Journal of the House - 67th
Day - Friday, May 11, 2007 - Top of Page 6301
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
SIXTY-SEVENTH DAY
Saint Paul, Minnesota, Friday, May 11, 2007
The House of Representatives convened at 10:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Paul Rogers, House Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Abeler and Howes were excused.
Ruth was excused until 2:20 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Garofalo moved that further reading of the Journal be suspended and that
the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 67th
Day - Friday, May 11, 2007 - Top of Page 6302
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May 9,
2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House File:
H. F. No. 272, relating to the military and
veterans; clarifying that a statute ensuring the continuation of state licenses
and certificates of registration for any trade, employment, occupation, or
profession while soldiers and certain essential employees are engaged in active
military service applies to licenses and certificates of registration requiring
firearms and use of force training.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2007 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
272 51 1:02
p.m. May 9 May
9
Journal of the House - 67th
Day - Friday, May 11, 2007 - Top of Page 6303
124 52 1:05
p.m. May 9 May
9
646 53 1:06
p.m. May 9 May
9
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 1208, A bill for an act relating to state government; changing provisions
for construction codes and licensing provisions; providing penalties and
enforcement; instructing the revisor to renumber certain statutory sections;
appropriating money; amending Minnesota Statutes 2006, sections 16B.04,
subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61; 16B.615, subdivision
4; 16B.617; 16B.6175; 16B.63; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74,
subdivisions 1, 2, by adding subdivisions; 16B.741; 16B.744; 16B.745,
subdivisions 1, 4; 16B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3;
144.122; 144.99, subdivision 1; 175.16, subdivision 1; 178.01; 178.02; 178.03,
subdivision 3; 178.041, subdivision 1; 183.38; 183.39, subdivision 1; 183.411,
subdivision 2; 183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501;
183.505; 183.51; 183.54, subdivisions 1, 3; 183.545, subdivisions 2, 4, 8, by
adding a subdivision; 183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60;
183.61, subdivisions 2, 4; 299F.011, subdivision 1; 325E.58; 326.01,
subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, 9, by adding
subdivisions; 326.241, subdivision 2; 326.242; 326.243; 326.244, subdivisions
1a, 5, 6, by adding a subdivision; 326.2441; 326.37; 326.38; 326.39; 326.40;
326.401; 326.405; 326.42; 326.46; 326.461, by adding subdivisions; 326.47;
326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59; 326.60; 326.601; 326.61,
subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, subdivisions 6, 7, 11, 18, 19,
20; 326.84; 326.841; 326.842; 326.86; 326.87; 326.88; 326.89; 326.90,
subdivision 1; 326.91, subdivision 1; 326.92; 326.921; 326.93; 326.94; 326.95,
subdivision 2; 326.96; 326.97; 326.975, subdivision 1; 326.992; 327.20,
subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by adding a
subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34,
subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01,
subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4,
6, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 363A.40,
subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 471.465;
471.466; 471.467; 471.471; proposing coding for new law in Minnesota Statutes,
chapters 326; 327B; proposing coding for new law as Minnesota Statutes, chapter
326B; repealing Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision
4; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41,
subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54,
subdivision 2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6;
299M.02; 326.01, subdivisions 4, 6h, 10, 11, 12, 13; 326.242, subdivisions 9,
9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6;
326.246; 326.2461; 326.40, subdivision 4; 326.41; 326.44; 326.45; 326.47,
subdivisions 5, 6; 326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 4,
12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975;
326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 2809.0230;
2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590; 3800.3630; 3800.3750;
3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1, item I; 5225.0880;
5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040;
5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.
Reported
the same back with the following amendments:
Journal of the House - 67th
Day - Friday, May 11, 2007 - Top of Page 6304
Delete
everything after the enacting clause and insert:
"ARTICLE
1
REVISOR'S
INSTRUCTION
Section
1. REVISOR'S INSTRUCTION.
In
Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, 1346,
1350, 1360, and 7672, the revisor of statutes shall:
(1)
change the term "commissioner of administration" to
"commissioner of labor and industry";
(2)
change the term "Department of Administration" to "Department of
Labor and Industry";
(3)
change the term "Department of Administration's Building Codes and
Standards Division" to "Department of Labor and Industry"; and
(4)
change the term "director of the Building Codes and Standards Division of
the Department of Administration" to "individual appointed by the
commissioner of labor and industry to administer the code."
EFFECTIVE DATE. This section is
effective the day following final enactment.
ARTICLE
2
CONSTRUCTION
CODES AND LICENSING
Section
1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to
read:
Subdivision
1. State Fire Code rulemaking authority.
The commissioner of public safety through the Division of Fire Marshal may
promulgate labor and industry, consistent with the recommendations of
the state fire marshal, shall adopt a State Fire Code and make amendments
thereto in accordance with the Administrative Procedure Act in chapter 14. The
code and its amendments shall conform insofar as practicable to model fire
codes generally accepted and in use throughout the United States, with
consideration given to existing statewide specialty codes presently in use in
the state of Minnesota. Statewide specialty codes and model codes with necessary
modifications may be adopted by reference in accordance with section 14.07,
subdivision 4.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
2. [326B.01] DEFINITIONS.
Subdivision
1. Scope. The definitions in this
section apply to chapter 326B.
Subd.
2. ASME. "ASME" means
the American Society of Mechanical Engineers.
Subd.
3. Commissioner. "Commissioner"
means the commissioner of labor and industry or a duly designated
representative of the commissioner who is either an employee of the Department
of Labor and Industry or a person working under contract with the department.
Subd.
4. Department. "Department"
means the Department of Labor and Industry.
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Subd. 5. Day. "Day" means calendar day unless otherwise
provided.
Subd. 6. Individual. "Individual" means a human being.
Subd. 7. Person. "Person" means any individual, limited
liability company, corporation, partnership, incorporated or unincorporated
association, sole proprietorship, joint stock company, or any other legal or
commercial entity.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 3. [326B.02] POWERS.
Subdivision 1. Transfer of responsibilities. The responsibilities of the
commissioner of administration relating to the state building code, sections
16B.59 to 16B.76; construction of low-cost manufactured home park storm
shelters, section 327.205; manufactured homes, sections 327.31 to 327.36 and
327B.01 to 327B.12; and statutory warranties in connection with the sale of
dwellings and home improvement work, chapter 327A, are transferred under
section 15.039 to the commissioner of labor and industry as amended and
recodified in this chapter. The responsibilities of the commissioner of health
relating to the state plumbing code and licensing, sections 16B.61, 144.99 to
144.993, and 326.37 to 326.45, and water conditioning contractors and
installers, sections 326.57 to 326.65, are transferred under section 15.039 to
the commissioner of labor and industry as amended and recodified in this
chapter except for responsibilities transferred to the Plumbing Board as
expressly provided in this chapter. The responsibilities of the commissioner of
commerce relating to residential contractors, residential remodelers,
residential roofers, manufactured home installers, and the contractor's
recovery fund under sections 45.027 to 45.23 and 326.83 to 326.992 are
transferred under section 15.039 to the commissioner of labor and industry as
amended and recodified in this chapter. The responsibilities of the Board of
Electricity relating to the State Electrical Code and licensing, sections
16B.61 and 326.241 to 326.248, are transferred under section 15.039 to the commissioner
of labor and industry as amended and recodified in this chapter except for
responsibilities transferred to the Board of Electricity as expressly provided
in this chapter.
Subd. 2. Transfer of Authority. The commissioner of administration
may not use the authority under section 16B.37 to modify the transfers of
authority to the Plumbing Board, the Board of Electricity, or the Board of High
Pressure Piping Systems under this chapter.
Subd. 3. Definition of responsibilities. For purposes of subdivision
1, responsibilities include powers, duties, rights, obligations, and other
authority imposed by law.
Subd. 4. State fire marshal cooperation. The state fire marshal
shall work with the commissioner to improve the delivery of services to the
public through the coordination of services and utilization of technology.
Subd. 5. General rulemaking authority. The commissioner may, under
the rulemaking provisions of chapter 14 and as otherwise provided by this
chapter, adopt, amend, suspend, and repeal rules relating to the commissioner's
responsibilities under this chapter, except for rules for which the rulemaking
authority is expressly transferred to the Plumbing Board, the Board of
Electricity, or the Board of High Pressure Piping Systems.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 4. [326B.04] DEPOSIT OF MONEY.
Subdivision
1. Construction code fund. There
is created in the state treasury a construction code fund as a special revenue
fund for the purpose of administering this chapter, sections 327.31 to 327.36,
and chapter 327B. All money collected under those sections, except penalties,
is credited to the construction code fund unless otherwise
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Day - Friday, May 11, 2007 - Top of Page 6306
specifically designated by
law. Any interest or profit accruing from investment of these sums is credited
to the construction code fund. All money collected in the construction code
fund is appropriated to the commissioner to administer and enforce the
provisions identified in this section.
Unless
otherwise provided by law, all penalties assessed under this chapter, section
327.35, and chapter 327B are credited to the assigned risk safety account
established by section 79.253.
Subd.
2. Deposits. All remaining
balances as of June 30, 2007, in the state government special revenue fund and
special revenue fund accounts maintained for the Building Codes and Standards
Division, Board of Electricity, and plumbing and engineering unit are
transferred to the construction code fund. Unless otherwise specifically
designated by law: (1) all money collected under chapter 183 and sections
16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to
326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to
327B.12, except penalties, is credited to the construction code fund; (2) all
fees collected under section 45.23 in connection with continuing education for
residential contractors, residential remodelers, and residential roofers are
credited to the construction code fund; and (3) all penalties assessed under
the sections set forth in clauses (1) and (2) and all penalties assessed under
sections 144.99 to 144.993 in connection with any violation of sections 326.37
to 326.45 or 326.57 to 327.65 or the rules adopted under those sections are
credited to the assigned risk safety account established by section 79.253.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
5. [326B.06] BONDS.
Bonds
issued under this chapter are not state bonds or contracts for purposes of
sections 8.05 and 16C.05, subdivision 2.
Sec.
6. [326B.075] COMMISSIONER NOT
SUBJECT TO SUBPOENA.
The
commissioner shall not be subject to subpoena for purposes of providing expert
testimony, except in an enforcement proceeding brought by the commissioner.
Sec.
7. APPOINTMENT AND FIRST MEETING OF
BOARDS.
The
governor must make the appointments to the Board of Electricity, the Plumbing
Board, and the Board of High Pressure Piping Systems no later than July 1,
2007. The commissioner of labor and industry must convene the first meeting of
each board no later than September 1, 2007.
ARTICLE
3
ENFORCEMENT
Section
1. [326B.081] DEFINITIONS.
Subdivision
1. Application. For purposes of
sections 326B.081 to 326B.085, the terms defined in this section have the
meanings given them.
Subd.
2. Administrative order. "Administrative
order" means an order issued under section 326B.082, subdivision 7.
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Day - Friday, May 11, 2007 - Top of Page 6307
Subd.
3. Applicable law. "Applicable
law" means the provisions of sections 326B.084 to 326B.998 and 327.31 to
327.36 and chapter 327B, and all rules, orders, stipulation agreements,
settlements, compliance agreements, licenses, registrations, certificates, and
permits adopted, issued, or enforced by the department under sections 326B.02
or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
Subd.
4. Document or documents. "Document"
or "documents" includes papers; books; records; memoranda; data;
contracts; drawings; graphs; charts; photographs; digital, video, and audio
recordings; records; accounts; files; statements; letters; e-mails; invoices;
bills; notes; and calendars maintained in any form or manner.
Subd.
5. Final. "Final" when
used to describe any order issued under section 326B.082 means that:
(1)
no request for hearing in connection with the order was filed in the manner and
within the time provided by section 326B.082;
(2)
all requests for hearing have been withdrawn;
(3)
an agreement that resolves the order has been signed by all the parties; or
(4)
after the filing of a request for hearing, an order has been issued by the
commissioner, the Court of Appeals, or the Supreme Court, and all appeals have
been pursued or forgone.
Subd.
6. Licensing order. "Licensing
order" means an order issued under section 326B.082, subdivision 12,
paragraph (a).
Subd.
7. Minimum qualifications. "Minimum
qualifications" means the educational, experience, fee, examination,
application, and other eligibility requirements that an applicant must meet in
order to obtain a license, registration, certificate, or permit under the
applicable law. For an applicant that is not an individual, the minimum
qualifications include the requirement that an employee or other individual
associated with the applicant hold a license.
Subd.
8. Stop order. "Stop
order" means an order issued under section 326B.082, subdivision 10.
Sec.
2. [326B.082] ENFORCEMENT.
Subdivision
1. Remedies available. The
commissioner may enforce all applicable law under this section. The
commissioner may use any enforcement provision in this section, including the
assessment of monetary penalties, against a person required to have a license,
registration, certificate, or permit under the applicable law based on conduct
that would provide grounds for action against a licensee, registrant,
certificate holder, or permit holder under the applicable law. The use of an
enforcement provision in this section shall not preclude the use of any other
enforcement provision in this section or otherwise provided by law.
Subd.
2. Access to information and property;
subpoenas. (a) In order to carry out the purposes of the applicable
law, the commissioner may:
(1)
administer oaths and affirmations, certify official acts, interview, question,
take oral or written statements, and take depositions;
(2)
request, examine, take possession of, test, sample, measure, photograph,
record, and copy any documents, apparatus, devices, equipment, or materials;
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(3)
at a time and place indicated by the commissioner, request persons to appear
before the commissioner to give testimony and produce documents, apparatus,
devices, equipment, or materials;
(4)
issue subpoenas to compel persons to appear before the commissioner to give
testimony and produce documents, apparatus, devices, equipment, or materials;
and
(5)
with or without notice, enter without delay upon any property, public or
private, for the purpose of taking any action authorized under this subdivision
or the applicable law, including obtaining information, remedying violations,
or conducting surveys, inspections, or investigations.
(b)
Persons requested by the commissioner to give testimony or produce documents,
apparatus, devices, equipment, or materials shall respond within the time and
in the manner specified by the commissioner. If no time to respond is specified
in the request, then a response shall be submitted within 30 days of the
commissioner's service of the request.
