pictures included in such license where the exhibitor deems the same
injurious and damaging to business or offensive on moral, religious, or racial grounds.
The cancellation shall be made proportionately among the several price brackets, if there be
such price brackets in the license agreement. Any number of cancellations to which an exhibitor
is entitled, may be made the lowest price bracket at the exhibitor's option.
The right to cancellation shall not be effective, unless the exhibitor exercises such right by
giving notice thereof, to the distributor, by certified mail, within 15 days after being notified of the
availability of a feature motion picture. In determining the number of feature motion pictures
that may be canceled, fractions of one-half or more shall be counted as one and fractions of less
than one-half shall not be counted.
History: 1941 c 460 s 2; 1978 c 674 s 60; 1986 c 444
326.524 LICENSES MAY NOT CONTAIN CERTAIN RESTRICTIONS.
No distributor shall license feature motion picture films to an exhibitor to be exhibited,
shown, or performed in this state, upon the condition that the exhibitor must also license short
subjects, newsreels, trailers, serials, reissue, foreign, and western motion picture films.
History: 1941 c 460 s 3
326.525 LICENSES, WHEN VOID.
Any provision of any license hereafter made and entered into which is contrary to any
provisions of sections 326.523 to 326.526 and 326.01, subdivisions 14 to 19, is hereby declared to
be against public policy and void.
History: 1941 c 460 s 4
326.526 APPLICATION OF SECTIONS 326.523 TO 326.526.
The provisions of sections 326.523 to 326.526 and 326.01, subdivisions 14 to 19, shall not
apply to the licensing of motion picture films to any school, college, university, church, or any
educational, fraternal, or religious organizations in this state.
History: 1941 c 460 s 7
326.53 VIOLATIONS; PENALTY PROVISIONS.
    Subdivision 1. Generally. (1) Any violation of chapter 326A is a gross misdemeanor.
(2) Every person violating any of the provisions of sections 326.523 to 326.526, or assisting
in such violation, shall, upon conviction thereof, be punished by a fine not exceeding $3,000 or, in
default of the payment of such fine, by imprisonment in the county jail for not more than one year.
In the case of a corporation, the violation of these sections shall be deemed to be also that of the
individual directors, officers, or agents of such corporation who have assisted in such violation, or
who have authorized, ordered, or done the acts or omissions constituting, in whole or in part, such
violation; and, upon conviction thereof, any such directors, officers, or agents shall be punished
by fine or imprisonment as herein provided.
    Subd. 2.[Repealed, 1993 c 206 s 25]
    Subd. 3.[Renumbered 326.547]
History: (5697-12, 5705, 5886, 5887-27, 5887-30i) 1907 c 457 s 7; 1909 c 439 s 8; 1921
c 523 s 12; 1933 c 349 s 9; 1933 c 404 s 3; 1937 c 367 s 10; 1941 c 460 s 5; 1945 c 380 s 9;
Ex1967 c 1 s 6; 1977 c 305 s 45; 1984 c 628 art 3 s 11; 1992 c 542 s 4; 2001 c 109 art 2 s 5
326.54 [Repealed, 1983 c 293 s 115]
326.541 [Repealed, 1983 c 293 s 115]
326.542 [Repealed, 1983 c 293 s 115]
326.543 [Repealed, 1983 c 293 s 115]
326.544 [Repealed, 1983 c 293 s 115]
326.545 [Repealed, 1983 c 293 s 115]
326.546 [Repealed, 1983 c 293 s 115]
326.547 [Repealed, 1983 c 293 s 115]

MEMBERS OF ARMED FORCES

326.55 NONPAYMENT OF LICENSE FEES.
    Subdivision 1. Definitions. As used in this section:
(1) "Employment essential to the prosecution of the present war and to the national defense"
means employment by the United States of America, any of its agencies, or any contractor under
the United States of America, or subcontractor under such contractor, in work connected with the
prosecution of the present war or for the defense of the United States of America and others of
the United Nations during such war.
(2) "Outside of the United States" means outside of the territorial limits of the 50 states of
the United States and the District of Columbia.
    Subd. 2. Members of armed forces need not pay license fees. Any person required by law
to be licensed or registered in order to carry on or practice a trade, employment, occupation or
profession in the state of Minnesota who is also required by law to renew the license or certificate
of registration at stated intervals and to pay a fee for such renewal on or before a specified date, or
be subject to revocation of the license or certificate or other penalties, who has since the enactment
by the Congress of the United States of the Selective Service and Training Act of 1940 entered,
or shall hereafter enter, the armed forces of the United States of America, or who has since the
enactment of said act been engaged, or shall hereafter be engaged, in employment, outside of the
United States, essential to the prosecution of the present war and to the national defense, whose
license or certificate of registration was effective at the time of entry into the armed forces or
engagement in the employment aforesaid, is hereby exempted from the payment of all renewal
fees and from the filing of any application for renewal, which but for this section would have been
required as a condition of the renewal of the license or certificate, during the time the person has
been in such armed forces or in such employment, and from any penalties for nonpayment or late
payment, and is hereby exempted from further payment of such renewal fees and from the making
of any application for renewal during the period the person shall remain in such armed forces
or is engaged in such employment, and for a further period of six months from discharge from
the armed forces, if a member thereof, or from the date of return within the boundaries of the
United States if engaged in the employment hereinbefore referred to. The license or certificate
in the meantime shall remain in full force and effect, and if it has been canceled or revoked
since the date of the enactment of the Selective Service and Training Act of 1940 solely on the
ground of nonpayment of renewal fees, or failure to apply for a renewal, it shall be reinstated
upon the application of the licensee or registrant or any one on the licensee's or registrant's behalf
without the payment of any penalties or costs. Any such person may within six months from the
date of release from the armed forces of the United States, if the person has been a member of
such armed forces, or from the date of return within the boundaries of the United States if the
person has been engaged in employment hereinbefore referred to, make application for a renewal
of the license or certificate without penalty and in the same manner as if the person had made
application therefor at the time or times specified by existing laws.
History: 1943 c 121; 1965 c 45 s 52; 1986 c 444
326.56 LICENSES, CERTIFICATES OF REGISTRATION; RENEWALS.
    Subdivision 1. Definitions. For the purposes of this section the terms defined in this
subdivision shall have the meanings ascribed to them.
(1) "Active military service" has the meaning given in section 190.05, subdivision 5.
(2) "Employment essential to the prosecution of a war or to the national defense" means
employment by the federal government of the United States of America, or any of its agencies, or
by a federal government contractor or subcontractor in work connected with the prosecution of a
war or for the defense of the United States or its allies.
(3) "Outside of the United States" means outside of the territorial limits of the 50 states of
the United States and the District of Columbia.
    Subd. 2. License or registration, renewal; exemption for military service. (a)
Notwithstanding any other provision of statutes, any person required by law to be licensed
or registered by the state of Minnesota in order to carry on or practice a trade, employment,
occupation or profession within this state who is also required by law to renew the license or
certificate of registration at stated intervals and to pay a fee for such renewal on or before a
specified date, or be subject to revocation of the license or certificate or other penalties, and who
has been ordered into active military service, or who has been engaged, or shall hereafter be
engaged, in employment outside of the United States essential to the prosecution of a war or to
the national defense, whose license or certificate of registration was effective at the time of the
person's entry into active military service or engagement in the employment, is hereby exempted
from the payment of all renewal fees and from the filing of any application for renewal, which but
for this section would have been required as a condition of the renewal of the license or certificate,
during the time the person has been in active military service or that employment, and from any
penalties for nonpayment or late payment, and is hereby exempted from further payment of such
renewal fees and from the making of any application for renewal during the period the person shall
remain in active military service or the employment, and for six months thereafter. The license or
certificate in the meantime shall remain in full force and effect, and if it has been canceled or
revoked solely on the basis of nonpayment of renewal fees or failure to apply for a renewal, it shall
be reinstated upon the application of the licensee or registrant or by anyone on the person's behalf
without the payment of any penalties or costs. Any such person may within six months from the
date of release from active military service, or from the date of return within the boundaries of the
United States if the person has been engaged in the essential employment, make application for a
renewal of the license or certificate without penalty and in the same manner as if the person had
made application therefor at the time or time specified by existing laws, irrespective of whether
the license or certificate has expired or is due to expire within that time period.
    (b) The phrase "license or certificate of registration" in paragraph (a) includes, but is
not limited to, a license or certificate of registration for a trade, employment, occupation, or
profession for which the state requires firearms and use of force training. Any compensatory
job-related education or training considered necessary by the licensee's or registrant's employer
must be provided and paid for by the employer and must not be permitted to delay the licensee's
or registrant's reemployment.
History: 1951 c 301 s 1, 2; 1965 c 45 s 53; 1986 c 444; 2006 c 273 s 10; 2007 c 51 s 1

WATER CONDITIONING CONTRACTORS

AND INSTALLERS

326.57 WATER CONDITIONING CONTRACTOR AND INSTALLER STANDARDS.
    Subdivision 1. Rulemaking by commissioner. The commissioner shall, by rule, prescribe
minimum standards which shall be uniform, and which standards shall thereafter be effective for
all new water conditioning servicing and water conditioning installations, including additions,
extensions, alterations, and replacements connected with any water or sewage disposal system
owned or operated by or for any municipality, institution, factory, office building, hotel, apartment
building or any other place of business, regardless of location or the population of the city, county
or town in which located.
    Subd. 2. Inspectors. The commissioner shall administer the provisions of sections 326.57 to
326.65 and for such purposes may employ water conditioning inspectors and other assistants.