(c)
Upon the refusal or anticipated refusal of a property owner, lessee, property
owner's representative, or lessee's representative to permit the commissioner's
entry onto property as provided in paragraph (a), the commissioner may apply
for an administrative inspection order in the Ramsey County District Court or,
at the commissioner's discretion, in the district court in the county in which
the property is located. The commissioner may anticipate that a property owner
or lessee will refuse entry if the property owner, lessee, property owner's
representative, or lessee's representative has refused to permit entry on a
prior occasion or has informed the commissioner that entry will be refused.
Upon showing of administrative probable cause by the commissioner, the district
court shall issue an administrative inspection order that compels the property
owner or lessee to permit the commissioner to enter the property for the
purposes specified in paragraph (a).
(d)
Upon the application of the commissioner, a district court shall treat the
failure of any person to obey a subpoena lawfully issued by the commissioner
under this subdivision as a contempt of court.
Subd.
3. Service. Unless otherwise
specified, service of a document on a person under this section or section
326B.083 may be by mail, by personal service, or in accordance with any consent
to service filed with the commissioner. Service by mail shall be accomplished
in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal
service shall be accomplished in the manner provided in Minnesota Rules, part
1400.5550, subpart 3.
Subd.
4. Fax transmission. When this
section or section 326B.083 permits a request for reconsideration or request
for hearing to be served by fax on the commissioner, the fax shall not exceed
15 pages in length. The request shall be considered timely served if the fax is
received by the commissioner, at the fax number identified by the commissioner
in the order or notice of violation, no later than 4:30 p.m. central time on
the last day permitted for faxing the request. Where the quality or
authenticity of the faxed request is at issue, the commissioner may require the
original request to be filed. Where the commissioner has not identified quality
or authenticity of the faxed request as an issue and the request has been faxed
in accordance with this subdivision, the person faxing the request does not
need to file the original request with the commissioner.
Subd.
5. Time computation. In
computing any period of time prescribed or allowed by this section, the day of
the act, event, or default from which the designated period of time begins to
run shall not be included. The last day of the period so computed shall be
included, unless it is a Saturday, Sunday, or legal holiday, in which event the
period runs until the next day which is not a Saturday, Sunday, or legal
holiday.
Subd.
6. Notices of violation. (a) The
commissioner may issue a notice of violation to any person who the commissioner
determines has committed a violation of the applicable law. The notice of
violation must state a summary of the facts that constitute the violation and
the applicable law violated. The notice of violation may require the person to
correct the violation. If correction is required, the notice of violation must
state the deadline by which the violation must be corrected.
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(b) The commissioner shall
issue the notice of violation by:
(1) serving the notice of
violation on the property owner or on the person who committed the violation;
or
(2) posting the notice of
violation at the location where the violation occurred.
(c) If the person to whom
the commissioner has issued the notice of violation believes the notice was
issued in error, then the person may request reconsideration of the parts of
the notice that the person believes are in error. The request for
reconsideration must be in writing and must be served on or faxed to the
commissioner at the address or fax number specified in the notice of violation
by the tenth day after the commissioner issued the notice of violation. The
date on which a request for reconsideration is served by mail shall be the
postmark date on the envelope in which the request for reconsideration is
mailed. If the person does not serve or fax a written request for
reconsideration or if the person's written request for reconsideration is not
served on or faxed to the commissioner by the tenth day after the commissioner
issued the notice of violation, the notice of violation shall become a final
order of the commissioner and will not be subject to review by any court or
agency. The request for reconsideration must:
(1) specify which parts of the
notice of violation the person believes are in error;
(2) explain why the person
believes the parts are in error; and
(3) provide documentation to
support the request for reconsideration.
The commissioner shall
respond in writing to requests for reconsideration made under this paragraph
within 15 days after receiving the request. A request for reconsideration does
not stay a requirement to correct a violation as set forth in the notice of
violation. After reviewing the request for reconsideration, the commissioner
may affirm, modify, or rescind the notice of violation. The commissioner's
response to a request for reconsideration is final and shall not be reviewed by
any court or agency.
Subd. 7. Administrative orders; correction; assessment of monetary penalties.
(a) The commissioner may issue an administrative order to any person who the
commissioner determines has committed a violation of the applicable law. The
commissioner shall issue the administrative order by serving the administrative
order on the person. The administrative order may require the person to correct
the violation, may require the person to cease and desist from committing the
violation, and may assess monetary penalties. The commissioner shall follow the
procedures in section 326B.083 when issuing administrative orders. Except as
provided in paragraph (b), the commissioner may issue to each person a monetary
penalty of up to $10,000 for each violation of applicable law committed by the
person. The commissioner may order that part or all of the monetary penalty
will be forgiven if the person to whom the order is issued demonstrates to the
commissioner by the 31st day after the order is issued that the person has
corrected the violation or has developed a correction plan acceptable to the
commissioner.
(b) The commissioner may
issue an administrative order for failure to correct a violation by the
deadline stated in a final administrative order issued under paragraph (a).
Each day after the deadline during which the violation remains uncorrected is a
separate violation for purposes of calculating the maximum monetary penalty
amount.
(c) Upon the application of
the commissioner, a district court shall find the failure of any person to
correct a violation as required by a final administrative order issued by the
commissioner under this subdivision as a contempt of court.
Subd.
8. Hearings related to administrative
orders. (a) Within 30 days after the commissioner issues an
administrative order or within 20 days after the commissioner issues the notice
under section 326B.083, subdivision 3, paragraph (b), clause (3), the person to
whom the administrative order or notice is issued may request an
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expedited
hearing to review the commissioner's order or notice. The request for hearing
must be in writing and must be served on or faxed to the commissioner at the
address or fax number specified in the order or notice. If the person does not
request a hearing or if the person's written request for hearing is not served
on or faxed to the commissioner by the 30th day after the commissioner issues
the administrative order or the 20th day after the commissioner issues the
notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the
order will become a final order of the commissioner and will not be subject to
review by any court or agency. The date on which a request for hearing is
served by mail shall be the postmark date on the envelope in which the request
for hearing is mailed. The hearing request must specifically state the reasons
for seeking review of the order or notice. The person to whom the order or
notice is issued and the commissioner are the parties to the expedited hearing.
The commissioner must notify the person to whom the order or notice is issued
of the time and place of the hearing at least 15 days before the hearing. The
expedited hearing must be held within 45 days after a request for hearing has
been served on the commissioner unless the parties agree to a later date.
(b)
All written arguments must be submitted within ten days following the close of
the hearing. The hearing shall be conducted under Minnesota Rules, parts
1400.8510 to 1400.8612, as modified by this subdivision. The Office of
Administrative Hearings may, in consultation with the agency, adopt rules
specifically applicable to cases under this section.
(c)
The administrative law judge shall issue a report making findings of fact,
conclusions of law, and a recommended order to the commissioner within 30 days
following the close of the record.
(d)
If the administrative law judge makes a finding that the hearing was requested
solely for purposes of delay or that the hearing request was frivolous, the
commissioner may add to the amount of the penalty the costs charged to the
department by the Office of Administrative Hearings for the hearing.
(e)
If a hearing has been held, the commissioner shall not issue a final order
until at least five days after the date of the administrative law judge's
report. Any person aggrieved by the administrative law judge's report may,
within those five days, serve written comments to the commissioner on the
report and the commissioner shall consider the comments. The commissioner's
final order may be appealed in the manner provided in sections 14.63 to 14.69.
Subd.
9. Injunctive relief. In
addition to any other remedy provided by law, the commissioner may bring an
action for injunctive relief in the Ramsey County District Court or, at the
commissioner's discretion, in the district court in the county in which the
commissioner has determined a violation of the applicable law has occurred or
is about to occur to enjoin the violation. A temporary restraining order and
other injunctive relief shall be granted by the district court if the court
determines that a person has engaged in or is about to engage in an act,
conduct, or practice constituting a violation of the applicable law. The
commissioner shall not be required to show irreparable harm.
Subd.
10. Stop orders. (a) If the
commissioner determines based on an inspection or investigation that a person
has violated or is about to violate the applicable law, the commissioner may
issue to the person a stop order requiring the person to cease and desist from
committing the violation.
(b)
If the commissioner determines that a condition exists on real property that
violates the applicable law, the commissioner may issue a stop order to the
owner or lessee of the real property to cease and desist from committing the
violation and to correct the condition that is in violation.
(c)
The commissioner shall issue the stop work order by:
(1)
serving the order on the person who has committed or is about to commit the
violation;
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(2) posting the order at the
location where the violation was committed or is about to be committed or at
the location where the violating condition exists; or
(3) serving the order on any
owner or lessee of the real property where the violating condition exists.
(d) A stop order shall:
(1) describe the act,
conduct, or practice committed or about to be committed, or the condition, and
include a reference to the applicable law that the act, conduct, practice, or
condition violates or would violate; and
(2) provide notice that any
person aggrieved by the stop order may request a hearing as provided in
paragraph (e).
(e) Within 30 days after the
commissioner issues a stop order, any person aggrieved by the order may request
an expedited hearing to review the commissioner's action. The request for
hearing must be made in writing and must be served on or faxed to the
commissioner at the address or fax number specified in the order. If the person
does not request a hearing or if the person's written request for hearing is
not served on or faxed to the commissioner on or before the 30th day after the
commissioner issued the stop order, the order will become a final order of the
commissioner and will not be subject to review by any court or agency. The date
on which a request for hearing is served by mail is the postmark date on the
envelope in which the request for hearing is mailed. The hearing request must
specifically state the reasons for seeking review of the order. The person who
requested the hearing and the commissioner are the parties to the expedited
hearing. The hearing shall be commenced within ten days after the commissioner
receives the request for hearing. The hearing shall be conducted under
Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this subdivision.
The administrative law judge shall issue a report containing findings of fact,
conclusions of law, and a recommended order within ten days after the
conclusion of the hearing. Any party aggrieved by the administrative law
judge's report shall have five days after the date of the administrative law
judge's report to submit exceptions and argument to the commissioner. Within 15
days after receiving the administrative law judge's report, the commissioner
shall issue an order vacating, modifying, or making permanent the stop order.
The commissioner and the person requesting the hearing may by agreement
lengthen any time periods described in this paragraph. The Office of
Administrative Hearings may, in consultation with the agency, adopt rules
specifically applicable to cases under this subdivision.
(f) A stop order issued
under this subdivision shall be in effect until it is modified or vacated by
the commissioner or an appellate court. The administrative hearing provided by
this subdivision and any appellate judicial review as provided in chapter 14
shall constitute the exclusive remedy for any person aggrieved by a stop order.
(g) Upon the application of
the commissioner, a district court shall find the failure of any person to
comply with a final stop order lawfully issued by the commissioner under this
subdivision as a contempt of court.
Subd. 11. Licensing orders; grounds; reapplication. (a) The
commissioner may deny an application for a permit, license, registration, or
certificate if the applicant does not meet or fails to maintain the minimum
qualifications for holding the permit, license, registration, or certificate,
or has any unresolved violations or unpaid fees or monetary penalties related
to the activity for which the permit, license, registration, or certificate has
been applied for or was issued.
(b) The commissioner may
deny, suspend, limit, place conditions on, or revoke a person's permit,
license, registration, or certificate, or censure the person holding the
permit, license, registration, or certificate, if the commissioner finds that
the person:
(1) committed one or more
violations of the applicable law;
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(2) submitted false or
misleading information to the state in connection with activities for which the
permit, license, registration, or certificate was issued, or in connection with
the application for the permit, license, registration, or certificate;
(3) allowed the alteration
or use of the person's own permit, license, registration, or certificate by
another person;
(4) within the previous five
years, was convicted of a crime in connection with activities for which the
permit, license, registration, or certificate was issued;
(5) violated a final
administrative order issued under subdivision 7 or a final stop order issued
under subdivision 10, or injunctive relief issued under subdivision 9;
(6) failed to cooperate with
a commissioner's request to give testimony, to produce documents, things,
apparatus, devices, equipment, or materials, or to access property under
subdivision 2;
(7) retaliated in any manner
against any employee or person who is questioned by, cooperates with, or
provides information to the commissioner or an employee or agent authorized by
the commissioner who seeks access to property or things under subdivision 2;
(8) engaged in any
fraudulent, deceptive, or dishonest act or practice; or
(9) performed work in
connection with the permit, license, registration, or certificate or conducted
the person's affairs in a manner that demonstrates incompetence,
untrustworthiness, or financial irresponsibility.
(c) If the commissioner
revokes a person's permit, license, registration, or certificate under
paragraph (b), the person is prohibited from reapplying for the same type of
permit, license, registration, or certificate for at least two years after the
effective date of the revocation. The commissioner may, as a condition of reapplication,
require the person to obtain a bond or comply with additional reasonable
conditions the commissioner considers necessary to protect the public.
(d) If a permit, license,
registration, or certificate expires, or is surrendered, withdrawn, or terminated,
or otherwise becomes ineffective, the commissioner may institute a proceeding
under this subdivision within two years after the permit, license,
registration, or certificate was last effective and enter a revocation or
suspension order as of the last date on which the permit, license,
registration, or certificate was in effect.
Subd. 12. Issuance of licensing orders; hearings related to licensing orders.
(a) If the commissioner determines that a permit, license, registration,
or certificate should be conditioned, limited, suspended, revoked, or denied
under subdivision 11, or that the permit holder, licensee, registrant, or
certificate holder should be censured under subdivision 11, then the
commissioner shall issue to the person an order denying, conditioning,
limiting, suspending, or revoking the person's permit, license, registration,
or certificate, or censuring the permit holder, licensee, registrant, or
certificate holder.
(b) Any order issued under
paragraph (a) may include an assessment of monetary penalties and may require
the person to cease and desist from committing the violation or committing the
act, conduct, or practice set out in subdivision 11, paragraph (b). The
monetary penalty may be up to $10,000 for each violation or act, conduct, or
practice committed by the person. The procedures in section 326B.083 must be
followed when issuing orders under paragraph (a).
(c) The permit holder,
licensee, registrant, certificate holder, or applicant to whom the commissioner
issues an order under paragraph (a) shall have 30 days after service of the
order to request a hearing. The request for hearing must be in writing and must
be served on or faxed to the commissioner at the address or fax number
specified in the
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order by the 30th day after
service of the order. If the person does not request a hearing or if the
person's written request for hearing is not served on or faxed to the
commissioner by the 30th day after service of the order, the order shall become
a final order of the commissioner and will not be subject to review by any
court or agency. The date on which a request for hearing is served by mail
shall be the postmark date on the envelope in which the request for hearing is
mailed. If the person submits to the commissioner a timely request for hearing,
a contested case hearing shall be held in accordance with chapter 14.