History: 1969 c 898 s 1; 1973 c 123 art 5 s 7; 1977 c 305 s 45; 1985 c 248 s 70; 1989 c
209 art 2 s 1; 2007 c 140 art 7 s 1
326.58 LOCAL REGULATIONS.
    Any city or town with a population of 5,000 or more according to the last federal census may,
by ordinance, adopt local regulations providing for water conditioning permits, bonds, approval
of plans, and inspections of water conditioning installations and servicing, which regulations shall
not be in conflict with the water conditioning standards on the same subject prescribed by the
commissioner. No such city or town shall prohibit water conditioning contractors or installers
licensed by the commissioner from engaging in or working at the business.
History: 1969 c 898 s 2; 1973 c 123 art 5 s 7; 1977 c 305 s 45; 2007 c 140 art 7 s 2
326.59 VIOLATIONS TO BE REPORTED TO COMMISSIONER.
    Such local authority as may be designated by any such ordinance for the issuance of such
water conditioning installation and servicing permits and approval of such plans shall report to the
commissioner persistent or willful violations of the same and any incompetence of a licensed water
conditioning contractor or licensed water conditioning installer observed by the local authority.
History: 1969 c 898 s 3; 1977 c 305 s 45; 2007 c 140 art 7 s 3
326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
    Subdivision 1. Licensing in certain cities. In any city or town having a population of 5,000
or more according to the last federal census, no person shall engage in or work at the business
of water conditioning installation or servicing after January 1, 1970, unless (1) at all times an
individual licensed as a water conditioning contractor by the commissioner shall be responsible
for the proper water conditioning installation and servicing work of such person, and (2) all
installations, other than exchanges of portable equipment, are performed by a licensed water
conditioning contractor or licensed water conditioning installer. Any individual not so licensed
may perform water conditioning work that complies with the minimum standard prescribed by
the commissioner on premises or that part of premises owned and occupied by the worker as a
residence, unless otherwise prohibited by a local ordinance.
    Subd. 2. Qualifications for licensing. A water conditioning contractor license shall be
issued only to an individual who has demonstrated skill in planning, superintending, and servicing
water conditioning installations. A water conditioning installer license shall only be issued to an
individual other than a water conditioning contractor who has demonstrated practical knowledge
of water conditioning installation.
    Subd. 3. Rules. The commissioner shall:
    (1) prescribe rules, not inconsistent herewith, for the licensing of water conditioning
contractors and installers;
     (2) license water conditioning contractors and installers;
     (3) prescribe rules not inconsistent herewith for the examining of water conditioning
contractors and installers prior to first granting a license as a water conditioning contractor or
water conditioning installer; and
     (4) collect an examination fee from each examinee for a license as a water conditioning
contractor and an examination fee from each examinee for a license as a water conditioning
installer in an amount set forth in section 326.62. A water conditioning installer must successfully
pass the examination for water conditioning contractors before being licensed as a water
conditioning contractor.
History: 1969 c 898 s 4; 1973 c 123 art 5 s 7; 1974 c 471 s 16; 1977 c 305 s 45; 1980 c
487 s 11; 1985 c 248 s 70; 1986 c 444; 2007 c 140 art 7 s 4
326.601 ALTERNATIVE STATE BONDING AND INSURANCE REGULATION.
    Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or installer
license or renewal thereof who is required by any political subdivision to give a bond to obtain or
maintain the license, may comply with any political subdivision bonding requirement by giving a
bond to the state as described in paragraph (b). No applicant for a water conditioning contractor or
installer license who maintains the bond under paragraph (b) shall be otherwise required to meet
the bond requirements of any political subdivision.
    (b) Each bond given to the state under this subdivision shall be in the total sum of $3,000
conditioned upon the faithful and lawful performance of all water conditioning contracting or
installing work done within the state. The bond shall be for the benefit of persons suffering
injuries or damages due to the work. The bond shall be filed with the commissioner and shall be
written by a corporate surety licensed to do business in this state. The bond must remain in effect
at all times while the application is pending and while the license is in effect.
    Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or installer
license or renewal thereof who is required by any political subdivision to maintain insurance to
obtain or maintain the license may comply with any political subdivision's insurance requirement
by maintaining the insurance described in paragraph (b). No applicant for a water conditioning
contractor or installer license who maintains the insurance described in paragraph (b) shall be
otherwise required to meet the insurance requirements of any political subdivision.
    (b) The insurance shall provide coverage, including products liability coverage, for all
damages in connection with licensed work for which the licensee is liable, with personal damage
limits of at least $50,000 per person and $100,000 per occurrence and property damage insurance
with limits of at least $10,000. The insurance shall be written by an insurer licensed to do business
in this state and a certificate evidencing the insurance shall be filed with the commissioner. The
insurance must remain in effect at all times while the application is pending and while the license
is in effect. The insurance shall not be canceled without the insurer first giving 15 days' written
notice to the commissioner.
    Subd. 3. Bond and insurance exemption. A water conditioning contractor or installer who
is an employee of a water conditioning contractor or installer, including an employee engaged in
the maintenance and repair of water conditioning equipment, apparatus, or facilities owned, leased
and operated, or maintained by the employer, is not required to meet the bond and insurance
requirements of subdivisions 1 and 2 or of any political subdivision.
    Subd. 4. Fee. The commissioner shall collect a $40 bond registration fee from each applicant
for issuance or renewal of a water conditioning contractor or installer license who elects to
proceed under subdivisions 1 and 2.
History: 1980 c 614 s 134; 1986 c 444; 2007 c 140 art 7 s 5
326.61 DEFINITIONS; RULES.
    Subdivision 1. Water conditioning installation. "Water conditioning installation" means
the installation of appliances, appurtenances, and fixtures designed to treat water so as to alter,
modify, add or remove mineral, chemical or bacterial content, said installation to be made in
a water distribution system serving a single family residential unit, which has been initially
established by a licensed plumber, and does not involve a direct connection without an air gap to
a soil or waste pipe.
    Subd. 2. Water conditioning servicing. "Water conditioning servicing" means the servicing
(including servicing prior to installation) of a water conditioning installation.
    Subd. 3. Rules. In order to provide effective protection of the public health, the commissioner
may by rule prescribe limitations on the nature of alteration to, extension of, or connection with,
the said water distribution system initially established by a licensed plumber which may be
performed by a person licensed hereunder, and may by rule in appropriate instances require filing
of plans, blueprints and specifications prior to commencement of installation. The installation
of water heaters shall not constitute water conditioning installation and consequently such work
shall be accomplished in accordance with the provisions of sections 326.361 to 326.44.
    Subd. 4. Single family residential unit. "Single family residential unit" means a building or
portion thereof which is arranged, designed, used or intended to be used for residential occupancy
by one family, but not including a motel, hotel or rooming house.
History: 1969 c 898 s 5; 1977 c 305 s 45; 1985 c 248 s 70; 1989 c 209 art 2 s 1; 2007 c
140 art 7 s 6-9
326.62 FEES.
     Unless examination fees have been set by a contract under section 326B.05, examination fees
for both water conditioning contractors and water conditioning installers shall be $50 for each
examination. Each water conditioning contractor and installer license shall expire on December
31 of the year for which it was issued. The license fee for each initial water conditioning
contractor's license shall be $70, except that the license fee shall be $35 if the application is
submitted during the last three months of the calendar year. The license fee for each renewal water
conditioning contractor's license shall be $70. The license fee for each initial water conditioning
installer license shall be $35, except that the license fee shall be $17.50 if the application is
submitted during the last three months of the calendar year. The license fee for each renewal
water conditioning installer license shall be $35. The commissioner may by rule prescribe for the
expiration and renewal of licenses. Any licensee who does not renew a license within two years
after the license expires is no longer eligible for renewal. Such an individual must retake and pass
the examination before a new license will be issued. A water conditioning contractor or water
conditioning installer who submits a license renewal application after the time specified in rule but
within two years after the license expired must pay all past due renewal fees plus a late fee of $25.
History: 1969 c 898 s 6; 1974 c 471 s 17; 1975 c 310 s 32; 1977 c 305 s 45; 2007 c 140
art 7 s 10
326.63 [Repealed, 1993 c 206 s 25]
326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
    The provisions of sections 326.57 to 326.65 that require licenses to engage in the work or
business of water conditioning installation, and the provisions that provide for the examination
of applicants for such licenses, shall only apply to work accomplished in cities or towns having
populations of 5,000 or more according to the last federal census, and shall not apply to master
plumbers and journeymen plumbers licensed under the provisions of sections 326.361 to 326.44.
History: 1969 c 898 s 9; 1973 c 123 art 5 s 7; 1989 c 209 art 2 s 1; 2007 c 140 art 7 s 11
326.66 [Repealed, 1988 c 629 s 64]

ASBESTOS ABATEMENT ACT

326.70 TITLE.
Sections 326.70 to 326.81 may be cited as the "Asbestos Abatement Act."
History: 1987 c 303 s 1; 1990 c 594 art 3 s 16
326.71 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to sections 326.70 to
326.81.
    Subd. 2. Asbestos. "Asbestos" means the asbestiform varieties of chrysotile (serpentine),
crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and
actinolite.
    Subd. 3. Asbestos-containing material. "Asbestos-containing material" means material that
contains more than one percent asbestos by microscopic visual estimation by area.