(d) Paragraph (c) does not
apply to summary suspension under subdivision 13.
Subd. 13. Summary suspension. In any case where the commissioner
has issued an order to revoke or suspend a license, registration, certificate,
or permit under subdivision 12, the commissioner may summarily suspend the
person's permit, license, registration, or certificate before the order becomes
final. The commissioner shall issue a summary suspension order when the safety
of life or property is threatened or to prevent the commission of fraudulent,
deceptive, untrustworthy, or dishonest acts against the public. The summary
suspension shall not affect the deadline for submitting a request for hearing
under subdivision 12. If the commissioner summarily suspends a person's permit,
license, registration, or certificate, a timely request for hearing submitted
under subdivision 12 shall also be considered a timely request for hearing on
continuation of the summary suspension. If the commissioner summarily suspends
a person's permit, license, registration, or certificate under this subdivision
and the person submits a timely request for a hearing, then a hearing on
continuation of the summary suspension must be held within ten days after the
commissioner receives the request for hearing unless the parties agree to a
later date.
Subd. 14. Plan for assessing penalties. The commissioner may
prepare a plan for assessing penalties in orders issued under subdivision 7 or
12. The commissioner shall provide a 30-day period for public comment on any
such plan. Penalties assessed by the commissioner in accordance with the plan
shall be presumed reasonable.
Subd. 15. Effect on other laws. Nothing in this section shall be
construed to limit the application of other state or federal laws, including
specifically but not exclusively section 270C.72, that require suspension of,
revocation of, denial of, or refusal to renew a permit, license, registration,
or certificate issued by the commissioner.
Subd. 16. Misdemeanor penalties. Except as otherwise provided by
law, a person who violates an applicable law is guilty of a misdemeanor.
Subd. 17. Revocation and suspension of license. If a person fails
to pay a penalty owed under this section or section 326B.083, the commissioner
may revoke, suspend, or deny any or all licenses, permits, certificates, and
registrations issued by the department.
Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF ADMINISTRATIVE AND
LICENSING ORDERS.
Subdivision 1. Amount of penalty; considerations. In determining the
amount of a penalty assessed under section 326B.082, subdivision 7 or 12, the
commissioner shall consider the factors described in section 14.045,
subdivision 3.
Subd. 2. Contents of administrative order and licensing order. (a)
An administrative order and a licensing order must include:
(1) a summary of the facts
that constitute the violation or violations;
(2) a reference to the
applicable law that has been violated; and
(3) a statement of the
person's right to request a hearing.
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(b)
An administrative order may include a requirement that the violation be
corrected. If the order includes a requirement that the violation be corrected,
then the order must include, in addition to any statements required under
paragraphs (a) and (c), the deadline by which the violation must be corrected.
(c)
An administrative order or a licensing order may assess monetary penalties. If
the order assesses monetary penalties, then the order must include, in addition
to any statements required under paragraphs (a) and (b):
(1)
a statement of the amount of the monetary penalty imposed;
(2)
a statement that, when the order becomes final, the commissioner may file and
enforce the unpaid portion of a penalty as a judgment in district court without
further notice or additional proceedings; and
(3)
if the order is an administrative order, a statement of the amount of the
penalty, if any, that will be forgiven if the person who is subject to the
order demonstrates to the commissioner by the 31st day after the order is
served that the person has corrected the violation or has developed a
correction plan acceptable to the commissioner.
Subd.
3. Penalty. (a) If an
administrative order includes a penalty assessment, then the penalty is due and
payable on the date the administrative order becomes final unless some or all
of the penalty is forgivable. If a licensing order includes a penalty
assessment, then the penalty is due and payable on the date the licensing order
becomes final.
(b)
This paragraph applies if an administrative order includes a penalty assessment
and all or a portion of the penalty is forgivable.
(1)
If any portion of the penalty is not forgivable, that portion of the penalty is
due and payable ten days after the date the administrative order becomes final.
(2)
The commissioner shall forgive the forgivable portion of the penalty if the
commissioner determines that the violation has been corrected within the time
set by the order or the person to whom the order was issued has developed a
correction plan acceptable to the commissioner within the time set by the
order.
(3)
If the commissioner determines that the person to whom the order was issued has
failed to correct the violation within the time set by the order or has failed
to develop a correction plan acceptable to the commissioner within the time set
by the order, then the forgivable portion of the penalty is due and payable ten
days after the commissioner serves notice of the determination on the person or
on the date the administrative order becomes final, whichever is later.
(c)
This paragraph applies if an administrative order or a licensing order includes
a penalty assessment and if the person subject to the order has requested a
hearing. The administrative law judge may not recommend a change in the amount
of the penalty if the penalty was assessed in accordance with a plan prepared
under section 326B.082, subdivision 14. If the commissioner has not prepared a
plan under section 326B.082, subdivision 14, then the administrative law judge
may not recommend a change in the amount of the penalty unless the
administrative law judge determines that, based on the factors in section
14.045, subdivision 3, the amount of the penalty is unreasonable.
(d)
The assessment of a penalty does not preclude the use of other enforcement
provisions, under which penalties are not assessed, in connection with the
violation for which the penalty was assessed.
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Sec. 4. [326B.084] FALSE INFORMATION.
A person subject to any of
the requirements in the applicable law may not make a false material statement,
representation, or certification in; omit material information from; or alter,
conceal, or fail to file or maintain a notice, application, record, report,
plan, or other document required under the applicable law.
Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
In any action brought by the
commissioner for enforcement of an order issued under section 326B.082 for
injunctive relief, or to compel performance pursuant to the applicable law, if
the state finally prevails, the state, in addition to other penalties provided
by law, may be allowed an amount determined by the court to be the reasonable
value of all or part of the litigation expenses incurred by the state. In
determining the amount of the litigation expenses to be allowed, the court
shall give consideration to the economic circumstances of the defendant.
Sec. 6. REVISOR'S INSTRUCTION.
The revisor of statutes
shall renumber Minnesota Statutes, section 299F.011, subdivision 1, as
Minnesota Statutes, section 326B.02, subdivision 5.
ARTICLE 4
BUILDING CODE
Section 1. Minnesota
Statutes 2006, section 16B.04, subdivision 2, is amended to read:
Subd. 2. Powers and duties, general. Subject to
other provisions of this chapter, the commissioner is authorized to:
(1) supervise, control,
review, and approve all state contracts and purchasing;
(2) provide agencies with
supplies and equipment and operate all central store or supply rooms serving
more than one agency;
(3) investigate and study
the management and organization of agencies, and reorganize them when necessary
to ensure their effective and efficient operation;
(4) manage and control state
property, real and personal;
(5) maintain and operate all
state buildings, as described in section 16B.24, subdivision 1;
(6) supervise, control,
review, and approve all capital improvements to state buildings and the capitol
building and grounds;
(7) provide central
duplicating, printing, and mail facilities;
(8) oversee publication of
official documents and provide for their sale;
(9) manage and operate
parking facilities for state employees and a central motor pool for travel on
state business; and
(10) establish and
administer a State Building Code; and
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(11) (10) provide rental space within
the capitol complex for a private day care center for children of state
employees. The commissioner shall contract for services as provided in this
chapter. The commissioner shall report back to the legislature by October 1,
1984, with the recommendation to implement the private day care operation.
Sec.
2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
Subd.
4. Code. "Code" means the
State Building Code adopted by the commissioner of labor and industry in
consultation with each industry board and the Construction Codes Advisory
Council in accordance with sections 16B.59 to 16B.75.
Sec.
3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
Subd.
7. Physically disabled Person
with a disability. "Physically disabled" means having
sight disabilities, hearing disabilities, disabilities of incoordination,
disabilities of aging, or other disabilities that significantly reduce
mobility, flexibility, coordination, or perceptiveness. "Person
with a disability" or "persons with disabilities" includes
people who have a vision disability, a hearing disability, a disability of
coordination, a disability of aging, or any other disability that significantly
reduces mobility, flexibility, coordination, or perceptiveness.
Sec.
4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
Subd.
8. Remodeling.
"Remodeling" means deliberate reconstruction of an existing public
building in whole or in part in order to bring it up to date in into
conformity with present uses of the structure and to which other rules on the
upgrading of health and safety provisions are applicable.
Sec.
5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
Subd.
11. State licensed facilities
facility. "State licensed facilities facility"
means a building and its grounds that are licensed by the state as a hospital,
nursing home, supervised living facility, free-standing outpatient surgical
center, or correctional facility, boarding care home, or residential
hospice.
Sec.
6. Minnesota Statutes 2006, section 16B.61, is amended to read:
16B.61 GENERAL POWERS OF COMMISSIONER OF
LABOR AND INDUSTRY.
Subdivision
1. Adoption of code. Subject to
sections 16B.59 to 16B.75, the commissioner shall by rule and in
consultation with the Construction Codes Advisory Council establish a code
of standards for the construction, reconstruction, alteration, and repair of
buildings, governing matters of structural materials, design and construction,
fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate
control. The code must also include duties and responsibilities for code
administration, including procedures for administrative action, penalties, and
suspension and revocation of certification. The code must conform insofar as
practicable to model building codes generally accepted and in use throughout
the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide
specialty codes presently in use in the state. Model codes with necessary
modifications and statewide specialty codes may be adopted by reference. The
code must be based on the application of scientific principles, approved tests,
and professional judgment. To the extent possible, the code must be adopted in
terms of desired results instead of the means of achieving those results,
avoiding wherever possible the incorporation of specifications of particular
methods or materials. To that end the code must encourage the use of new
methods and new materials. Except as otherwise provided in sections 16B.59 to
16B.75, the commissioner shall administer and enforce the provisions of those
sections.
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The
commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for
use of building systems as specified in the industrial/modular program
specified in section 16B.75. Additional plan review fees associated with
similar plans must be based on costs commensurate with the direct and indirect
costs of the service.
Subd.
1a. Administration by commissioner.
The commissioner shall administer and enforce the State Building Code as a
municipality with respect to public buildings and state licensed facilities in
the state. The commissioner shall establish appropriate permit, plan review, and
inspection fees, and surcharges for public buildings and state licensed
facilities. Fees and surcharges for public buildings and state licensed facilities
must be remitted to the commissioner, who shall deposit them in the state
treasury for credit to the special revenue fund.
Municipalities
other than the state having an agreement with the commissioner for code
administration and enforcement service for public buildings and state licensed
facilities shall charge their customary fees, including surcharge, to be paid
directly to the jurisdiction by the applicant seeking authorization to
construct a public building or a state licensed facility. The commissioner
shall sign an agreement with a municipality other than the state for plan
review, code administration, and code enforcement service for public buildings
and state licensed facilities in the jurisdiction if the building officials of
the municipality meet the requirements of section 16B.65 and wish to provide
those services and if the commissioner determines that the municipality has
enough adequately trained and qualified building inspectors to provide those
services for the construction project.
The
commissioner may direct the state building official to assist a community that
has been affected by a natural disaster with building evaluation and other
activities related to building codes.
Administration
and enforcement in a municipality under this section must apply any optional
provisions of the State Building Code adopted by the municipality. A
municipality adopting any optional code provision shall notify the state
building official within 30 days of its adoption.
The
commissioner shall administer and enforce the provisions of the code relating
to elevators statewide, except as provided for under section 16B.747,
subdivision 3.
Subd.
2. Enforcement by certain bodies.
Under the direction and supervision of the commissioner, the provisions of the
code relating to electrical installations shall be enforced by the State
Board of Electricity, pursuant to the Minnesota Electrical Act, the provisions
relating to, plumbing shall be enforced by the commissioner of
health, the provisions relating to, boilers, high pressure steam
piping and appurtenances, and ammonia refrigeration piping,
and bioprocess piping shall be enforced by the Department of Labor and
Industry. Fees for inspections conducted by the State Board of Electricity
commissioner shall be paid in accordance with the rules of the State
Board of Electricity department. Under direction of the commissioner
of public safety, the state fire marshal shall enforce the State Fire Code as
provided in chapter 299F. The commissioner, in consultation with the
commissioner of labor and industry, shall adopt amendments to the
mechanical code portion of the State Building Code to implement standards for
process piping.
Subd.
3. Special requirements. (a) Space for commuter vans. The code must
require that any parking ramp or other parking facility constructed in
accordance with the code include an appropriate number of spaces suitable for
the parking of motor vehicles having a capacity of seven to 16 persons and
which are principally used to provide prearranged commuter transportation of
employees to or from their place of employment or to or from a transit stop
authorized by a local transit authority.
(b) Smoke detection devices. The code must
require that all dwellings, lodging houses, apartment houses, and hotels as
defined in section 299F.362 comply with the provisions of section 299F.362.
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(c) Doors in nursing homes and hospitals. The
State Building Code may not require that each door entering a sleeping or
patient's room from a corridor in a nursing home or hospital with an approved
complete standard automatic fire extinguishing system be constructed or
maintained as self-closing or automatically closing.
(d) Child care facilities in churches; ground
level exit. A licensed day care center serving fewer than 30 preschool age
persons and which is located in a belowground space in a church building is
exempt from the State Building Code requirement for a ground level exit when the
center has more than two stairways to the ground level and its exit.
(e) Child care facilities in churches; vertical access. Until
August 1, 1996, an organization providing child care in an existing church
building which is exempt from taxation under section 272.02, subdivision 6,
shall have five years from the date of initial licensure under chapter 245A to
provide interior vertical access, such as an elevator, to persons with
disabilities as required by the State Building Code. To obtain the extension,
the organization providing child care must secure a $2,500 performance bond
with the commissioner of human services to ensure that interior vertical access
is achieved by the agreed upon date.
(f) (e) Family and group family day care. Until the legislature enacts
legislation specifying appropriate standards, the definition of Group R-3
occupancies in dwellings constructed in accordance with the
International Residential Code as adopted as part of the State Building
Code applies to family and group family day care homes licensed by the
Department of Human Services under Minnesota Rules, chapter 9502.
(g) (f) Enclosed stairways. No provision of the code or any appendix
chapter of the code may require stairways of existing multiple dwelling
buildings of two stories or less to be enclosed.
(h) (g) Double cylinder dead bolt locks. No provision of the code or
appendix chapter of the code may prohibit double cylinder dead bolt locks in
existing single-family homes, townhouses, and first floor duplexes used
exclusively as a residential dwelling. Any recommendation or promotion of
double cylinder dead bolt locks must include a warning about their potential
fire danger and procedures to minimize the danger.
(i) (h) Relocated residential buildings. A residential building relocated
within or into a political subdivision of the state need not comply with the
State Energy Code or section 326.371 provided that, where available, an energy
audit is conducted on the relocated building.
(j) (i) Automatic garage door opening systems. The code must require all
residential buildings as defined in section 325F.82 to comply with the
provisions of sections 325F.82 and 325F.83.
(k) (j) Exit sign illumination. For a new building on which construction is
begun on or after October 1, 1993, or an existing building on which remodeling
affecting 50 percent or more of the enclosed space is begun on or after October
1, 1993, the code must prohibit the use of internally illuminated exit signs
whose electrical consumption during nonemergency operation exceeds 20 watts of
resistive power. All other requirements in the code for exit signs must be
complied with.
(l) (k) Exterior wood decks, patios, and balconies. The code must permit
the decking surface and upper portions of exterior wood decks, patios, and
balconies to be constructed of (1) heartwood from species of wood having
natural resistance to decay or termites, including redwood and cedars, (2)
grades of lumber which contain sapwood from species of wood having natural
resistance to decay or termites, including redwood and cedars, or (3) treated
wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be
made available to the building official on request before final construction
approval.
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(m) (l) Bioprocess piping and equipment. No permit fee for bioprocess
piping may be imposed by municipalities under the State Building Code, except
as required under section 326.47, subdivision 1. Permits for bioprocess piping
shall be according to section 326.47 administered by the Department of Labor
and Industry. All data regarding the material production processes, including
the bioprocess system's structural design and layout, are nonpublic data as
provided by section 13.7911.
Subd.
3a. Recycling space. The code must
require suitable space for the separation, collection, and temporary storage of
recyclable materials within or adjacent to new or significantly remodeled
structures that contain 1,000 square feet or more. Residential structures with
fewer than four dwelling units are exempt from this subdivision.
Subd.
4. Review of plans for public buildings
and state licensed facilities. Construction or remodeling may not begin on
any public building or state licensed facility until the plans and
specifications have been approved by the commissioner or municipality under
contractual agreement pursuant to subdivision 1a. The plans and specifications
must be submitted for review, and within 30 days after receipt of the plans and
specifications, the commissioner or municipality under contractual agreement
shall notify the submitting authority of any corrections.
Subd.
5. Accessibility. (a) Public buildings. The code must provide
for making public buildings constructed or remodeled after July 1, 1963,
accessible to and usable by physically disabled persons with
disabilities, although this does not require the remodeling of public buildings
solely to provide accessibility and usability to the physically disabled
persons with disabilities when remodeling would not otherwise be
undertaken.
(b) Leased space. No agency of the state
may lease space for agency operations in a non-state-owned building unless the
building satisfies the requirements of the State Building Code for
accessibility by the physically disabled persons with disabilities,
or is eligible to display the state symbol of accessibility. This limitation
applies to leases of 30 days or more for space of at least 1,000 square feet.
(c) Meetings or conferences. Meetings or
conferences for the public or for state employees which are sponsored in whole
or in part by a state agency must be held in buildings that meet the State Building
Code requirements relating to accessibility for physically disabled
persons with disabilities. This subdivision does not apply to any
classes, seminars, or training programs offered by the Minnesota State Colleges
and Universities or the University of Minnesota. Meetings or conferences
intended for specific individuals none of whom need the accessibility features
for disabled persons with disabilities specified in the State
Building Code need not comply with this subdivision unless a disabled
person with a disability gives reasonable advance notice of an intent to
attend the meeting or conference. When sign language interpreters will be
provided, meetings or conference sites must be chosen which allow hearing
impaired participants to see their signing clearly.
(d) Exemptions. The commissioner may grant
an exemption from the requirements of paragraphs (b) and (c) in advance if an
agency has demonstrated that reasonable efforts were made to secure facilities
which complied with those requirements and if the selected facilities are the
best available for access for disabled persons with disabilities.
Exemptions shall be granted using criteria developed by the commissioner in
consultation with the Council on Disability.
(e) Symbol indicating access. The
wheelchair symbol adopted by Rehabilitation International's Eleventh World
Congress is the state symbol indicating buildings, facilities, and grounds
which are accessible to and usable by disabled persons with
disabilities. In the interests of uniformity, this symbol is the sole
symbol for display in or on all public or private buildings, facilities, and
grounds which qualify for its use. The secretary of state shall obtain the
symbol and keep it on file. No building, facility, or grounds may display the
symbol unless it is in compliance with the rules adopted by the commissioner
under subdivision 1. Before any rules are proposed for adoption under this
paragraph, the commissioner shall consult with the Council on Disability. Rules
adopted under this paragraph must be enforced in the same way as other
accessibility rules of the State Building Code.
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(f) Municipal enforcement. Municipalities
which have not adopted the State Building Code may enforce the building code
requirements for disabled persons with disabilities by either
entering into a joint powers agreement for enforcement with another
municipality which has adopted the State Building Code; or contracting for
enforcement with an individual certified under section 16B.65, subdivision 3,
to enforce the State Building Code.
(g) Equipment allowed. The code must allow the use of
vertical wheelchair lifts and inclined stairway wheelchair lifts in public
buildings. An inclined stairway wheelchair lift must be equipped with light or
sound signaling device for use during operation of the lift. The stairway or
ramp shall be marked in a bright color that clearly indicates the outside edge
of the lift when in operation. The code shall not require a guardrail between
the lift and the stairway or ramp. Compliance with this provision by itself
does not mean other disability accessibility requirements have been met.
Subd.
6. Energy efficiency. The code must
provide for building new low-income housing in accordance with energy
efficiency standards adopted under subdivision 1. For purposes of this
subdivision, low-income housing means residential housing built for low-income
persons and families under a program of a housing and redevelopment authority,
the Minnesota Housing Finance Agency, or another entity receiving money from
the state to construct such housing.
Subd.
7. Access for the hearing-impaired.
All rooms in the State Office Building and in the Capitol that are used by the
house of representatives or the senate for legislative hearings, and the public
galleries overlooking the house and senate chambers, must be fitted with
assistive listening devices for the hearing-impaired. Each hearing room and the
public galleries must have a sufficient number of receivers available so that
hearing-impaired members of the public may participate in the committee
hearings and public sessions of the house and senate.
Subd.
8. Separate metering for electric
service. The standards concerning heat loss, illumination, and climate
control adopted pursuant to subdivision 1, shall require that electrical
service to individual dwelling units in buildings containing two or more units
be separately metered, with individual metering readily accessible to the
individual occupants. The standards authorized by this subdivision shall only
apply to buildings constructed after the effective date of the amended
standards. Buildings intended for occupancy primarily by persons who are 62
years of age or older or disabled, or which contain a majority of units not
equipped with complete kitchen facilities, shall be exempt from the provisions
of this subdivision.
Sec.
7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
Subd.
4. Rules. The commissioner of
administration shall adopt rules to implement this section. The rules may
provide for a greater ratio of women's to men's facilities for certain types of
occupancies than is required in subdivision 3, and may apply the required
ratios to categories of occupancies other than those defined as places of
public accommodation under subdivision 1.
Sec.
8. Minnesota Statutes 2006, section 16B.617, is amended to read:
16B.617 ENERGY CODE RULES REMAIN IN EFFECT.
(a)
Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter
7670, does not expire on April 15, 2000, but remains in effect for residential
buildings not covered by Minnesota Rules, chapter 7676. The provisions of
Minnesota Rules, chapter 7670, that apply to category 1 buildings govern new,
detached single one- and two-family R-3 occupancy residential buildings. All
new, detached single one- and two-family R-3 occupancy buildings subject to
Minnesota Rules, chapter 7670, submitting an application for a building permit
after April 14, 2000, must meet the requirements for category 1 buildings, as
set out in Minnesota Rules, chapter 7670.
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(b) As
an alternative to compliance with paragraph (a), compliance with Minnesota
Rules, chapters 7672 and 7674, is optional for a contractor or owner.
(c)
The Department of Administration, Building Codes and Standards Division (BCSD),
shall issue a report to the legislature by December 1, 2001, addressing the
cost benefit, as well as air quality, building durability, moisture,
enforcement, enforceability, and liability regarding implementation of
Minnesota Rules, chapters 7670, 7672, and 7674. The report must include a
feasibility study of establishing new criteria for category 2 detached single
one- and two-family R-3 occupancy buildings that are energy efficient,
enforceable, and provide sufficient nonmechanical ventilation or permeability
for a home to maintain good air quality, building durability, and adequate release
of moisture.
(d) (c) This section
expires when the commissioner of administration adopts a new energy code
in accordance with Laws 2002, chapter 317, section 4.
Sec.
9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
16B.6175 ENERGY CODE.
Notwithstanding
section 16B.617, the commissioner of administration, in consultation
with the Construction Codes Advisory Council, shall explore and review the
availability and appropriateness of any model energy codes related to the
construction of single one- and two-family residential buildings. In
consultation with the council, the commissioner shall take steps to adopt the
chosen code with all necessary and appropriate amendments.
The
commissioner may not adopt all or part of a model energy code relating to the
construction of residential buildings without research and analysis that
addresses, at a minimum, air quality, building durability, moisture,
enforcement, enforceability cost benefit, and liability. The research and
analysis must be completed in cooperation with practitioners in residential
construction and building science and an affirmative recommendation by the
Construction Codes Advisory Council.
Sec.
10. Minnesota Statutes 2006, section 16B.63, is amended to read:
16B.63 STATE BUILDING OFFICIAL.
Subdivision
1. Appointment. The commissioner
shall appoint a state building official who under the direction and supervision
of the commissioner shall administer the code.
Subd.
2. Qualifications. To be eligible
for appointment as state building official an individual must be competent in
the field of administration and shall have the experience in building design,
construction, and supervision which the commissioner considers necessary.
Subd.
3. Powers and duties. The state
building official may, with the approval of the commissioner, employ personnel
necessary to carry out the inspector's function under sections 16B.59 to
16B.75. The state building official shall distribute without charge one copy
a printed or electronic version of the code to each municipality within the
state. Additional copies A printed or electronic version of the code
shall be made available to municipalities and interested parties for a fee
prescribed by the commissioner. The state building official shall perform other
duties in administering the code assigned by the commissioner.
Subd.
4. Accessibility specialists. The
state building official shall, with the approval of the commissioner, assign
three department employees to assist municipalities in complying with section
16B.61, subdivision 5.
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Subd.
5. Interpretative authority. To
achieve uniform and consistent application of the State Building Code, the state
building official commissioner has final interpretative authority
applicable to all codes adopted as part of the State Building Code except for
the Plumbing Code and the Electrical Code when enforced by the State Board
of Electricity. A final interpretative committee composed of seven members,
consisting of three building officials, two inspectors from the affected field,
and two construction industry representatives, shall review requests for final
interpretations relating to that field. A request for which the
commissioner has final interpretative authority. The Plumbing Board has final
interpretative authority applicable to the State Plumbing Code and shall review
requests for final interpretation made to the board that relate to the State
Plumbing Code. The Board of Electricity has final interpretative authority
applicable to the State Electrical Code and shall review requests for final
interpretation made to the board that relate to the State Electrical Code. The
Board of High Pressure Piping Systems has final interpretative authority
applicable to the State High Pressure Piping Code and shall review requests for
final interpretation made to the board that relate to the State High Pressure
Piping Code. Except for requests for final interpretations that relate to the
State Plumbing Code, the State Electrical Code, and the State High Pressure
Piping Code, requests for final interpretation must come from a local or
state level building code board of appeals. The state building official
commissioner must establish procedures for membership of the final interpretative
committees. The appropriate committee shall review the request and make a
recommendation to the state building official commissioner for
the final interpretation within 30 days of the request. The state building
official commissioner must issue an final
interpretation within ten business days from after the receipt of
the recommendation from the review final interpretive committee. A
The Plumbing Board, the Board of Electricity, or the Board of High Pressure
Piping Systems shall review a request and issue a final interpretation within
30 days of the request. Any person aggrieved by a final interpretation may be
appealed appeal the interpretation within 30 days of its issuance to
by the commissioner under section 16B.67 or the board in
accordance with chapter 14. The final interpretation must be published
within ten business days of its issuance and made available to the public.
Municipal building officials shall administer all final interpretations issued
by the state building official commissioner, the Plumbing Board, the
Board of Electricity, or the Board of High Pressure Piping Systems until
the final interpretations are considered by the commissioner, the Plumbing
Board, the Board of Electricity, or the Board of High Pressure Piping Systems for
adoption as part of the State Building Code, State Plumbing Code, State
Electrical Code, and the State High Pressure Piping Code.
Sec.
11. Minnesota Statutes 2006, section 16B.64, is amended by adding a subdivision
to read:
Subd.
8. Effective date of rules. A
rule to adopt or amend a building code is effective 180 days after the filing
of the rule with the secretary of state under section 14.16 or 14.26. The rule
may provide for a different effective date if the commissioner or board
proposing the rule finds that a different effective date is necessary to
protect public health and safety after considering, among other things, the
need for time for training of individuals to comply with and enforce the rule.
Sec.
12. Minnesota Statutes 2006, section 16B.65, is amended to read:
16B.65 BUILDING OFFICIALS.
Subdivision
1. Designation. By January 1,
2002, Each municipality shall designate a building official to administer
the code. A municipality may designate no more than one building official
responsible for code administration defined by each certification category
established in rule. Two or more municipalities may combine in the designation
of a building official for the purpose of administering the provisions of the
code within their communities. In those municipalities for which no building
officials have been designated, the state building official may use whichever
state employees are necessary to perform the duties of the building official
until the municipality makes a temporary or permanent designation. All costs
incurred by virtue of these services rendered by state employees must be borne
by the involved municipality and receipts arising from these services must be
paid into the state treasury and credited to the special revenue fund
to the commissioner.