    Subd. 4. Asbestos-related work. "Asbestos-related work" means the enclosure, removal, or
encapsulation of asbestos-containing material in a quantity that meets or exceeds 260 linear feet
of friable asbestos-containing material on pipes, 160 square feet of friable asbestos-containing
material on other facility components, or, if linear feet or square feet cannot be measured, a
total of 35 cubic feet of friable asbestos-containing material on or off all facility components
in one facility. In the case of single or multifamily residences, "asbestos-related work" also
means the enclosure, removal, or encapsulation of greater than ten but less than 260 linear
feet of friable asbestos-containing material on pipes, greater than six but less than 160 square
feet of friable asbestos-containing material on other facility components, or, if linear feet or
square feet cannot be measured, greater than one cubic foot but less than 35 cubic feet of friable
asbestos-containing material on or off all facility components in one facility. This provision
excludes asbestos-containing floor tiles and sheeting, roofing materials, siding, and all ceilings
with asbestos-containing material in single family residences and buildings with no more than
four dwelling units. Asbestos-related work includes asbestos abatement area preparation;
enclosure, removal, or encapsulation operations; and an air quality monitoring specified in rule to
assure that the abatement and adjacent areas are not contaminated with asbestos fibers during the
project and after completion.
For purposes of this subdivision, the quantity of asbestos containing material applies
separately for every project.
    Subd. 4a. Asbestos inspector. "Asbestos inspector" means an individual who inspects a
site for the presence and condition of asbestos-containing material, or who reinspects a site to
assess the condition of previously identified asbestos-containing material or the presence of
other asbestos-containing material.
    Subd. 4b. Asbestos management activity. "Asbestos management activity" means
the performance of periodic inspections to determine the existence and condition of
asbestos-containing material, the development of site specific written programs for the
maintenance of asbestos-containing material in a condition which prevents the release of asbestos
fibers, the development of site specific written programs governing response procedures in the
event of an asbestos fiber release episode, and the development of project specifications for
asbestos-related work projects.
    Subd. 4c. Asbestos management planner. "Asbestos management planner" means an
individual who develops a written site specific asbestos-containing material maintenance plan and
a written site specific asbestos fiber release episode response plan addressing asbestos-containing
material at the site.
    Subd. 4d. Asbestos project designer. "Asbestos project designer" means an individual who
designs the asbestos-related work project specifications.
    Subd. 5. Commissioner. "Commissioner" means the commissioner of health.
    Subd. 6. Contracting entity. "Contracting entity" means a public or private body, board,
natural person, corporation, partnership, proprietorship, joint venture, fund, authority, or similar
entity that contracts with a person to do asbestos-related work or asbestos management activity
for the benefit of the contracting entity.
    Subd. 7.[Repealed, 1993 c 303 s 21]
    Subd. 8. Person. "Person" means an individual, body, board, corporation, partnership,
proprietorship, joint venture, fund, authority, or similar entity. This term also applies to the state,
its political subdivisions, and any boards, commissions, schools, institutions, or authorities
created or recognized by them.
History: 1987 c 303 s 2; 1990 c 594 art 3 s 16; 1993 c 303 s 1-9; 1994 c 567 s 19; 1995 c
165 s 12; 1995 c 185 s 6; 1997 c 205 s 32,33; 1Sp1997 c 5 s 1
326.72 ASBESTOS LICENSE.
    Subdivision 1. When license required. A person within the state intending to
directly perform or cause to be performed through subcontracting or similar delegation any
asbestos-related work either for financial gain or with respect to the person's own property shall
first apply for and obtain a license from the commissioner. The license shall be in writing, be
dated when issued, contain an expiration date, be signed by the commissioner, and give the name
and address of the person to whom it is issued.
The domiciled owner of a single family residence is not required to hold a license or pay a
project permit fee to conduct asbestos-related work in the domiciled residence.
    Subd. 2. Display of license. Licensees shall post a project permit, obtained from the
commissioner after compliance with the provisions of section 326.74 and rules promulgated
under section 326.78, in a conspicuous place outside of the asbestos work area. The actual
license or a copy shall be readily available at the work site for inspection by the commissioner,
other public officials charged with the health, safety, and welfare of the state's citizens, and
the contracting entity.
History: 1987 c 303 s 3; 1993 c 303 s 10; 1997 c 205 s 34
326.73 ASBESTOS CERTIFICATIONS.
    Subdivision 1. Asbestos-related work certification. Before an individual performs
asbestos-related work, the individual shall first obtain a certificate from the commissioner
certifying that the individual is qualified to perform the work. No certificate shall be issued
unless the individual has shown evidence of training or experience in the general commercial
construction trades, has taken a course of training in asbestos control and removal, passed an
examination in those subjects, and demonstrated to the commissioner the ability to perform
asbestos-related work safely in accordance with the current state-of-the-art technology. The
commissioner shall specify the course of training necessary. The certificate issued by the
commissioner shall be in writing, be dated when issued, contain an expiration date, be signed
by the commissioner, and contain the name and address of the individual to whom it is issued.
The certificate shall be carried by the individual and be readily available for inspection by the
commissioner, other public officials charged with the health, safety, and welfare of the state's
citizens, and the contracting entity.
    Subd. 2. Asbestos inspector certification. Before an individual performs an asbestos
inspection, the individual shall first obtain a certificate from the commissioner. The commissioner
shall issue an asbestos inspector certificate to an individual who has shown evidence of completion
of training on asbestos inspection specified by the commissioner in rule, passed an examination in
that subject, and has shown evidence of experience as required by rule. The certificate issued by
the commissioner shall be in writing, be dated when issued, contain an expiration date, be signed
by the commissioner, and contain the name and address of the individual to whom it is issued.
    Subd. 3. Asbestos management planner certification. Before an individual develops an
asbestos management plan, the individual shall first obtain a certificate from the commissioner.
The commissioner shall issue an asbestos management planner certificate to an individual
who has shown evidence of completion of training on asbestos management plan development
specified by the commissioner in rule, passed an examination in that subject, and has shown
evidence of experience as required by rule. The certificate issued by the commissioner shall be in
writing, be dated when issued, contain an expiration date, be signed by the commissioner, and
contain the name and address of the individual to whom it is issued.
    Subd. 4. Asbestos project designer certification. Before an individual designs an
asbestos-related work project, the individual shall first obtain a certificate from the commissioner.
The commissioner shall issue an asbestos project designer certificate to an individual who
has shown evidence of completion of training on asbestos project design specified by the
commissioner in rule, passed an examination in that subject, and has shown evidence of
experience as required by rule. The certificate issued by the commissioner shall be in writing,
be dated when issued, contain an expiration date, be signed by the commissioner, and contain
the name and address of the individual to whom it is issued.
History: 1987 c 303 s 4; 1988 c 689 art 2 s 233; 1993 c 303 s 11
326.74 REPORTING ASBESTOS WORK.
Written notice shall be given to the commissioner of an asbestos-related work project by the
person holding the license issued under section 326.72, subdivision 1. Unless the project is an
emergency project, the notice shall be given to the commissioner at least five calendar days before
the project begins. The notice shall contain the following information:
(1) a brief description of the work to be performed;
(2) the name of the contracting entity;
(3) the location and address of the project work site;
(4) the approximate duration of the project;
(5) the approximate amount of the asbestos involved in the project;
(6) the name of any project manager; and
(7) other information required by the commissioner.
History: 1987 c 303 s 5; 1993 c 303 s 12; 1997 c 205 s 35
326.75 FEES.
    Subdivision 1. Licensing fee. A person required to be licensed under section 326.72 shall,
before receipt of the license and before causing asbestos-related work to be performed, pay the
commissioner an annual license fee of $100.
    Subd. 2. Certification fee. An individual required to be certified under section 326.73,
subdivision 1
, shall pay the commissioner a certification fee of $50 before the issuance of the
certificate. The commissioner may establish by rule fees required before the issuance of asbestos
inspector, asbestos management planner, and asbestos project designer certificates required under
section 326.73, subdivisions 2, 3, and 4.
    Subd. 3. Permit fee. Five calendar days before beginning asbestos-related work, a person
shall pay a project permit fee to the commissioner equal to one percent of the total costs of the
asbestos-related work. For asbestos-related work performed in single or multifamily residences,
of greater than ten but less than 260 linear feet of asbestos-containing material on pipes, or
greater than six but less than 160 square feet of asbestos-containing material on other facility
components, a person shall pay a project permit fee of $35 to the commissioner.
    Subd. 3a. Asbestos-related training course permit fee. The commissioner shall establish
by rule a permit fee to be paid by a training course provider on application for a training course
permit or renewal of a permit of each asbestos-related training course required for certification
or registration.
    Subd. 4. Deposit of fees. Fees collected under this section shall be deposited in the state
government special revenue fund.
History: 1987 c 303 s 6; 1990 c 594 art 3 s 13; 1993 c 303 s 13; 1Sp1993 c 1 art 9 s 73;
1994 c 567 s 20; 1995 c 165 s 13
326.76 DUTIES OF CONTRACTING ENTITIES.
A contracting entity intending to have asbestos-related work or asbestos management
activity performed for its benefit shall include in the specifications and contracts for the work a
requirement that the work be performed by contractors and subcontractors licensed or certified by
the commissioner under sections 326.70 to 326.81 and in accordance with rules prescribed by the
commissioner related to asbestos-related work and asbestos management activity. No contracting
entity shall allow asbestos-related work or asbestos management activity to be performed for its
benefit unless it has seen that the person has a valid license or certificate. A contracting entity's
failure to comply with this section does not relieve a person from any responsibilities under
sections 326.70 to 326.81.