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Subd. 2. Qualifications. A building official, to
be eligible for designation, must be certified and have the experience in
design, construction, and supervision which the commissioner deems necessary
and must be generally informed on the quality and strength of building
materials, accepted building construction requirements, and the nature of
equipment and needs conducive to the safety, comfort, and convenience of
building occupants. No person may be designated as a building official for a
municipality unless the commissioner determines that the official is qualified
as provided in subdivision 3.
Subd. 3. Certification. The commissioner shall
by rule establish certification criteria as proof of qualification pursuant to
subdivision 2. The commissioner may:
(1) prepare and conduct
develop and administer written and practical examinations to determine if a
person is qualified pursuant to subdivision 2 to be a building official;
(2) accept documentation of
successful completion of testing programs developed and administered by
nationally recognized testing agencies, as proof of qualification pursuant to
subdivision 2; or
(3) determine qualifications
by both clauses (1) and (2) satisfactory completion of clause (2) and
a mandatory training program developed or approved by the commissioner.
Upon a determination of
qualification under clause (1), (2), or both of them (3), the
commissioner shall issue a certificate to the building official stating that
the official is certified. Each person applying for examination and
certification pursuant to this section shall pay a nonrefundable fee of $70.
The commissioner or a designee may establish categories of certification that
will recognize the varying complexities of code enforcement in the
municipalities within the state. The commissioner shall provide educational
programs designed to train and assist building officials in carrying out their
responsibilities.
The Department of Employee
Relations may, at the request of the commissioner, provide statewide testing
services.
Subd. 4. Duties. Building officials shall, in
the municipality for which they are designated, be responsible for all aspects
of code administration for which they are certified, including the issuance of
all building permits and the inspection of all manufactured home installations.
The commissioner may direct a municipality with a building official to perform
services for another municipality, and in that event the municipality being
served shall pay the municipality rendering the services the reasonable costs
of the services. The costs may be subject to approval by the commissioner.
Subd. 5. Oversight committee. (a) The
commissioner shall establish a Code Administration Oversight Committee to
evaluate, mediate, and that will, at the commissioner's request,
recommend to the commissioner any administrative action, penalty,
suspension, or revocation with respect appropriate action pursuant to section
326B.82, in response to complaints filed with or information
received or obtained by the commissioner alleging or indicating that
supports a finding that: (1) an individual has engaged in, or is about to
engage in, the unauthorized performance of official the
duties of a certified building official or the unauthorized use
of the title certified building official, title; or a
violation of (2) a certified building official has violated a statute,
rule, stipulation, agreement, settlement, compliance agreement, cease and
desist agreement, or order that the commissioner has adopted, issued,
or is empowered has the authority to enforce and that is
related to the duties of a certified building official.
(b)
The
committee consists shall consist of six members. One member
shall be the commissioner's designee and five members shall be certified
building officials, who are appointed by the commissioner. At
least two of whom the appointed certified building officials must
be from nonmetropolitan counties. For the committee members must be
compensated according to who are not state officials or employees, their
compensation and removal from the oversight committee is governed by section
15.059, subdivision 3. The commissioner's designee shall act as an
ex-
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officio
member of the oversight committee serve as the chair of the oversight committee and
shall not vote.
The terms of the appointed members of the oversight committee shall be four years.
The terms of three of the appointed members shall be coterminous with the
governor and the terms of the remaining two appointed members shall end on the
first Monday in January one year after the terms of the other appointed members
expire. An appointed member may be reappointed. The committee is not subject to
the expiration provisions of section 15.059, subdivision 5.
(b) (c) If the commissioner has
a reasonable basis to believe determines that a person an
individual has engaged in an act or practice constituting the
unauthorized performance of official the duties, of a
certified building official or the unauthorized use of the title
certified building official title, or that a violation of
certified building official has violated a statute, rule, stipulation,
agreement, settlement, compliance agreement, cease and desist agreement, or
order that the commissioner has adopted, issued, or is empowered
authorized to enforce that is related to the duties of a certified
building official, the commissioner may proceed with take
administrative actions or penalties as described in subdivision 5a or
suspension or revocation as described in subdivision 5b. against the
individual pursuant to section 326B.082, subdivisions 7 and 11.
Subd.
5a. Administrative action and penalties.
The commissioner shall, by rule, establish a graduated schedule of
administrative actions for violations of sections 16B.59 to 16B.75 and rules
adopted under those sections. The schedule must be based on and reflect the
culpability, frequency, and severity of the violator's actions. The
commissioner may impose a penalty from the schedule on a certification holder
for a violation of sections 16B.59 to 16B.75 and rules adopted under those
sections. The penalty is in addition to any criminal penalty imposed for the
same violation. Administrative monetary penalties imposed by the commissioner
must be paid to the special revenue fund.
Subd.
5b. Suspension; revocation.
Grounds. Except as otherwise provided for by law, the commissioner
may, upon notice and hearing, revoke or suspend or refuse to issue or reissue a
building official certification if the applicant, building official, or
certification holder: 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 certificate, or may censure an applicant or
individual holding a certificate, if the applicant or individual:
(1)
violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those
sections; or
(2)
engages in fraud, deceit, or misrepresentation while performing the duties of a
certified building official;.
(3)
makes a false statement in an application submitted to the commissioner or in a
document required to be submitted to the commissioner; or
(4)
violates an order of the commissioner.
Notice
must be provided and the hearing conducted in accordance with the provisions of
chapter 14 governing contested case proceedings. Nothing in this subdivision
limits or otherwise affects the authority of a municipality to dismiss or
suspend a building official at its discretion, except as otherwise provided for
by law.
Subd.
5c. Action against unlicensed persons.
The commissioner may take any administrative action provided under section
326B.082, against an individual required to be certified under subdivision 3,
based upon conduct that would provide grounds for action against a certificate
holder under this section.
Subd.
6. Vacancies. In the event that a
designated building official position is vacant within a municipality, that
municipality shall designate a certified building official to fill the vacancy
as soon as possible. The commissioner must be notified of any vacancy or
designation in writing within 15 days. If the municipality fails to designate a
certified building official within 15 days of the occurrence of the vacancy,
the state building official may provide state employees to serve that function
as provided in subdivision 1 until the municipality makes a temporary or
permanent designation. Municipalities must not issue permits without a
designated certified building official.
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Subd.
7. Continuing education. Subject to
sections 16B.59 to 16B.75, the commissioner may by rule establish or approve
continuing education programs for municipal certified building
officials dealing with matters of building code administration, inspection, and
enforcement.
Each
person certified as a building official for the state must satisfactorily
complete applicable educational programs established or approved by the
commissioner every three calendar years to retain certification.
Each
person certified as a building official must submit in writing to the
commissioner an application for renewal of certification within 60 days of the
last day of the third calendar year following the last certificate issued. Each
application for renewal must be accompanied by proof of satisfactory completion
of minimum continuing education requirements and the certification renewal fee
established by the commissioner.
Subd.
8. Renewal. (a) Subject to
sections 16B.59 to 16B.76, the commissioner of labor and industry may by rule
adopt standards dealing with renewal requirements.
(b)
If the commissioner has not issued a notice of denial of application for a
certificate holder and if the certificate holder has properly and timely filed
a fully completed renewal application, then the certificate holder may continue
to engage in building official activities whether or not the renewed
certificate has been received. Applications must be made on a form approved by
the commissioner. Each application for renewal must be fully completed, and be
accompanied by proof of the satisfactory completion of minimum continuing
education requirements and the certification renewal fee established by the
commissioner. Applications are timely if received prior to the expiration of
the most recently issued certificate. An application for renewal that does not
contain all of the information requested is an incomplete application and will
not be accepted.
Subd.
9. Expiration. All certificates
expire at 11:59:59 p.m. central time on the date of expiration if not properly
renewed in accordance with subdivision 8, paragraph (b).
Subd.
10. Failure to renew. An
individual who has failed to make a timely application for renewal of a
certificate is not certified and must not serve as the designated building
official for any municipality until a renewed certificate has been issued by the
commissioner.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
13. Minnesota Statutes 2006, section 16B.70, is amended to read:
16B.70 SURCHARGE.
Subdivision
1. Computation. To defray the costs
of administering sections 16B.59 to 16B.76, a surcharge is imposed on all
permits issued by municipalities in connection with the construction of or
addition or alteration to buildings and equipment or appurtenances after June
30, 1971. The commissioner may use any surplus in surcharge receipts to award
grants for code research and development and education.
If the
fee for the permit issued is fixed in amount the surcharge is equivalent to
one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For
all other permits, the surcharge is as follows:
(1) if
the valuation of the structure, addition, or alteration is $1,000,000 or less,
the surcharge is equivalent to one-half mill (.0005) of the valuation of the
structure, addition, or alteration;
(2) if
the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
mill (.0004) of the value between $1,000,000 and $2,000,000;
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(3) if the valuation is
greater than $2,000,000, the surcharge is $900 plus three-tenths mill (.0003)
of the value between $2,000,000 and $3,000,000;
(4) if the valuation is
greater than $3,000,000, the surcharge is $1,200 plus one-fifth mill (.0002) of
the value between $3,000,000 and $4,000,000;
(5) if the valuation is
greater than $4,000,000, the surcharge is $1,400 plus one-tenth mill (.0001) of
the value between $4,000,000 and $5,000,000; and
(6) if the valuation exceeds
$5,000,000, the surcharge is $1,500 plus one-twentieth mill (.00005) of the
value that exceeds $5,000,000.
Subd. 2. Collection and reports. All permit
surcharges must be collected by each municipality and a portion of them
remitted to the state. Each municipality having a population greater than
20,000 people shall prepare and submit to the commissioner once a month a
report of fees and surcharges on fees collected during the previous month but
shall retain the greater of two percent or that amount collected up to $25 to
apply against the administrative expenses the municipality incurs in collecting
the surcharges. All other municipalities shall submit the report and surcharges
on fees once a quarter but shall retain the greater of four percent or that
amount collected up to $25 to apply against the administrative expenses the
municipalities incur in collecting the surcharges. The report, which must be in
a form prescribed by the commissioner, must be submitted together with a
remittance covering the surcharges collected by the 15th day following the
month or quarter in which the surcharges are collected. All money collected
by the commissioner through surcharges and other fees prescribed by sections
16B.59 to 16B.75 shall be deposited in the state government special revenue
fund and is appropriated to the commissioner for the purpose of administering
and enforcing the State Building Code under sections 16B.59 to 16B.75.
Subd. 3. Revenue to equal costs. Revenue
received from the surcharge imposed in subdivision 1 should approximately equal
the cost, including the overhead cost, of administering sections 16B.59 to
16B.75. By November 30 each year, the commissioner must report to the
commissioner of finance and to the legislature on changes in the surcharge
imposed in subdivision 1 needed to comply with this policy. In making this
report, the commissioner must assume that the services associated with
administering sections 16B.59 to 16B.75 will continue to be provided at the
same level provided during the fiscal year in which the report is made.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 14. Minnesota Statutes
2006, section 16B.72, is amended to read:
16B.72 REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN COUNTIES.
Notwithstanding any other
provision of law to the contrary, a county that is not a metropolitan county as
defined by section 473.121, subdivision 4, may provide, by a vote of the
majority of its electors residing outside of municipalities that have adopted
the State Building Code before January 1, 1977, that no part of the State
Building Code except the building requirements for disabled persons
with disabilities, the requirements for bleacher safety, and the
requirements for elevator safety applies within its jurisdiction.
The county board may submit
to the voters at a regular or special election the question of adopting the
building code. The county board shall submit the question to the voters if it
receives a petition for the question signed by a number of voters equal to at
least five percent of those voting in the last general election. The question
on the ballot must be stated substantially as follows:
"Shall the State
Building Code be adopted in .......... County?"
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If the
majority of the votes cast on the proposition is in the negative, the State
Building Code does not apply in the subject county, outside home rule charter
or statutory cities or towns that adopted the building code before January 1,
1977, except the building requirements for disabled persons with
disabilities, the requirements for bleacher safety, and the requirements
for elevator safety do apply.
Nothing
in this section precludes a municipality or town that has not adopted the State
Building Code from adopting and enforcing by ordinance or other legal means the
State Building Code within its jurisdiction.
Sec.
15. Minnesota Statutes 2006, section 16B.73, is amended to read:
16B.73 STATE BUILDING CODE IN MUNICIPALITIES
UNDER 2,500; LOCAL OPTION.
The
governing body of a municipality whose population is less than 2,500 may
provide that the State Building Code, except the requirements for disabled
persons with disabilities, the requirements for bleacher safety, and the
requirements for elevator safety, will not apply within the jurisdiction of the
municipality, if the municipality is located in whole or in part within a
county exempted from its application under section 16B.72. If more than one
municipality has jurisdiction over an area, the State Building Code continues
to apply unless all municipalities having jurisdiction over the area have
provided that the State Building Code, except the requirements for disabled
persons with disabilities, the requirements for bleacher safety, and the
requirements for elevator safety, does not apply within their respective
jurisdictions. Nothing in this section precludes a municipality or town from
adopting and enforcing by ordinance or other legal means the State Building
Code within its jurisdiction.
Sec.
16. Minnesota Statutes 2006, section 16B.735, is amended to read:
16B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED
PERSONS WITH DISABILITIES.
A
statutory or home rule charter city that is not covered by the State Building
Code because of action taken under section 16B.72 or 16B.73 is responsible for
enforcement in the city of the State Building Code's requirements for disabled
persons with disabilities. In all other areas where the State Building
Code does not apply because of action taken under section 16B.72 or 16B.73, the
county is responsible for enforcement of those requirements.
Sec.
17. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
Subdivision
1. Applicability. As used in
For the purposes of sections 16B.61, 16B.72, 16B.73, and 16B.74 to 16B.746
16B.748 the terms "passenger or freight elevator,"
"automatic operation" and "continuous pressure operation"
defined in this section shall have the following meanings given
them.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
18. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
Subd.
2. Passenger or freight elevator.
"Passenger or freight elevator" means all elevators except those that
comply with the safety rules of the department of Administration
relating to construction and installation and that have automatic operation or
continuous pressure operation.
Sec.
19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
to read:
Subd.