History: 1987 c 303 s 7; 1990 c 594 art 3 s 16; 1993 c 303 s 14; 1997 c 205 s 36
326.77 INDOOR AIR STANDARD.
(a) The commissioner may adopt rules establishing an indoor air standard for asbestos.
(b) Until the rules become effective, asbestos remaining in the air following the completion
of an abatement project shall not exceed .01 fibers greater than five microns in length per cubic
centimeter of air.
History: 1987 c 303 s 8
326.78 DUTIES OF COMMISSIONER.
    Subdivision 1. Rulemaking. The commissioner shall adopt and begin enforcement of rules
necessary to implement sections 326.70 to 326.81. The rules adopted shall not be duplicative of
rules adopted by the commissioner of the Department of Labor and Industry. The rules shall
include rules in the following areas:
(1) application, enclosure, removal, and encapsulation procedures;
(2) license and certificate qualification requirements;
(3) examinations for obtaining a license and certificate;
(4) training necessary for individual certification;
(5) qualifications for managers of asbestos-related work projects;
(6) asbestos-related work and asbestos management activity specifications;
(7) any contractor bonding and insurance requirements deemed necessary by the
commissioner;
(8) license and certificate issuance and revocation procedures;
(9) suspension or revocation of licenses or certificates;
(10) license and certificate suspension and revocation criteria;
(11) cleanup standards;
(12) continuing education requirements; and
(13) other rules necessary to implement sections 326.70 to 326.81.
    Subd. 2. Issuance of licenses and certificates. The commissioner may issue licenses to
persons and certificates to individuals who meet the criteria in sections 326.70 to 326.81 and the
commissioner's rules. Licenses shall be valid for 12 months. Certificates shall be valid for 12
months after the completion date on the approved training course diploma.
    Subd. 3. Delegation. The commissioner may, in writing, delegate the inspection and
enforcement authority granted in sections 326.70 to 326.81 to other state agencies regulating
asbestos.
    Subd. 4.[Repealed, 1993 c 206 s 25]
    Subd. 5. Subpoenas. In matters under investigation by or pending before the commissioner
under sections 326.70 to 326.81, the commissioner may issue subpoenas and compel the
attendance of witnesses and the production of papers, books, records, documents, and other
relevant evidentiary material. A person failing or refusing to comply with the subpoena or order
may, upon application by the commissioner to the district court in any district, be ordered by the
court to comply with the order or subpoena. The commissioner may also administer oaths and
affirmations to witnesses. Depositions may be taken within or without the state in the manner
provided by law for the taking of depositions in civil actions. A subpoena or other process or
paper may be served upon any person anywhere within the state by an officer authorized to
serve subpoenas in civil actions, with the same fees and mileage costs paid, and in the manner
as prescribed by law, for process of the state district courts. Fees and mileage and other costs of
persons subpoenaed by the commissioner shall be paid in the manner prescribed for proceedings
in district court.
    Subd. 6.[Repealed, 1993 c 206 s 25]
    Subd. 7.[Repealed, 1993 c 206 s 25]
    Subd. 8.[Repealed, 1993 c 206 s 25]
    Subd. 9. Penalties. A person who violates any of the requirements of sections 326.70 to
326.81 or any requirement, rule, or order issued under those sections is subject to a civil penalty
of not more than $10,000 per day of violation. Penalties may be recovered in a civil action in the
name of the state brought by the attorney general.
History: 1987 c 303 s 9; 1989 c 282 art 2 s 183; 1990 c 594 art 3 s 16; 1993 c 303 s 15;
1994 c 465 art 3 s 70; 1995 c 165 s 14,15; 1995 c 186 s 119; 1997 c 205 s 37
326.785 ASBESTOS CONTAINMENT BARRIERS.
Notwithstanding Minnesota Rules, part 4620.3568, subparts 1 to 4, containment barriers, in
the case of tunnel abatement enclosures, are limited to double critical barriers.
History: 1990 c 381 s 1; 1993 c 303 s 16; 1997 c 205 s 38
326.79 [Repealed, 1993 c 206 s 25]
326.80 [Repealed, 1993 c 206 s 25]
326.81 DISCRIMINATION; SANCTIONS.
A person who discriminates against or otherwise sanctions an employee who complains to
or cooperates with the commissioner in administering sections 326.70 to 326.81 is guilty of
a misdemeanor.
History: 1987 c 303 s 12; 1990 c 594 art 3 s 16; 1993 c 303 s 19
326.82 [Repealed, 1990 c 594 art 3 s 15]

RESIDENTIAL CONTRACTORS AND REMODELERS

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.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 4.[Repealed, 2007 c 140 art 13 s 3]
    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 or leases 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 residential roofer licensed under sections 326.83 to 326.98.
    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. "Owner," when used in connection with real property, means a person who
has any legal or equitable interest in the real property.
    Subd. 12.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 13.[Repealed, 2007 c 140 art 13 s 3]
    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. Residential roofer. "Residential 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) Residential roofing. Residential 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; and
    (5) 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 only 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; 2007 c 140 art 8 s 2-7
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
326.841 MANUFACTURED HOME INSTALLERS.
    (a) Manufactured home installers are subject to all of the requirements of sections 326.83
to 326.98, except for the following:
    (1) manufactured home installers are not subject to the continuing education requirements
of section 326.87, but are subject to the continuing education requirements established in rules
adopted under section 327B.10
;
    (2) the examination requirement of section 326.89, subdivision 3, for manufactured home
installers shall be satisfied by successful completion of a written examination administered and
developed specifically for the examination of manufactured home installers. The examination
must be administered and developed by the commissioner. The commissioner and the state
building official shall seek advice on the grading, monitoring, and updating of examinations from
the Minnesota Manufactured Housing Association;
    (3) a local government unit may not place a surcharge on a license fee, and may not charge
a separate fee to installers;
    (4) a dealer or distributor who does not install or repair manufactured homes is exempt
from licensure under sections 326.83 to 326.98;
    (5) the exemption under section 326.84, subdivision 3, clause (5), does not apply; and
    (6) manufactured home installers are not subject to the contractor recovery fund in section
326.975.
    (b) The commissioner may waive all or part of the requirements for licensure as a
manufactured home installer for any individual who holds an unexpired license or certificate
issued by any other state or other United States jurisdiction if the licensing requirements of that
jurisdiction meet or exceed the corresponding licensing requirements of the department.
History: 1993 c 9 s 4; 1997 c 206 s 11; 2007 c 140 art 8 s 9
326.842 RESIDENTIAL ROOFERS.
    Residential roofers are subject to all of the requirements of sections 326.83 to 326.98, except
the recovery fund in section 326.975.
History: 1993 c 145 s 5; 1993 c 366 s 19; 2007 c 140 art 8 s 10
326.85 [Repealed, 2007 c 140 art 13 s 3]
326.86 FEES.
    Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to sections
326.83 to 326.98 is $100 per year.
    Subd. 2. Local surcharge. A local government unit may place a surcharge in an amount no
greater than $5 on each land use, zoning, or building permit that requires a licensed residential
building contractor, residential remodeler, residential roofer, or manufactured home installer for
the purpose of license verification. The local government may verify a license by telephone,
facsimile or electronic communication. A local government unit shall not issue a land use, zoning,
or building permit unless the required license has been verified and is current.
History: 1991 c 306 s 10; 1993 c 245 s 17; 1996 c 305 art 3 s 34; 1997 c 200 art 1 s 72;
1999 c 223 art 2 s 46; 1999 c 250 art 3 s 28; 2007 c 140 art 8 s 11
326.87 CONTINUING EDUCATION.
    Subdivision 1. Standards. The commissioner may by rule adopt standards for continuing
education requirements and course and instructor approval. The standards must include
requirements for continuing education in the implementation of energy codes applicable to
buildings and other building codes designed to conserve energy.
    Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion of seven
hours of continuing education per year in the regulated industry in which the licensee is licensed.
    Credit may not be earned if the licensee has previously obtained credit for the same course as
either a student or instructor during the same licensing period.
    Subd. 3. Accessibility. To the extent possible, the commissioner shall ensure that continuing
education courses are offered throughout the state and are easily accessible to all licensees.
    Subd. 4. Renewal of approval. The commissioner is authorized to establish a procedure for
renewal of course approval.
    Subd. 5. Content. (a) Continuing education consists of approved courses that impart
appropriate and related knowledge in the regulated industries pursuant to sections 326.83 to
326.98. The burden of demonstrating that courses impart appropriate and related knowledge is
upon the person seeking approval or credit.
    (b) Course examinations will not be required for continuing education courses unless they
are required by the sponsor.
    (c) Textbooks are not required to be used for continuing education courses. If textbooks are
not used, the coordinator must provide students with a syllabus containing, at a minimum, the
course title, the times and dates of the course offering, the names and addresses or telephone
numbers of the course coordinator and instructor, and a detailed outline of the subject materials
to be covered. Any written or printed material given to students must be of readable quality
and contain accurate and current information.
    (d) Upon completion of an approved course, licensees shall earn one hour of continuing
education credit for each hour approved by the commissioner. Each continuing education course
must be attended in its entirety in order to receive credit for the number of approved hours.
Courses may be approved for full or partial credit, and for more than one regulated industry.
    Continuing education credit in an approved course shall be awarded to presenting instructors
on the basis of one credit for each hour of preparation for the initial presentation, which may not
exceed three hours total credit for each approved course. Continuing education credit may not be
earned if the licensee has previously obtained credit for the same course as a licensee or as an
instructor within the three years immediately prior.
    (e) The following courses will not be approved for credit:
    (1) courses designed solely to prepare students for a license examination;
    (2) courses in mechanical office or business skills, including typing, speed reading, or
other machines or equipment. Computer courses are allowed, if appropriate and related to the
regulated industry of the licensee;
    (3) courses in sales promotion, including meetings held in conjunction with the general
business of the licensee;
    (4) courses in motivation, salesmanship, psychology, time management, or communication;
or
    (5) courses that are primarily intended to impart knowledge of specific products of specific
companies, if the use of the product or products relates to the sales promotion or marketing of one
or more of the products discussed.
    Subd. 6. Course approval. (a) Courses must be approved by the commissioner in advance
and will be approved on the basis of the applicant's compliance with the provisions of this section
relating to continuing education in the regulated industries. The commissioner shall make the final
determination as to the approval and assignment of credit hours for courses. Courses must be
at least one hour in length.
    Individuals requesting credit for continuing education courses that have not been previously
approved shall, on a form prescribed by the commissioner, submit an application for approval
of continuing education credit accompanied by a nonrefundable fee of $10 for each course to
be reviewed. To be approved, courses must be in compliance with the provisions of this section
governing the types of courses that will and will not be approved.
    Approval will not be granted for time spent on meals or other unrelated activities. Breaks
may not be accumulated in order to dismiss the class early. Classes shall not be offered by a
provider to any one student for longer than eight hours in one day, excluding meal breaks.
    (b) Application for course approval must be submitted 30 days before the course offering.
    (c) Approval must be granted for a subsequent offering of identical continuing education
courses without requiring a new application if a notice of the subsequent offering is filed with the
commissioner at least 30 days in advance of the date the course is to be held. The commissioner
shall deny future offerings of courses if they are found not to be in compliance with the laws
relating to course approval.
    Subd. 7. Courses open to all. All course offerings must be open to any interested individuals.
Access may be restricted by the sponsor based on class size only. Courses must not be approved if
attendance is restricted to any particular group of people, except for company-sponsored courses
allowed by applicable law.
    Subd. 8. Course coordinator. (a) Each course of study shall have at least one coordinator,
approved by the commissioner, who is responsible for supervising the program and ensuring
compliance with all relevant law. Sponsors may engage an additional approved coordinator in
order to assist the coordinator or to act as a substitute for the coordinator in the event of an
emergency or illness.
    (b) The commissioner shall approve as a coordinator a person meeting one or more of
the following criteria:
    (1) at least three years of full-time experience in the administration of an education program
during the five-year period immediately before the date of application;
    (2) a degree in education plus two years' experience during the immediately preceding
five-year period in one of the regulated industries for which courses are being approved; or
    (3) a minimum of five years' experience within the previous six years in the regulated
industry for which courses are held.
    Subd. 9. Responsibilities. A coordinator is responsible for:
    (1) ensuring compliance with all laws and rules relating to continuing educational offerings
governed by the commissioner;
    (2) ensuring that students are provided with current and accurate information relating to the
laws and rules governing their licensed activity;
    (3) supervising and evaluating courses and instructors. Supervision includes ensuring that
all areas of the curriculum are addressed without redundancy and that continuity is present
throughout the entire course;
    (4) ensuring that instructors are qualified to teach the course offering;
    (5) furnishing the commissioner, upon request, with copies of course and instructor
evaluations and qualifications of instructors. Evaluations must be completed by students at the
time the course is offered and by coordinators within five days after the course offering;
    (6) investigating complaints related to course offerings or instructors. A copy of the written
complaint must be sent to the commissioner within ten days of receipt of the complaint and a
copy of the complaint resolution must be sent not more than ten days after resolution is reached;
    (7) maintaining accurate records relating to course offerings, instructors, tests taken by
students if required, and student attendance for a period of three years from the date on which the
course was completed. These records must be made available to the commissioner upon request.
In the event that a sponsor ceases operation for any reason, the coordinator is responsible for
maintaining the records or providing a custodian for the records acceptable to the commissioner.
The coordinator must notify the commissioner of the name and address of that person. In order to
be acceptable to the commissioner, custodians must agree to make copies of acknowledgments
available to students at a reasonable fee. Under no circumstances will the commissioner act
as custodian of the records;
    (8) ensuring that the coordinator is available to instructors and students throughout course
offerings and providing to the students and instructor the name of the coordinator and a telephone
number at which the coordinator can be reached;
    (9) attending workshops or instructional programs as reasonably required by the
commissioner;
    (10) providing course completion certificates within ten days of, but not before, completion
of the entire course. Course completion certificates must be completed in their entirety. Course
completion certificates must contain the following statement: "If you have any comments about
this course offering, please mail them to the Minnesota Department of Labor and Industry." The
current address of the department must be included. A coordinator may require payment of the
course tuition as a condition for receiving the course completion certificate; and
    (11) notifying the commissioner in writing within ten days of any change in the information
in an application for approval on file with the commissioner.
    Subd. 10. Instructors. (a) Each continuing education course shall have an instructor who
is qualified by education, training, or experience to ensure competent instruction. Failure to
have only qualified instructors teach at an approved course offering will result in loss of course
approval. Coordinators are responsible to ensure that an instructor is qualified to teach the
course offering.
    (b) Qualified continuing education instructors must have one of the following qualifications:
    (1) a four-year degree in any area plus two years' practical experience in the subject area
being taught;
    (2) five years' practical experience in the subject area being taught; or
    (3) a college or graduate degree in the subject area being taught.
    (c) Approved instructors are responsible for:
    (1) compliance with all laws and rules relating to continuing education;
    (2) providing students with current and accurate information;
    (3) maintaining an atmosphere conducive to learning in the classroom;
    (4) verifying attendance of students, and certifying course completion;
    (5) providing assistance to students and responding to questions relating to course materials;
and
    (6) attending the workshops or instructional programs that are required by the commissioner.
    Subd. 11. Prohibited practices for coordinators and instructors. (a) In connection with an
approved continuing education course, coordinators and instructors shall not:
    (1) recommend or promote the services or practices of a particular business;
    (2) encourage or recruit individuals to engage the services of, or become associated with, a
particular business;
    (3) use materials, clothing, or other evidences of affiliation with a particular entity;
    (4) require students to participate in other programs or services offered by the instructor,
coordinator, or sponsor;
    (5) attempt, either directly or indirectly, to discover questions or answers on an examination
for a license;
    (6) disseminate to any other person specific questions, problems, or information known or
believed to be included in licensing examinations;
    (7) misrepresent any information submitted to the commissioner;
    (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in the
course outline approved by the commissioner during the approved instruction; or
    (9) issue inaccurate course completion certificates.
    (b) Coordinators shall notify the commissioner within ten days of a felony or gross
misdemeanor conviction or of disciplinary action taken against an occupational or professional
license held by the coordinator or an instructor teaching an approved course. The notification
shall be grounds for the commissioner to withdraw the approval of the coordinator and to disallow
the use of the instructor.
    Subd. 12. Fees. Fees for an approved course of study and related materials must be clearly
identified to students. In the event that a course is canceled for any reason, all fees must be
returned within 15 days from the date of cancellation. In the event that a course is postponed for
any reason, students shall be given the choice of attending the course at a later date or having their
fees refunded in full within 15 days from the date of postponement. If a student is unable to attend
a course or cancels the registration in a course, sponsor policies regarding refunds shall govern.
    Subd. 13. Facilities. Each course of study must be conducted in a classroom or other facility
that is adequate to comfortably accommodate the instructors and the number of students enrolled.
The sponsor may limit the number of students enrolled in a course. Approved courses may be
held on the premises of a company doing business in the regulated area only when the company is
sponsoring the course offering, or where product application is appropriate and related.
    Subd. 14. Supplementary materials. An adequate supply of supplementary materials to be
used or distributed in connection with an approved course must be available at the time and place
of the course offering in order to ensure that each student receives all of the necessary materials.
Outlines and any other materials that are reproduced must be of readable quality.
    Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising of continuing
education courses.
    (b) Advertising must be truthful and not deceptive or misleading. Courses may not be
advertised in any manner as approved unless approval has been granted in writing by the
commissioner.
    (c) No advertisement, pamphlet, circular, or other similar materials pertaining to an
approved offering may be circulated or distributed in this state, unless the following statement
is prominently displayed:
    "This course has been approved by the Minnesota Department of Labor and Industry for .......
(approved number of hours) hours for continuing ....... (relevant industry) education."
    (d) Advertising of approved courses must be clearly distinguishable from the advertisement
of other nonapproved courses and services.
    (e) Continuing education courses may not be advertised before approval unless the course
is described in the advertising as "approval pending" and an application for approval has been
timely submitted to the commissioner and a denial has not been received.
    (f) The number of hours for which a course has been approved must be prominently
displayed on an advertisement for the course. If the course offering is longer than the number of
hours of credit to be given, it must be clear that credit is not earned for the entire course.
    (g) The course approval number must not be included in any advertisement.
    Subd. 16. Notice to students. At the beginning of each approved offering, the following
notice must be handed out in printed form or must be read to students:
    "This educational offering is recognized by the Minnesota Department of Labor and Industry
as satisfying ....... (insert number of hours approved) hours of credit toward continuing ....... (insert
appropriate industry) education requirements."
    Subd. 17. Audits. The commissioner reserves the right to audit subject offerings with or
without notice to the sponsor.