7. Elevator inspection. "Elevator
inspection" means an examination of elevator installations, repairs,
alterations, removal, and construction for compliance with the State Building
Code that may include witnessing tests performed on elevators by elevator
personnel, performing tests on elevators, or an audit of records related to routine
and periodic maintenance and testing, or any combination thereof when performed
by the department or a municipality authorized to perform such inspections.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec.
20. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
to read:
Subd.
8. Elevator inspector. "Elevator
inspector" means an individual who meets the requirements established
pursuant to section 16B.748, clause (1), who is performing elevator inspections
for the department or a municipality authorized to perform such inspections.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
21. Minnesota Statutes 2006, section 16B.741, is amended to read:
16B.741 ELEVATOR AVAILABLE FOR
INSPECTION AND REPORTING.
Subdivision
1. Elevator available for inspection.
A person, firm, entity, or corporation that owns or controls a building
or other structure housing an elevator that is subject to inspection by the
department, shall, upon request, provide access at a reasonable hour to the
elevator for purposes of inspection.
Subd.
2. Persons required to report. The
following persons shall report the information specified in subdivision 3 to
the commissioner by January 1, 2008:
(a)
any person that, between August 1, 2005, and July 31, 2007, has provided
service, alteration, repair, or maintenance to any elevator located in
Minnesota;
(b)
any person that, between August 1, 2005, and July 31, 2007, has entered into an
agreement to provide service, alteration, repair, or maintenance to any
elevator located in Minnesota;
(c)
any person that owns or controls an elevator located in Minnesota that, between
August 1, 2005, and July 31, 2007, has not received service, alteration,
repair, or maintenance on the elevator; or
(d)
any person that owns or controls an elevator located in Minnesota that, between
August 1, 2005, and July 31, 2007, has not entered into an agreement to receive
service, alteration, repair, or maintenance on the elevator.
Subd.
3. Elevator location, type, and
installation date. On a form prescribed by the commissioner, the
persons required to report pursuant to subdivision 2 shall provide the
following:
(a)
the location of each elevator;
(b)
the type of each elevator; and
(c)
the date the elevator was installed.
Subd.
4. Definition. As used in this
section, "elevator" is as defined in section 16B.74, subdivision 5.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
22. Minnesota Statutes 2006, section 16B.744, is amended to read:
16B.744 ELEVATORS, ENTRANCES SEALED.
It
shall be the duty of the department of Administration and the licensing
authority of any municipality which adopts any such ordinance whenever it finds
any such elevator under its jurisdiction in use in violation of any provision
of sections 16B.74 to 16B.745 to seal the entrances of such elevator and attach
a notice forbidding the use of such elevator until the provisions thereof are
complied with.
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Sec. 23. Minnesota Statutes
2006, section 16B.745, subdivision 1, is amended to read:
Subdivision 1. Removal of seal. No person, firm, or
corporation may remove any seal or notice forbidding the use of an elevator,
except by authority of the department of Administration or the licensing
authority having jurisdiction over the elevator, or operate an elevator after a
notice has been attached forbidding its use, unless the notice has been removed
by authority of the department of Administration or the licensing
authority having jurisdiction over the elevator.
Sec. 24. Minnesota Statutes
2006, section 16B.745, subdivision 4, is amended to read:
Subd. 4. Penalties. The commissioner of
administration shall administer sections 16B.74 to 16B.749. In addition to
the remedies provided for violations of this chapter, the commissioner may
impose a penalty of up to $1,000 $10,000 for a violation of any
provision of sections 16B.74 to 16B.749.
Sec. 25. Minnesota Statutes
2006, section 16B.747, is amended to read:
16B.747 FEES FOR LICENSURE AND INSPECTION PERMIT.
Subdivision 1. Permits. No person, firm, or
corporation may construct, install, alter, or remove an elevator without
first filing an application for a permit with the department of
Administration or a municipality authorized by subdivision 3 to inspect
elevators. Upon successfully completing inspection and the payment of the
appropriate fee, the owner must be granted an operating permit for the
elevator.
Subd. 1a. Annual operating permit. No person may operate an
elevator without first obtaining an annual operating permit from the department
or a municipality authorized by subdivision 3 to issue annual operating
permits. A $100 annual operating permit fee must be paid to the department for
each annual operating permit issued by the department, except that the original
annual operating permit must be included in the permit fee for the initial
installation of the elevator. Annual operating permits must be issued at
12-month intervals from the date of the initial annual operating permit. For
each subsequent year, an owner must be granted an annual operating permit for
the elevator upon the owner's or owner's agent's submission of a form
prescribed by the commissioner and payment of the $100 fee. Each form must
include the location of the elevator, the results of any periodic test required
by the code, and any other criteria established by rule. An annual operating
permit may be revoked by the commissioner upon an audit of the periodic testing
results submitted with the application or a failure to comply with elevator
code requirements, inspections, or any other law related to elevators.
Subd. 2. Contractor licenses. The commissioner
may establish criteria for the qualifications of elevator contractors and issue
licenses based upon proof of the applicant's qualifications.
Subd. 3. Permissive municipal regulation. A
municipality may conduct a system of elevator inspection in conformity with
this chapter, State Building Code requirements, and adopted rules that includes
the inspection of elevator installation, repair, alteration, and removal,
construction, and the routine and periodic inspection and testing of
existing elevators, and the issuance of annual operating permits. The
municipality shall employ inspectors meeting the minimum requirements
established by Minnesota Rules to perform the inspections and to witness the
tests. A municipality may establish and retain its own fees for inspection of
elevators and related devices in its jurisdiction. A municipality may
establish and retain its own fees for issuance of annual operating permits for
elevators in its jurisdiction. A municipality may not adopt standards that
do not conform to the uniform standards prescribed by the department.
If the commissioner
determines that a municipality is not properly administering and enforcing the
law, rules, and codes, the commissioner shall have the inspection,
administration, and enforcement undertaken by a qualified inspector employed by
the department.
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Subd. 4. Deposit of fees. Fees received under this section must be
deposited in the state treasury and credited to the special revenue fund.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 26. Minnesota Statutes
2006, section 16B.748, is amended to read:
16B.748 RULES.
The commissioner may adopt
rules for the following purposes:
(1) to establish minimum
qualifications for elevator inspectors that must include possession of a
current elevator constructor electrician's license issued by the State Board
of Electricity department and proof of successful completion of the
national elevator industry education program examination or equivalent
experience;
(2) to establish minimum
qualifications for limited elevator inspectors;
(2) (3) to establish criteria for
the qualifications of elevator contractors;
(3) (4) to establish elevator
standards under sections 16B.61, subdivisions 1 and 2, and 16B.64;
(4) (5) to establish procedures for
appeals of decisions of the commissioner under chapter 14 and procedures
allowing the commissioner, before issuing a decision, to seek advice from the
elevator trade, building owners or managers, and others knowledgeable in the
installation, construction, and repair of elevators; and
(5) (6) to establish requirements
for the registration of all elevators.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 27. Minnesota Statutes
2006, section 16B.76, is amended to read:
16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
Subdivision 1. Membership. (a) The Construction Codes
Advisory Council consists of the following members:
(1) the commissioner of
administration or the commissioner's designee representing the department's
Building Codes and Standards Construction Codes and Licensing Division;
(2) the commissioner of
health or the commissioner's designee representing an Environmental Health
Section of the department;
(3) (2) the commissioner of public
safety or the commissioner's commissioner of public safety's
designee representing the department's Department of Public Safety's State
Fire Marshal Division;
(4) the commissioner of
commerce or the commissioner's designee representing the department's State
Energy Office; and
(5) (3) one member representing,
appointed by the commissioner, engaged in each of the following occupations
or entities, appointed by the commissioner of administration or
industries:
(i) a certified
building official officials;
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(ii) a fire service
representative chiefs or fire marshals;
(iii) a licensed architect
architects;
(iv) a licensed engineer
professional engineers;
(v) a building owners and
managers representative commercial building owners and managers;
(vi) a the
licensed residential building contractor industry;
(vii) a the
commercial building contractor industry;
(viii) a the
heating and ventilation contractor industry;
(ix) a member of the Plumbing
contractor Board;
(x) a representative of a
construction and building trades union; and member of the Board of
Electricity;
(xi) a local unit of
government representative. (xi) a member of the Board of High Pressure Piping
Systems;
(xii) the boiler industry;
(xiii) the manufactured
housing industry;
(xiv) public utility
suppliers;
(xv) the Minnesota Building
and Construction Trades Council; and
(xvi) local units of
government.
(b) The commissioner or
the commissioner's designee representing the department's Construction Codes
and Licensing Division shall serve as chair of the advisory council. For
members who are not state officials or employees, terms, compensation,
and removal, and the filling of vacancies of members of the
advisory council are governed by section 15.059. The council shall
select one of its members to serve as chair. The terms of the members of
the advisory council shall be four years. The terms of eight of the appointed
members shall be coterminous with the governor and the terms of the remaining
nine appointed members shall end on the first Monday in January one year after
the terms of the other appointed members expire. An appointed member may be
reappointed. Each council member shall appoint an alternate to serve in their
absence. The committee is not subject to the expiration provision of section
15.059, subdivision 5.
(c) The council expires June
30, 2003.
Subd. 2. Duties of council. The council shall
review laws, codes, rules, standards, and licensing requirements relating to
building construction and may:
(1) recommend ways to
eliminate inconsistencies, to streamline construction regulation and construction
processes procedures, and to improve procedures within and among
jurisdictions;
(2) review and comment on
current and proposed laws and rules to promote coordination and consistency;
(3) advise agencies on
possible changes in rules to make them easier to understand and apply; and
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(4) promote the
coordination, within each jurisdiction, of the administration and enforcement
of construction codes.
The council shall meet a minimum
of four times each year. The council shall report its findings and recommendations to the
commissioner of administration and the head of any other affected agency by
the end of each calendar year. The council may shall
recommend changes in laws or rules governing building construction. The council
may shall establish subcommittees to facilitate its work. If the
council establishes subcommittees, it shall include in their memberships
representation from entities and organizations expressing an interest in
membership. The commissioner of administration shall maintain a list of
interested entities and organizations.
Subd. 3. Agency cooperation. State agencies and
local governmental units shall cooperate with the council and, so far as
possible, provide information or assistance to it upon its request. The
commissioner of administration shall provide necessary staff and
administrative support to the council.
Sec. 28. Minnesota Statutes
2006, section 326.992, is amended to read:
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 administration 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
administration may charge each person giving bond under this section an
annual bond filing fee of $15. The money must be deposited in a special
revenue fund and is appropriated to the commissioner to cover the cost of
administering the bond program.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 29. Minnesota Statutes
2006, section 327.31, subdivision 2, is amended to read:
Subd. 2. Authorized representative.
"Authorized representative" means any person, firm or corporation, or
employee thereof, approved or hired by the commissioner of labor and industry
to perform inspection services.
Sec. 30. Minnesota Statutes
2006, section 327.31, subdivision 3, is amended to read:
Subd. 3. Manufactured Home Building Code.
"Manufactured Home Building Code" means, for manufactured homes
manufactured after July 1, 1972, and prior to June 15, 1976, the standards code
promulgated by the American National Standards Institute and identified as ANSI
A119.1, including all revisions thereof in effect on May 21, 1971, or the
provisions of the National Fire Protection Association and identified as NFPA
501B, and further revisions adopted by the commissioner of labor and
industry.
"Manufactured Home
Building Code" means, for manufactured homes constructed after June 14,
1976, the manufactured home construction and safety standards promulgated by
the United States Department of Housing and Urban Development which are in
effect at the time of the manufactured home's manufacture.
Sec. 31. Minnesota Statutes
2006, section 327.31, subdivision 4, is amended to read:
Subd. 4. Commissioner. "Commissioner"
means the commissioner of administration labor and industry.
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Sec. 32. Minnesota Statutes
2006, section 327.31, is amended by adding a subdivision to read:
Subd. 6a. Individual. "Individual" means a human being.
Sec. 33. Minnesota Statutes
2006, section 327.31, subdivision 7, is amended to read:
Subd. 7. Person. "Person" means a
person, partnership, corporation or other legal entity any individual,
limited liability company, corporation, partnership, incorporated or
unincorporated association, sole proprietorship, joint stock company, or any
other legal or commercial entity.
Sec. 34. Minnesota Statutes
2006, section 327.31, subdivision 15, is amended to read:
Subd. 15. Purchaser. "Purchaser" means
the first person individual purchasing a manufactured home in
good faith for purposes other than resale.
Sec. 35. Minnesota Statutes
2006, section 327.32, subdivision 8, is amended to read:
Subd. 8. Evidence of compliance. Each
manufacturer, distributor, and dealer shall establish and maintain records,
make reports, and provide information as the commissioner or the secretary may
reasonably require to be able to determine whether the manufacturer,
distributor, or dealer has acted or is acting in compliance with sections
327.31 to 327.35, and shall, upon request of a person duly designated by the
commissioner or the secretary, permit that person to inspect appropriate books,
papers, records, and documents relevant to determining whether that
manufacturer, distributor, or dealer has acted or is acting in compliance with
sections 327.31 to 327.35, and the National Manufactured Home Construction and
Safety Standards Act of 1974, United States Code, title 42, section 5401, et
seq., as amended by the National Manufactured Housing Construction and
Safety Standards Act, Title VI, Manufactured Housing Improvement Act of 2000,
or other applicable federal or state law.
Sec. 36. Minnesota Statutes
2006, section 327.33, subdivision 2, is amended to read:
Subd. 2. Fees. The commissioner shall by rule
establish reasonable fees for seals, installation seals and inspections which
are sufficient to cover all costs incurred in the administration of sections
327.31 to 327.35. The commissioner shall also establish by rule a monitoring
inspection fee in an amount that will comply with the secretary's fee
distribution program. This monitoring inspection fee shall be an amount paid by
the manufacturer for each manufactured home produced in Minnesota. The
monitoring inspection fee shall be paid by the manufacturer to the secretary.