    Subd. 18. Falsification of reports. A licensee, its qualified person, or an applicant found to
have falsified an education report to the commissioner shall be considered to have violated the
laws relating to the industry for which the person has a license and shall be subject to censure,
limitation, condition, suspension, or revocation of the license or denial of the application for
licensure.
    The commissioner reserves the right to audit a licensee's continuing education records.
    Subd. 19. Waivers and extensions. If a licensee provides documentation to the
commissioner that the licensee or its qualifying person is unable, and will continue to be unable,
to attend actual classroom course work because of a physical disability, medical condition, or
similar reason, attendance at continuing education courses shall be waived for a period not
to exceed one year. The commissioner shall require that the licensee or its qualifying person
satisfactorily complete a self-study program to include reading a sufficient number of textbooks,
or listening to a sufficient number of tapes, related to the regulated industry, as would be necessary
for the licensee to satisfy continuing educational credit hour needs. The commissioner shall award
the licensee credit hours for a self-study program by determining how many credit hours would
be granted to a classroom course involving the same material and giving the licensee the same
number of credit hours under this section. The licensee may apply each year for a new waiver
upon the same terms and conditions as were necessary to secure the original waiver, and must
demonstrate that in subsequent years, the licensee was unable to complete actual classroom course
work. The commissioner may request documentation of the condition upon which the request for
waiver is based as is necessary to satisfy the commissioner of the existence of the condition and
that the condition does preclude attendance at continuing education courses.
    Upon written proof demonstrating a medical hardship, the commissioner shall extend, for
up to 90 days, the time period during which the continuing education must be successfully
completed. Loss of income from either attendance at courses or cancellation of a license is not a
bona fide financial hardship. Requests for extensions must be submitted to the commissioner in
writing no later than 60 days before the education is due and must include an explanation with
verification of the hardship, plus verification of enrollment at an approved course of study on or
before the extension period expires.
    Subd. 20. Reporting requirements. Required continuing education must be reported in
a manner prescribed by the commissioner. Licensees are responsible for maintaining copies
of course completion certificates.
    Subd. 21. Residential building contractor, residential remodeler, and residential roofer
education. (a) Each licensee must, during the licensee's first complete continuing education
reporting period, complete and report one hour of continuing education relating to lead abatement
rules in safe lead abatement procedures.
    (b) Each licensee must, during each continuing education reporting period, complete and
report one hour of continuing education relating to energy codes for buildings and other building
codes designed to conserve energy.
    Subd. 22. Continuing education approval. (a) Continuing education courses must be
approved in advance by the commissioner of labor and industry. "Sponsor" means any person or
entity offering approved education.
    (b) For coordinators with an initial approval date before August 1, 2005, approval will expire
on December 31, 2005. For courses with an initial approval date on or before December 31, 2000,
approval will expire on April 30, 2006. For courses with an initial approval date after January 1,
2001, but before August 1, 2005, approval will expire on April 30, 2007.
    Subd. 23. Continuing education fees. The following fees shall be paid to the commissioner:
    (1) initial course approval, $10 for each hour or fraction of one hour of continuing education
course approval sought. Initial course approval expires on the last day of the 24th month after the
course is approved;
    (2) renewal of course approval, $10 per course. Renewal of course approval expires on the
last day of the 24th month after the course is renewed;
    (3) initial coordinator approval, $100. Initial coordinator approval expires on the last day of
the 24th month after the coordinator is approved; and
    (4) renewal of coordinator approval, $10. Renewal of coordinator approval expires on the
last day of the 24th month after the coordinator is renewed.
    Subd. 24. Refunds. All fees paid to the commissioner under this section are nonrefundable,
except that an overpayment of a fee shall be returned upon proper application.
History: 1991 c 306 s 11; 1992 c 522 s 23; 1992 c 595 s 25; 1992 c 597 s 17; 1993 c 245 s
18; 1996 c 439 art 4 s 2; 2007 c 140 art 8 s 12
326.875 [Repealed, 2007 c 140 art 13 s 3]
326.88 LOSS OF QUALIFYING PERSON.
    Upon the departure or disqualification of a licensee's qualifying person because of death,
disability, retirement, position change, or other reason, the licensee must notify the commissioner
within 15 business days. The licensee shall have 120 days from the departure of the qualifying
person to obtain a new qualifying person. Failure to secure a new qualifying person within 120
days will, with or without notice, result in the automatic termination of the license.
History: 1991 c 306 s 12; 1993 c 245 s 20; 2007 c 140 art 8 s 13
326.89 APPLICATION AND EXAMINATION.
    Subdivision 1. Form. An applicant for a license under sections 326.83 to 326.98 must
submit an application, under oath and accompanied by the license fee required by section 326.86,
on a form prescribed by the commissioner. Within 30 business days of receiving all required
information, the commissioner must act on the license request. If one of the categories in the
application does not apply, the applicant must identify the category and state the reason the
category does not apply. The commissioner may refuse to issue a license if the application is not
complete or contains unsatisfactory information.
    Subd. 2. Contents. Each application must include the following information regarding the
applicant:
    (1) Minnesota workers' compensation insurance certificate;
    (2) employment insurance account number;
    (3) certificate of liability insurance;
    (4) type of license requested;
    (5) name, current address, and telephone number where the applicant resides;
    (6) name and address of the applicant's qualifying person, if other than applicant;
    (7) if the applicant is a sole proprietorship, the name and address of the sole proprietor; if
the applicant is a partnership, the name and address of each partner; if the applicant is a limited
liability company, the name and address of each governor and manager; if the applicant is a
corporation, the name and address of each of the corporate officers, directors, and all shareholders
holding more than ten percent of the outstanding stock in the corporation;
    (8) name and address of the applicant's agent in this state authorized to receive service of
process, and a consent to service of process as required by section 326.93;
    (9) current street address and telephone number where the business is physically located;
    (10) whether the applicant, any employee, or qualifying person has ever been licensed in this
or any other state and has had a professional or vocational license reprimanded, censured, limited,
conditioned, refused, suspended, or revoked, or has been the subject of any administrative action;
    (11) whether the applicant, qualifying person, or any of the applicant's corporate or
partnership directors, limited liability company governors, officers, limited or general partners,
managers, all shareholders holding more than ten percent of the share of the corporation that have
been issued, or all members holding more than ten percent of the voting power of the membership
interests that have been issued, has been convicted of a crime that either related directly to the
business for which the license is sought or involved fraud, misrepresentation, or misuse of funds;
has suffered a judgment in a civil action involving fraud, misrepresentation, construction defect,
negligence, breach of contract, or conversion of funds within the ten years prior to the submission
of the application; or has had any government license or permit reprimanded, censured, limited,
conditioned, suspended, or revoked as a result of an action brought by a federal, state, or local
governmental unit or agency in this or any other state;
    (12) the applicant's and qualifying person's business history for the past five years and
whether the applicant, a managing employee, or qualifying person has ever filed for bankruptcy
or protection from creditors or has any unsatisfied judgments against the applicant, employee,
or qualifying person;
    (13) where the applicant is a firm, partnership, sole proprietorship, limited liability company,
corporation, or association, whether there has been a sale or transfer of the business or other
change in ownership, control, or name in the last five years and the details thereof, and the names
and addresses of all prior, predecessor, subsidiary, affiliated, parent, or related entities, and
whether each such entity, or its owners, officers, directors, members or shareholders holding more
than ten percent of the stock, or an employee has ever taken or been subject to an action that is
subject to clause (10), (11), or (12) in the last ten years; and
    (14) whether the qualifying person is the qualifying person for more than one licensee.
    For purposes of this subdivision, "applicant" includes employees who exercise management
or policy control over the residential contracting, residential remodeling, residential roofing, or
manufactured home installation activities in the state of Minnesota, including affiliates, partners,
directors, governors, officers, limited or general partners, managers, all shareholders holding
more than ten percent of the shares that have been issued, a shareholder holding more than ten
percent of the voting power of the shares that have been issued, or all members holding more
than ten percent of the membership interests that have been issued or more than ten percent of the
voting power of the membership interests that have been issued.
    The commissioner may require further information as the commissioner deems appropriate
to administer the provisions and further the purposes of this chapter.
    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete a written
examination for the type of license requested. The commissioner may establish the examination
qualifications, including related education experience and education, the examination procedure,
and the examination for each licensing group. The examination must include at a minimum
the following areas:
    (1) appropriate knowledge of technical terms commonly used and the knowledge of
reference materials and code books to be used for technical information; and
    (2) understanding of the general principles of business management and other pertinent
state laws.
    (b) Each examination must be designed for the specified type of license requested.
    (c) An individual's passing examination results expire two years from the examination date.
An individual who passes the examination but does not choose to apply to act as a qualifying
person for a licensee within two years from the examination date, must, upon application provide:
    (1) passing examination results within two years from the date of application; or
    (2) proof that the person has fulfilled the continuing education requirements in section
326.87 in the manner required for a qualifying person of a licensee for each license period after
the expiration of the examination results.
    Subd. 3a.[Repealed, 1999 c 137 s 11]
    Subd. 4. [Repealed by amendment, 2007 c 140 art 8 s 14]
    Subd. 5. Exemption. A general retailer whose primary business is not being a residential
building contractor, residential remodeler, residential roofer, or manufactured home installer,
and who has completed a license examination meeting or exceeding Minnesota's examination
requirements in another state is exempt from subdivision 3 and sections 326.87 and 326.88.
    Subd. 6. Additional licensing requirements. As an alternative to denying an application
for licensure pursuant to section 326.91, subdivision 1, the commissioner may, as a condition
of licensure and based upon information received pursuant to section 326.89, subdivision 2,
clauses (6) to (8), or a finding pursuant to section 326.91, subdivision 1, clauses (1) to (9), impose
additional insurance, bonding, reporting, record keeping, and other requirements on the applicant
as are reasonable to protect the public.
    Subd. 7. License. A nonresident of Minnesota may be licensed as a residential building
contractor, residential remodeler, residential roofer, or manufactured home installer upon
compliance with all the provisions of sections 326.83 to 326.98.
History: 1991 c 306 s 13; 1993 c 245 s 21-24; 1999 c 137 s 7; 2007 c 140 art 8 s 14
326.90 LOCAL LICENSES.
    Subdivision 1. Local license prohibited. Except as provided in sections 326.90, subdivision
2
, a political subdivision may not require a person licensed under sections 326.83 to 326.98 to
also be licensed or pay a registration or other fee related to licensure under any ordinance, law,
rule, or regulation of the political subdivision. This section does not prohibit charges for building
permits or other charges not directly related to licensure.
    Subd. 2. Exception. This section does not prohibit a political subdivision from requiring
licensure or certification under any ordinance, law, rule, or regulation of the political subdivision
for persons who engage in the installation of an on-site sewage treatment system.
History: 1991 c 306 s 14; 1993 c 245 s 25; 2001 c 207 s 7; 2007 c 140 art 8 s 15
326.91 DENIAL, SUSPENSION, OR REVOCATION OF LICENSES.
    Subdivision 1. Grounds. In addition to the grounds set forth in section 326B.082,
subdivision 11
, the commissioner may deny, suspend, limit, place conditions on, or revoke a
license or certificate of exemption, or may censure the person holding the license or certificate of
exemption, if the applicant, licensee, certificate of exemption holder, qualifying person, or affiliate
of an applicant, licensee, or certificate of exemption holder, or other agent owner:
    (1) has filed an application for licensure or a certificate of exemption which is incomplete in
any material respect or contains any statement which, in light of the circumstances under which it
is made, is false or misleading with respect to any material fact;
    (2) has engaged in a fraudulent, deceptive, or dishonest practice;
    (3) is permanently or temporarily enjoined by any court of competent jurisdiction from
engaging in or continuing any conduct or practice involving any aspect of the business;
    (4) has failed to reasonably supervise employees, agents, subcontractors, or salespersons, or
has performed negligently or in breach of contract, so as to cause injury or harm to the public;
    (5) has violated or failed to comply with any provision of sections 326.83 to 326.98, any rule
or order under sections 326.83 to 326.98, or any other law, rule, or order related to the duties and
responsibilities entrusted to the commissioner;
    (6) has been convicted of a violation of the State Building Code or has refused to comply
with a notice of violation or stop order issued by a certified building official, or in local
jurisdictions that have not adopted the State Building Code has refused to correct a violation of
the State Building Code when the violation has been documented or a notice of violation or stop
order issued by a certified building official has been received;
    (7) has failed to use the proceeds of any payment made to the licensee for the construction of,
or any improvement to, residential real estate, as defined in section 326.83, subdivision 17, for the
payment of labor, skill, material, and machinery contributed to the construction or improvement,
knowing that the cost of any labor performed, or skill, material, or machinery furnished for
the improvement remains unpaid;
    (8) has not furnished to the person making payment either a valid lien waiver as to any
unpaid labor performed, or skill, material, or machinery furnished for an improvement, or a
payment bond in the basic amount of the contract price for the improvement conditioned for the
prompt payment to any person or persons entitled to payment;
    (9) has engaged in an act or practice that results in compensation to an aggrieved owner or
lessee from the contractor recovery fund pursuant to section 36B.825, unless:
    (i) the applicant or licensee has repaid the fund twice the amount paid from the fund, plus
interest at the rate of 12 percent per year; and
    (ii) the applicant or licensee has obtained a surety bond in the amount of at least $40,000,
issued by an insurer authorized to transact business in this state;
    (10) has engaged in bad faith, unreasonable delays, or frivolous claims in defense of a
civil lawsuit or arbitration arising out of their activities as a licensee or certificate of exemption
holder under this chapter;
    (11) has had a judgment entered against them for failure to make payments to employees,
subcontractors, or suppliers, that the licensee has failed to satisfy and all appeals of the judgment
have been exhausted or the period for appeal has expired;
    (12) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious license
number or the license number of another, or, if licensed, has knowingly allowed an unlicensed
person to use the licensee's license number for the purpose of fraudulently obtaining a building
permit; or has applied for or obtained a building permit for an unlicensed person;
    (13) has made use of a forged mechanic's lien waiver under chapter 514;
    (14) has provided false, misleading, or incomplete information to the commissioner or has
refused to allow a reasonable inspection of records or premises;
    (15) has engaged in an act or practice whether or not the act or practice directly involves
the business for which the person is licensed, that demonstrates that the applicant or licensee is
untrustworthy, financially irresponsible, or otherwise incompetent or unqualified to act under
the license granted by the commissioner; or
    (16) has failed to comply with requests for information, documents, or other requests from
the department within the time specified in the request or, if no time is specified, within 30 days of
the mailing of the request by the department.
    Subd. 2.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 3.[Repealed, 2007 c 140 art 13 s 3]
    Subd. 4.[Repealed, 2007 c 140 art 13 s 3]
History: 1991 c 306 s 15; 1993 c 245 s 26,27; 1995 c 169 s 4; 1996 c 439 art 4 s 3,4; 2001
c 208 s 22; 2007 c 140 art 8 s 16
326.92 PENALTIES.
    Subdivision 1. [Repealed by amendment, 2007 c 140 art 8 s 17]
    Subd. 1a. Gross misdemeanor. An individual who violates an order of the commissioner or
is the manager, officer, or director of a person who violates an order issued by the commissioner
is guilty of a gross misdemeanor.
    Subd. 2. Lien rights. An unlicensed person who knowingly violates sections 326.83to 326.98
has no right to claim a lien under section 514.01 and the lien is void. Nothing in this section
affects the lien rights of material suppliers and licensed contractors to the extent provided by law.
    Subd. 3. [Repealed by amendment, 2007 c 140 art 8 s 17]
History: 1991 c 306 s 16; 1993 c 245 s 28,29; 1999 c 137 s 8; 2007 c 140 art 8 s 17
326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE OF PERMIT
APPLICATION.
    Subdivision 1. Building permit. A political subdivision shall not issue a building permit to
an unlicensed person who is required to be licensed under sections 326.83 to 326.98. A political
subdivision that issues zoning or land use permits in lieu of a building permit shall not issue those
permits to an unlicensed person who is required to be licensed under sections 326.83 to 326.98.
The political subdivision shall report the person applying for the permit to the commissioner
who may bring an action against the person.
    Subd. 2. Notice of building permit application. A political subdivision shall notify
the department when an application for a building permit involving the construction of new
residential real estate has been received from an unlicensed person by submitting a copy of the
application to the department within two business days of receipt of the application. The political
subdivision may submit a copy of the building permit application by facsimile, United States
mail, or electronic communication.
History: 1993 c 245 s 30; 1997 c 222 s 49; 1998 c 254 art 1 s 86; 2007 c 140 art 8 s 18
326.93 SERVICE OF PROCESS.
    Subdivision 1. [Repealed by amendment, 2007 c 140 art 8 s 19]
    Subd. 2. [Repealed by amendment, 2007 c 140 art 8 s 19]
    Subd. 3. Procedure. Every applicant for licensure or certificate of exemption under sections
326.83 to 326.98 shall irrevocably consent to the appointment of the commissioner and successors
in office to be the applicant's agent to receive service of any lawful process in any noncriminal
suit, action, or proceeding against the applicant or a successor, executor, or administrator which
arises under sections 326.83 to 326.98 or any rule or order thereunder after the consent has been
filed, with the same force and validity as if served personally on the person filing the consent.
Service under this section shall be made in compliance with subdivision 5.
    Subd. 4. Service on commissioner. (a) When a person, including any nonresident of this
state, engages in conduct prohibited or made actionable by sections 326.83 to 326.98, or any
rule or order under those sections, and the person has not consented to service of process under
subdivision 3, that conduct is equivalent to an appointment of the commissioner and successors
in office as the person's agent to receive service of process in any noncriminal suit, action, or
proceeding against the person that is based on that conduct and is brought under sections 326.83
to 326.98, or any rule or order under those sections, with the same force and validity as if served
personally on the person consenting to the appointment of the commissioner and successors in
office. Service under this section shall be made in compliance with subdivision 5.
    (b) Subdivision 5 applies in all other cases in which a person, including a nonresident of
this state, has filed a consent to service of process. This paragraph supersedes any inconsistent
provision of law.
    (c) Subdivision 5 applies in all cases in which service of process is allowed to be made
on the commissioner.
    (d) Subdivision 5 applies to any document served by the commissioner or the department
under section 326B.08.
    Subd. 5. How made. Service of process under this section may be made by leaving a copy
of the process in the office of the commissioner, or by sending a copy of the process to the
commissioner by certified mail, and is not effective unless:
    (1) the plaintiff, who may be the commissioner in an action or proceeding instituted by the
commissioner, sends notice of the service and a copy of the process by certified mail to the
defendant or respondent at the last known address; and
    (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or before the
return day of the process, if any, or within further time as the court allows.
History: 1991 c 306 s 17; 1993 c 245 s 31; 2007 c 140 art 8 s 19
326.94 BOND; INSURANCE.
    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed residential
roofers must post a surety bond in the name of the licensee with the commissioner, conditioned
that the applicant shall faithfully perform the duties and in all things comply with all laws,
ordinances, and rules pertaining to the license or permit applied for and all contracts entered
into. The annual bond must be continuous and maintained for so long as the licensee remains
licensed. The aggregate liability of the surety on the bond to any and all persons, regardless
of the number of claims made against the bond, may not exceed the amount of the bond. The
bond may be canceled as to future liability by the surety upon 30 days' written notice mailed to
the commissioner by regular mail.
    (b) A licensed residential roofer must post a bond of at least $15,000.
    (c) A licensed manufactured home installer must post a bond of at least $2,500.
    Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for purposes
of sections 8.05 and 16C.05, subdivision 2.
    Subd. 2. Insurance. Licensees must have public liability insurance with limits of at least
$300,000 per occurrence, which must include at least $10,000 property damage coverage. The
insurance must be written by an insurer licensed to do business in this state. The commissioner
may increase the minimum amount of insurance required for any licensee or class of licensees if
the commissioner considers it to be in the public interest and necessary to protect the interests
of Minnesota consumers.
History: 1991 c 306 s 18; 1993 c 245 s 32; 1999 c 137 s 9; 2007 c 140 art 8 s 20
NOTE:Subdivision 2 was also amended by Laws 2007, chapter 9, section 1, to read
as follows:
    "Subd. 2. Insurance. Each licensee shall have and maintain in effect commercial general
liability insurance, which includes premises and operations insurance and products and completed
operations insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate limit
for bodily injury, and property damage insurance with limits of at least $25,000 or a policy with
a single limit for bodily injury and property damage of $300,000 per occurrence and $300,000
aggregate limits. The insurance must be written by an insurer licensed to do business in this state.
Each licensee shall maintain on file with the commissioner a certificate evidencing the insurance
which provides that the insurance shall not be canceled without the insurer first giving 15 days'
written notice of cancellation to the commissioner. The commissioner may increase the minimum
amount of insurance required for any licensee or class of licensees if the commissioner considers
it to be in the public interest and necessary to protect the interests of Minnesota consumers."
326.945 [Repealed, 2007 c 140 art 13 s 3]
326.95 LICENSE NUMBER; ADVERTISING.
    Subdivision 1. License number must be displayed. The license number of a licensee must
be placed on all building permits and building permit applications made to or issued by the state
or a political subdivision. In jurisdictions that have not adopted the State Building Code, the
license number must be placed on the site plan review or zoning permit. License numbers must be
on all business cards and all contracts to perform work for which a license is required.
    Subd. 2. Advertising. The license number of a licensee must appear in any advertising by
that licensee including but not limited to signs, vehicles, business cards, published display ads,
flyers, brochures, Web sites, and Internet ads.
    Subd. 3. Contracts. Contracts entered into by a licensee must state that the person is licensed
and must state the license number.
    Subd. 4.[Repealed, 1996 c 439 art 4 s 6]
History: 1991 c 306 s 19; 1995 c 169 s 5; 2007 c 140 art 8 s 21
326.951 DISCLOSURES.
If a licensee sells or offers to sell residential property, constructed by the licensee, which is
or has been occupied by the licensee, the licensee must, prior to entering into a binding purchase
agreement, provide to the buyer a written disclosure which states that any claims that arise as a
result of the licensee's construction of the property: (1) will not be covered under the statutory
warranty established by chapter 327A, and (2) if the licensee has occupied the residential property
for one year or more, will not be eligible for reimbursement from the contractor's recovery fund.
History: 1993 c 245 s 33
326.96 PUBLIC EDUCATION.
    The commissioner may develop materials and programs to educate the public concerning
licensure requirements. The commissioner may develop materials for reporting unlicensed
contracting activity. The commissioner shall provide information in other languages.
History: 1991 c 306 s 20; 2007 c 140 art 8 s 22
326.97 LICENSE RENEWAL.
    Subdivision 1. Renewal. A licensee whose fully completed renewal application has been
properly and timely filed and who has not received a notice of denial of renewal is considered
to have been approved for renewal and may continue to transact business whether or not the
renewed license has been received. Applications are timely if received by March 1 of the renewal
year. Applications must be made on a form approved by the commissioner. An application for
renewal that does not contain all of the information requested is an incomplete application and
will not be processed.
    Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993, must
be renewed annually.
    Subd. 2. Failure to renew. A person who has failed to make a timely application for
renewal of a license is unlicensed at 11:59:59 p.m. central time on March 31 of the renewal year
and remains unlicensed until a renewed license has been issued by the commissioner and is
received by the applicant.
    Subd. 3. Expiration. All licenses expire at 11:59:59 p.m. central time on March 31 of the
renewal year if not properly renewed.
History: 1991 c 306 s 21; 1993 c 245 s 34,35; 2007 c 140 art 8 s 23
326.975 [Repealed, 2007 c 135 art 2 s 40; 2007 c 140 art 13 s 3]
NOTE:Subdivision 1 was also amended by Laws 2007, chapter 135, article 4, section
8, to read as follows:
    "Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a license
under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. The contractor's
recovery fund is created in the state treasury and must be administered by the commissioner in the
manner and subject to all the requirements and limitations provided by section 82.43.
    (b) The purpose of this fund is:
    (1) to compensate any aggrieved owner or lessee of residential property located within this
state who obtains a final judgment in any court of competent jurisdiction against a licensee
licensed under section 326.84, on grounds of fraudulent, deceptive, or dishonest practices,
conversion of funds, or failure of performance arising directly out of any transaction when the
judgment debtor was licensed and performed any of the activities enumerated under section
326.83, subdivision 19, on the owner's residential property or on residential property rented by
the lessee, or on new residential construction which was never occupied prior to purchase by the
owner, or which was occupied by the licensee for less than one year prior to purchase by the
owner, and which cause of action arose on or after April 1, 1994; and
    (2) to reimburse the Department of Labor and Industry for all legal and administrative
expenses, including staffing costs, incurred in administering the fund.
     Nothing may obligate the fund for more than $50,000 per claimant, nor more than $75,000
per licensee.
     Nothing may obligate the fund for claims based on a cause of action that arose before
the licensee paid the recovery fund fee set in clause (1), or as provided in section 326.945,
subdivision 3
.
    (c) Should the commissioner pay from the contractor's recovery fund any amount in
settlement of a claim or toward satisfaction of a judgment against a licensee, the license shall be
automatically suspended upon the effective date of an order by the court authorizing payment
from the fund. No licensee shall be granted reinstatement until the licensee has repaid in full, plus
interest at the rate of 12 percent a year, twice the amount paid from the fund on the licensee's
account, and has obtained a surety bond issued by an insurer authorized to transact business in
this state in the amount of at least $40,000."
NOTE:Subdivision 1 was also amended by Laws 2007, chapter 140, article 12, section
9, to read as follows:
    "Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a license
under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. The contractor's
recovery fund is created in the state treasury and must be administered by the commissioner in the
manner and subject to all the requirements and limitations provided by section 82.43.
    (1) The purpose of this fund is:
    (i) to compensate any aggrieved owner or lessee of residential property located within this
state who obtains a final judgment in any court of competent jurisdiction against a licensee
licensed under section 326.84, on grounds of fraudulent, deceptive, or dishonest practices,
conversion of funds, or failure of performance arising directly out of any transaction when the
judgment debtor was licensed and performed any of the activities enumerated under section
326.83, subdivision 19, on the owner's residential property or on residential property rented by
the lessee, or on new residential construction which was never occupied prior to purchase by the
owner, or which was occupied by the licensee for less than one year prior to purchase by the
owner, and which cause of action arose on or after April 1, 1994; and
    (ii) to reimburse the Department of Commerce for all legal and administrative expenses,
including staffing costs, incurred in administering the fund;
    (2) nothing may obligate the fund for more than $50,000 per claimant, nor more than
$75,000 per licensee; and
    (3) nothing may obligate the fund for claims based on a cause of action that arose before
the licensee paid the recovery fund fee set in clause (1), or as provided in section 326.945,
subdivision 3
.
    (b) Should the commissioner pay from the contractor's recovery fund any amount in
settlement of a claim or toward satisfaction of a judgment against a licensee, the license shall be
automatically suspended upon the effective date of an order by the court authorizing payment
from the fund. No licensee shall be granted reinstatement until the licensee has repaid in full, plus
interest at the rate of 12 percent a year, twice the amount paid from the fund on the licensee's
account, and has obtained a surety bond issued by an insurer authorized to transact business in
this state in the amount of at least $40,000."
326.98 [Repealed, 2007 c 140 art 13 s 3]
326.99 [Repealed, 1996 c 439 art 4 s 6]
326.991    Subdivision 1.MS 2004 [Expired]
    Subd. 2.[Repealed, 2006 c 212 art 1 s 26]
326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
    (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, fuel
burning, or refrigeration work must give bond to the state in the amount of $25,000 for all work
entered into within the state. The bond must be for the benefit of persons suffering financial loss
by reason of the contractor's failure to comply with the requirements of the State Mechanical
Code. A bond given to the state must be filed with the commissioner of labor and industry and is
in lieu of all other bonds to any political subdivision required for work covered by this section.
The bond must be written by a corporate surety licensed to do business in the state.
    (b) The commissioner of labor and industry may charge each person giving bond under
this section an annual bond filing fee of $15.
History: 1Sp2003 c 1 art 2 s 83; 2007 c 135 art 4 s 9; 2007 c 140 art 4 s 28