The rules of the fee distribution program require the secretary to distribute
the fees collected from all manufactured home manufacturers among states approved
and conditionally approved based on the number of new manufactured homes whose
first location after leaving the manufacturer is on the premises of a
distributor, dealer or purchaser in that state. All money collected by the
commissioner through fees prescribed by sections 327.31 to 327.36 shall be
deposited in the state government special revenue fund and is appropriated to
the commissioner for the purpose of administering and enforcing the
Manufactured Home Building Code under sections 327.31 to 327.36.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 37. Minnesota Statutes
2006, section 327.33, subdivision 6, is amended to read:
Subd. 6. Authorization as agency. The
commissioner shall apply to the secretary for approval of the commissioner as
the administrative agency for the regulation of manufactured homes under the
rules of the secretary. The commissioner may make rules for the administration
and enforcement of department responsibilities as a state administrative agency
including, but not limited to, rules for the handling of citizen's complaints.
All money received for services provided by the commissioner or the
department's authorized agents as a state
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administrative agency shall
be deposited in the general construction code fund. The
commissioner is charged with the adoption, administration, and enforcement of
the Manufactured Home Construction and Safety Standards, consistent with rules
and regulations promulgated by the United States Department of Housing and
Urban Development. The commissioner may adopt the rules, codes, and standards
necessary to enforce the standards promulgated under this section. The
commissioner is authorized to conduct hearings and presentations of views
consistent with regulations adopted by the United States Department of Housing
and Urban Development and to adopt rules in order to carry out this function.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 38. Minnesota Statutes
2006, section 327.33, subdivision 7, is amended to read:
Subd. 7. Employees. The commissioner may appoint
such employees within the Department of Administration Labor and
Industry as deemed necessary for the administration of sections 327.31 to
327.35.
Sec. 39. Minnesota Statutes
2006, section 327.34, subdivision 3, is amended to read:
Subd. 3. Removal of seals. Manufactured home
seals remain the property of the Department of Administration Labor
and Industry and may be removed by the commissioner from any manufactured
home which is in violation of the Manufactured Home Building Code.
Sec. 40. Minnesota Statutes
2006, section 327.35, subdivision 1, is amended to read:
Subdivision 1. Civil Monetary penalty. Notwithstanding
the penalty amount of section 326B.082, subdivisions 7 and 12, any person
who violates any provision of this section is liable to the state of Minnesota
for a civil monetary penalty of not to exceed $1,000 for each offense
violation. Each violation involving a separate manufactured home or
involving a separate failure or refusal to allow or perform any act required by
this section constitutes a separate offense violation, except
that the maximum civil monetary penalties for any related series
of violations occurring within one year from the date of the first violation
may not exceed $1,000,000.
Sec. 41. Minnesota Statutes
2006, section 327.35, subdivision 2, is amended to read:
Subd. 2. Willful violations. Any individual or a
director, officer, or agent of a corporation who knowingly and willfully
violates any provision of this section in a manner which threatens the health
or safety of any purchaser shall be fined not more than $3,000 or imprisoned
not more than one year, or both guilty of a gross misdemeanor.
Sec. 42. Minnesota Statutes
2006, section 327B.01, subdivision 4, is amended to read:
Subd. 4. Commissioner. "Commissioner"
means the commissioner of administration labor and industry.
Sec. 43. Minnesota Statutes
2006, section 327B.01, subdivision 5, is amended to read:
Subd. 5. Consumer customer. "Consumer
customer" means any natural person individual who, primarily
for personal, household or family purposes, buys, sells, or seeks to buy or
sell, a manufactured home from, to or through a dealer or manufacturer.
Sec. 44. Minnesota Statutes
2006, section 327B.01, subdivision 7, is amended to read:
Subd. 7. Dealer or retailer.
"Dealer" or "retailer" means any person who engages
in the business, either exclusively or in addition to any other occupation, of
selling or brokering manufactured homes, new or used, or who offers to sell,
solicit, broker or advertise the sale of manufactured homes, new or used.
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Sec. 45. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
Subd. 10a. Individual. "Individual" means a human being.
Sec. 46. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
Subd. 11a. Licensee. "Licensee" means a person who is
licensed as a dealer, limited dealer, or manufacturer by the Department of
Labor and Industry.
Sec. 47. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
Subd. 11b. Limited dealer or limited retailer. "Limited
dealer" or "limited retailer" means any person who is an owner
of a manufactured home park authorized, as principal only, to engage in the
sale, offering for sale, soliciting, or advertising the sale of used
manufactured homes located in the owned manufactured home park, who is the
title holder and engages in no more than ten sales annually.
Sec. 48. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
Subd. 14a. Manufacturing facility. "Manufacturing
facility" means the physical site where a manufacturer engages in the
business of manufacture, assembly, or production of manufactured homes.
Sec. 49. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
Subd. 16a. Owner. "Owner" means any person holding title
to a manufactured home park or manufactured homes.
Sec. 50. Minnesota Statutes
2006, section 327B.01, subdivision 17, is amended to read:
Subd. 17. Person. "Person" means any
individual, limited liability company, corporation, firm, partnership,
incorporated and unincorporated association, sole proprietorship, joint
stock company, or any other legal or commercial entity.
Sec. 51. Minnesota Statutes
2006, section 327B.04, subdivision 1, is amended to read:
Subdivision 1. License and, bond, and
liability insurance required. No person shall act as a dealer in
manufactured homes, new or used, without a license and, a surety
bond, and liability insurance as provided in this section. No person
shall manufacture manufactured homes without a license and for each
manufacturing facility shipping into or located within Minnesota's boundaries, a
surety bond, and liability insurance as provided in this section. The
licensing and bonding requirements of this section do not apply to any bank,
savings bank, savings association, or credit union, chartered by either this
state or the federal government, which acts as a dealer only by repossessing
manufactured homes and then offering the homes for resale.
Sec. 52. Minnesota Statutes
2006, section 327B.04, subdivision 4, is amended to read:
Subd. 4. License prerequisites. No application
shall be granted nor license issued until the applicant proves to the
commissioner that:
(a)
the applicant has a permanent, established place of business at each licensed
location. An "established place of business" means a permanent
enclosed building other than a residence, or a commercial office space, either
owned by the applicant or leased by the applicant for a term of at least one
year, located in an area where zoning regulations allow commercial activity,
and where the books, records and files necessary to conduct the business are
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kept
and maintained. The owner of a licensed manufactured home park who resides in
or adjacent to the park may use the residence as the established place of
business required by this subdivision, unless prohibited by local zoning
ordinance.
If a
license is granted, the licensee may use unimproved lots and premises for sale,
storage, and display of manufactured homes, if the licensee first notifies the
commissioner in writing;
(b) if
the applicant desires to sell, solicit or advertise the sale of new
manufactured homes, it has a bona fide contract or franchise in effect with a
manufacturer or distributor of the new manufactured home it proposes to deal
in;
(c)
the applicant has secured: (1) a surety bond in the amount of $20,000 for
the agency and each subagency location that bears the applicant's name and the
name under which the applicant will be licensed and do business in this state.
Each bond is for the protection of consumer customers, and must be executed
by the applicant as principal and issued by a surety company admitted to do
business in this state. The Each bond shall be exclusively for
the purpose of reimbursing consumer customers and shall be conditioned upon the
faithful compliance by the applicant with all of the laws and rules of this
state pertaining to the applicant's business as a dealer or manufacturer,
including sections 325D.44, 325F.67 and 325F.69, and upon the applicant's
faithful performance of all its legal obligations to consumer customers; and
(2) a certificate of liability insurance in the amount of $1,000,000 that
provides coverage for the agency and each subagency location;
(d)
the applicant has established a trust account as required by section 327B.08,
subdivision 3, unless the applicant states in writing its intention to limit
its business to selling, offering for sale, soliciting or advertising the sale
of new manufactured homes; and
(e)
the applicant has provided evidence of having had at least two years' prior
experience in the sale of manufactured homes, working for a licensed dealer.
Sec.
53. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to
read:
Subd.
6. Certificate of license. For each
license granted the commissioner shall issue a certificate which includes the
name of the licensee, the name of the surety company and the amount of the
surety bond, and the insurance underwriter and policy number, the names
and addresses of any related principal or subagencies, and a license number.
Sec.
54. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to
read:
Subd.
7. Fees; licenses; when granted.
Each application for a license or license renewal must be accompanied by a fee
in an amount established by the commissioner by rule pursuant to section
327B.10. The fees shall be set in an amount which over the fiscal biennium will
produce revenues approximately equal to the expenses which the commissioner
expects to incur during that fiscal biennium while administering and enforcing
sections 327B.01 to 327B.12. All money collected by the commissioner through
fees prescribed in sections 327B.01 to 327B.12 shall be deposited in the state
government special revenue fund and is appropriated to the commissioner for
purposes of administering and enforcing the provisions of this chapter. The
commissioner shall grant or deny a license application or a renewal application
within 60 days of its filing. If the license is granted, the commissioner shall
license the applicant as a dealer or manufacturer for the remainder of the
calendar year. Upon application by the licensee, the commissioner shall renew
the license for a two year period, if:
(a)
the renewal application satisfies the requirements of subdivisions 3 and 4;
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(b)
the renewal applicant has made all listings, registrations, notices and reports
required by the commissioner during the preceding year; and
(c)
the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
327B.12 and all taxes, arrearages, and penalties owed to the state.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
55. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to
read:
Subd.
8. Limited dealer's license. The
commissioner shall issue a limited dealer's license to an owner of a
manufactured home park authorizing the licensee as principal only to engage in
the sale, offering for sale, soliciting, or advertising the sale of used
manufactured homes located in the owned manufactured home park. The licensee
must be the title holder of the homes and may engage in no more than ten sales
annually. An owner may, upon payment of the applicable fee and compliance with
this subdivision, obtain a separate license for each owned manufactured home
park and is entitled to sell up to ten homes per license provided that only one
limited dealer license may be issued for each park. The license shall be issued
after:
(1)
receipt of an application on forms provided by the commissioner containing the
following information:
(i)
the identity of the applicant;
(ii)
the name under which the applicant will be licensed and do business in this
state;
(iii)
the name and address of the owned manufactured home park, including a copy of
the park license, serving as the basis for the issuance of the license; and
(iv)
the name, home, and business address of the applicant;
(v)
the name, address, and telephone number of one individual that is designated by
the applicant to receive all communications and cooperate with all inspections
and investigations of the commissioner pertaining to the sale of manufactured
homes in the manufactured home park owned by the applicant;
(vi)
whether the applicant or its designated individual has been convicted of a
crime within the previous ten years that is either related directly to the
business for which the license is sought or involved fraud, misrepresentation
or misuse of funds, or has suffered a judgment in a civil action involving
fraud, misrepresentation, or conversion within the previous five years or has
had any government license or permit suspended or revoked as a result of an
action brought by a federal or state governmental agency in this or any other
state within the last five years; and
(vii)
the applicant's qualifications and business history, including whether the
applicant or its designated individual has ever been adjudged bankrupt or
insolvent, or has any unsatisfied court judgments outstanding against it or
them;
(2)
payment of a $100 annual fee; and
(3)
provision of a surety bond in the amount of $5,000. A separate surety bond must
be provided for each limited license.
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The
applicant need not comply with section 327B.04, subdivision 4, paragraph (e).
The holding of a limited dealer's license does not satisfy the requirement
contained in section 327B.04, subdivision 4, paragraph (e), for the licensee or
salespersons with respect to obtaining a dealer license. The commissioner may,
upon application for a renewal of a license, require only a verification that
copies of sales documents have been retained and payment of a $100 renewal fee.
"Sales documents" mean only the safety feature disclosure form
defined in section 327C.07, subdivision 3a, title of the home, financing
agreements, and purchase agreements.
The
license holder shall, upon request of the commissioner, make available for
inspection during business hours sales documents required to be retained under
this subdivision.
Sec.
56. Minnesota Statutes 2006, section 327B.04, is amended by adding a
subdivision to read:
Subd.
8a. Service. Service of a
document on a limited dealer licensed under this section may be effected by
mail to or by personal service on: (1) the licensee at the licensee's last
known address; or (2) the individual designated by the licensee at that
individual's last known address.
Sec.
57. [327B.042] NOTICE TO
COMMISSIONER.
Subdivision
1. Notification. A person
licensed as a dealer, limited dealer, or manufacturer shall notify the
commissioner of the occurrence of any of the events in subdivisions 2 to 5.
Subd.
2. Change in application information.
A licensee shall notify the commissioner in writing within ten days of the
change of any change in information contained in the most recent license
application on file with the commissioner, which shall include any change in
the information pertaining to the individual designated under section 327B.04,
subdivision 8, clause (1), item (vi).
Subd.
3. Civil judgment. A licensee
shall notify the commissioner in writing within ten days of any decision of a
court regarding a proceeding in which the licensee was named as a defendant,
and in which fraud, misrepresentation, or the conversion of funds was found to
have been committed by the licensee.
Subd.
4. Disciplinary action in another state.
A licensee shall notify the commissioner in writing within ten days of the
condition, reprimand, censure, limitation, suspension, or revocation of any
other professional or occupational license, registration, permit, or
certificate held by the licensee in this or any other state, or any other
United States jurisdiction.
Subd.
5. Criminal offense. A licensee
shall notify the commissioner in writing within ten days if the licensee is
found guilty of a felony, gross misdemeanor, misdemeanor, or any comparable
offense related to manufactured home sales, improper business practices, fraud,
misrepresentation, misuse of funds, or violation of the consumer laws in this
or any other state, or any other United States jurisdiction.
Sec.
58. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to
read:
Subdivision
1. Grounds. In addition to the
grounds in section 326B.082, subdivision 11, the commissioner may by order
deny, suspend, limit, place conditions on, or revoke any the
application or license on finding (1) that the order is in the public
interest and (2) that the of any applicant or licensee or any of its
directors, officers, limited or general partners, controlling shareholders,
or affiliates for any of the following grounds:
(a)
has filed an application for a license or a license renewal which fails to
disclose any material information or contains any statement which is false or
misleading with respect to any material fact;
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(b) (a) has violated any of the
provisions of sections 327B.01 to 327B.12 or any rule or order issued by the
commissioner or any prior law providing for the licensing of manufactured home
dealers or manufacturers;
(c) (b) has had a previous
manufacturer or dealer license revoked in this or any other state;
(d) (c) has engaged in acts or
omissions which have been adjudicated or amount to a violation of any of the
provisions of section 325D.44, 325F.67 or 325F.69;
(e) (d) has sold or brokered the
sale of a home containing a material violation of sections 327.31 to 327.35
about which the dealer knew or which should have been obvious to a reasonably
prudent dealer;
(f) (e) has failed to make or
provide all listings, notices and reports required by the commissioner;
(g) (f) has failed to pay a civil
penalty assessed under subdivision 5 within ten days after the assessment
becomes final;
(h) (g) has failed to pay to the
commissioner or other responsible government agency all taxes, fees and
arrearages due;
(i) (h) has failed to duly apply
for license renewal;
(j) (i) has violated any applicable
manufactured home building or safety code;
(k) (j) has failed or refused to
honor any express or implied warranty as provided in section 327B.03;
(l) (k) has failed to continuously
occupy a permanent, established place of business licensed under section
327B.04;
(m) (l) has, without first
notifying the commissioner, sold a new and unused manufactured home other than
the make of manufactured home described in a franchise or contract filed with
the application for license or license renewal;
(n) (m) has wrongfully failed to
deliver a certificate of title to a person entitled to it;
(o) (n) is insolvent or bankrupt;
(p) (o) holds an impaired or
canceled bond;
(q) (p) has failed to notify the
commissioner of bankruptcy proceedings within ten days after a petition in
bankruptcy has been filed by or against the dealer or manufacturer;
(r) (q) has, within the previous
ten years, been convicted of a crime that either related directly to the
business of the dealer or manufacturer or involved fraud, misrepresentation or
misuse of funds;
(s) (r) has suffered a judgment
within the previous five years in a civil action involving fraud,
misrepresentation or misuse of funds; or
(t) (s) has failed to reasonably
supervise any employee or agent of the dealer or manufacturer, resulting in
injury or harm to the public.
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The
commissioner may establish rules pursuant to section 327B.10 further
specifying, defining or establishing standards of conduct for manufactured home
dealers and manufacturers.
Sec.
59. Minnesota Statutes 2006, section 327B.10, is amended to read:
327B.10 RULEMAKING AUTHORITY.
The
commissioner may promulgate rules and issue orders reasonably necessary to
implement and administer the provisions of sections 327B.01 to 327B.12. The
commissioner shall adopt rules establishing and approving education programs
for manufactured home installers. Each manufactured home installer must
satisfactorily complete the continuing education requirements established by
the commissioner in rule.
Sec.
60. INCORPORATING ADAPTABILITY DESIGN
ELEMENTS; REPORT.
The
commissioner of labor and industry shall explore the possibility of
incorporating the adaptability design elements in the State Building Code for
the following International Residential Codes (IRC) and International Building
Codes (IBC):
(1)
IRC-1;
(2)
IRC-2;
(3)
IRC-3;
(4)
IBC R-2; and
(5)
IBC R-3.
The
commissioner shall report back to the legislative committees having
jurisdiction over these issues by January 15, 2008.
Sec.
61. REVISOR'S INSTRUCTION.
The
revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make
necessary cross-reference changes consistent with the renumbering.
Column
A Column
B
16B.59 326B.101
16B.60,
subd. 1 326B.103,
subd. 1
16B.60,
subd. 2 326B.103,
subd. 4
16B.60,
subd. 3 326B.103,
subd. 9
16B.60,
subd. 4 326B.103,
subd. 5
16B.60,
subd. 5 326B.103,
subd. 3
16B.60,
subd. 6 326B.103,
subd. 11
16B.60,
subd. 7 326B.103,
subd. 10
16B.60,
subd. 8 326B.103,
subd. 12
16B.60,
subd. 9 326B.103,
subd. 8
16B.60,
subd. 10 326B.103,
subd. 7
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16B.60,
subd. 11 326B.103,
subd. 13
16B.60,
subd. 12 326B.103,
subd. 6
16B.60,
subd. 13 326B.103,
subd. 2
16B.61 326B.106
16B.615 326B.109
16B.616 326B.112
16B.617 326B.115
16B.6175 326B.118
16B.62 326B.121
16B.625 326B.124
16B.63 326B.127
16B.64 326B.13
16B.65 326B.133
16B.66 326B.136
16B.67 326B.139
16B.68 326B.142
16B.685 326B.145
16B.70 326B.148
16B.71 326B.151
16B.72 326B.154
16B.73 326B.157
16B.735 326B.16
16B.74 326B.163
16B.741 326B.166
16B.742 326B.169
16B.743 326B.172
16B.744 326B.175
16B.745 326B.178
16B.746 326B.181
16B.747 326B.184
16B.748 326B.187
16B.749 326B.191
16B.75 326B.194
16B.76 326B.07
326.992 326B.197
ARTICLE 5
ELECTRICAL
Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is
amended to read:
Subd. 2. Class A master
electrician. The term "Class A master electrician" means a
person 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 light, heat, power, and other purposes
perform and supervise any electrical work, and who is licensed as such
a Class A master electrician by the Board of Electricity
commissioner.
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Sec. 2. Minnesota Statutes
2006, section 326.01, subdivision 3, is amended to read:
Subd. 3. Class A journeyman electrician. The
term "Class A journeyman electrician" means a person 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
light, heat, power, and other purposes perform and supervise any
electrical work except for planning or laying out of electrical work, and
who is licensed as such a Class A journeyman electrician by the Board
of Electricity commissioner.
Sec. 3. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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.
Sec. 4. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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.
Sec. 5. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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.
Sec. 6. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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.
Sec. 7. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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.
Sec. 8. Minnesota Statutes
2006, section 326.01, subdivision 5, is amended to read:
Subd. 5. Contractor. The term
"Contractor" means a person, partnership, or corporation operating
a business that undertakes who performs or offers to undertake to
plan for, lay out, or install or to make additions, alterations, or repairs in
the installation of electrical wiring, apparatus, or equipment for light, heat,
power, and other purposes perform any electrical work, with or
without compensation, who is licensed as such a contractor
by the Board of Electricity 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.
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Sec. 9. Minnesota Statutes
2006, section 326.01, subdivision 6, is amended to read:
Subd. 6. Class B master electrician. The term
"Class B master electrician" means a person an individual
having the necessary qualifications, training, experience, and technical
knowledge to install, alter, repair, plan, lay out, perform and
supervise the installing, altering, and repairing of electrical wiring,
apparatus, and equipment 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 2500 2,500
inhabitants, and who is licensed as such a Class B master
electrician by the Board of Electricity commissioner.
Sec. 10. Minnesota Statutes
2006, section 326.01, subdivision 6a, is amended to read:
Subd. 6a. Class B journeyman electrician. The
term "Class B journeyman electrician" means a person 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 2500
2,500 inhabitants, and who is licensed as such a Class B
journeyman electrician by the Board of Electricity commissioner.
Sec. 11. Minnesota Statutes
2006, section 326.01, subdivision 6b, is amended to read:
Subd. 6b. Class A installer. The term
"Class A installer" means a person 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 state Board of Electricity 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
such a Class A installer by the state Board of Electricity
commissioner.
Sec. 12. Minnesota Statutes
2006, section 326.01, subdivision 6c, is amended to read:
Subd. 6c. Class B installer. The term
"Class B installer" means a person 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 state
Board of Electricity. commissioner, and who is licensed as a Class B
installer must be licensed by the Board of Electricity
commissioner.
Sec. 13. Minnesota Statutes
2006, section 326.01, subdivision 6e, is amended to read:
Subd. 6e. Owner. An owner is a natural person
an individual who physically performs electrical work on premises the person
individual owns and actually occupies as a residence or owns and will
occupy as a residence upon completion of its construction.
Sec. 14. Minnesota Statutes
2006, section 326.01, subdivision 6f, is amended to read:
Subd. 6f. Electrical work. The term
"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, alteration 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 governed
regulated by the standards referred to in section 326.243.
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Sec. 15. Minnesota Statutes 2006, section 326.01, subdivision 6g, is
amended to read:
Subd. 6g. Personal
Direct supervision. The term "personal "Direct
supervision" means that a person licensed to perform electrical work
oversees and directs the electrical work performed by an unlicensed person such
that:
(1) the licensed person actually reviews the electrical work
performed by the unlicensed person 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 person individual is physically present and immediately
available to the unlicensed person 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
(3)
(6) the
licensed person individual is able to and does determine that all
electrical work performed by the unlicensed person individual is
performed in compliance with section 326.243.
The licensed person individual is responsible for the
compliance with section 326.243 of all electrical work performed by the
unlicensed person individual.
Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is
amended to read:
Subd. 6j. Residential dwelling.
A "residential dwelling" is an individual dwelling of 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, including its garage or accessory building. A residential
dwelling includes a garage and accessory building that can only be used by the
residents of the single dwelling unit.
Sec. 17. Minnesota Statutes 2006, section 326.01, subdivision 6k, is
amended to read:
Subd. 6k. Power limited
technician. The term "Power limited technician" means a
person 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 such a power limited technician by the Board of
Electricity commissioner.
Sec. 18. Minnesota Statutes 2006, section 326.01, subdivision 6l, is
amended to read:
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.
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Sec. 19. [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 circuit 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.
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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.
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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.
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(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.
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(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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read:
326.242 LICENSES.
Subdivision 1. Master
electrician. Except as otherwise provided by law, no person
individual shall install, alter, repair, plan, lay out, or supervise the
installing, altering, or repairing of electrical wiring, apparatus, or
equipment for light, heat, power, or other purposes perform or supervise
electrical work unless the person individual is: (a) licensed
by the board commissioner as a master electrician; and
(b)(i) the electrical work is for a licensed contractor and the person
individual is an employee, partner, or officer of, or is the licensed
contractor, or (ii) the electrical work is performed for the person's
individual's employer on electric electrical wiring,
apparatus, equipment, or facilities that are owned or leased by the
employer which is and that are located within the limits of
property which is operated, maintained, and either owned or
leased and operated and maintained by the employer.
(1) An applicant for a Class A master electrician's
electrician license shall (a) be a graduate of a four-year electrical
course in offered by an accredited college or university; or (b)
shall have had at least one year's year of experience, acceptable
to the board commissioner, as a licensed journeyman; or (c) shall
have had at least five years' experience, acceptable to the board
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's
electrician licenses shall be issued. An individual who has a Class B
master electrician's 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 person individual
shall install, alter, repair, or supervise the installing, altering, or
repairing of electrical wiring, apparatus, or equipment for light, heat, power,
or other purposes perform and supervise any electrical work except for
planning or laying out of electrical work unless:
(1) the person individual is licensed by the board
commissioner as a journeyman electrician; and
(2) the electrical work is:
(i) for a contractor and the person individual is an
employee, partner, or officer of the licensed contractor; or
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(ii) performed under the
supervision of a master electrician also employed by the person's
individual's employer on electrical wiring, apparatus, equipment, or
facilities that are owned or leased by the employer and that is
are located within the limits of property operated, maintained, and
either owned or leased, operated, and maintained by the employer.
(b) An applicant for a Class
A journeyman electrician's electrician license shall have had at
least four years of experience, acceptable to the board commissioner,
in wiring for, installing, and repairing electrical wiring, apparatus, or
equipment, provided however, that the board commissioner may by
rule provide for the allowance of allow one year of experience
credit for the successful completion of a two-year post high school
electrical course approved by the board commissioner.
(c) As of August 1, 1985, no
new Class B journeyman electrician's electrician licenses shall
be issued. An individual who holds a Class B journeyman electrician's
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 person 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 person 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 determined approved by the board 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 acceptable to approved by the board
commissioner or shall have had at least one year's year of
experience, acceptable to approved by the board
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 person individual shall install,
alter, repair, plan, lay out, or supervise the installing, altering, or
repairing, planning, or laying out of electrical wiring, apparatus, or
equipment for technology circuits or systems unless:
(1) the person
individual is licensed by the board commissioner as a power
limited technician; and
(2) the electrical work is:
(i) for a licensed
contractor and the person individual is an employee, partner, or
officer of, or is the licensed contractor; or
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(ii) performed under the direct supervision of a master electrician
or power limited technician also employed by the person's
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, operated, and maintained by the employer.
(b) An applicant for a power limited technician's license shall (1) be
a graduate of a four-year electrical course in 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, and
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) The board may initially set experience requirements without
rulemaking, but must adopt rules before July 1, 2004.
(d)
(c) Licensees must attain eight 16 hours of continuing
education acceptable to the board every renewal period.
(e) A person who has submitted an application by June 30, 2003, to take
the alarm and communications examination administered by the board, and who has
achieved a minimal score of 70 percent on the examination by September 30,
2003, may obtain a power limited technician license without further examination
by submitting an application and a license fee of $30.
(f)
(d) A
company holding an alarm and communication license as of June 30, 2003, may
designate one person individual who may obtain a power limited
technician license without passing an examination administered by the board
commissioner by submitting an application and license fee of $30.
(g)
(e) A person who has submitted an application by September 30, 2005
December 30, 2007, to take the power limited technician examination
administered by the board department is not required to meet the
qualifications set forth in paragraph (b).
Subd. 4. Special electrician.
Notwithstanding the provisions of subdivisions 1, 2, 6, and 7, the board may
by rule provide for the issuance of special electrician licenses empowering the
licensee to engage in a limited class or classes of electrical work, which
class or classes shall be specified on the license certificate. Each licensee
shall have had at least two years of experience, acceptable to the board, in
each such limited class of work for which the licensee is licensed.
Subd. 5. Unlicensed persons
individuals. (a) An unlicensed person 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 personal direct supervision of a person
an individual actually licensed to perform such work and. The
licensed electrician individual and unlicensed persons are
individual must be employed by the same employer. Licensed persons
individuals shall not permit unlicensed persons individuals
to perform electrical work except under the personal direct
supervision of a person an individual actually licensed to
perform such work. Unlicensed persons individuals shall not
supervise the performance of electrical work or make assignments of electrical
work to unlicensed persons individuals. Except for technology
circuit or system work, licensed persons individuals shall
supervise no more than two unlicensed persons individuals. For
technology circuit or system work, licensed persons individuals
shall supervise no more than three unlicensed persons individuals.
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(b) Notwithstanding any
other provision of this section, no person 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 persons performing individuals to perform electrical
work shall maintain records establishing compliance with this subdivision,
which that shall designate identify all unlicensed persons
individuals performing electrical work, except for persons
individuals working on circuits or systems exempted from personal licensing
by subdivision 12, paragraph (b), and shall permit the board
department to examine and copy all such records as provided for in
section 326.244, subdivision 6.
(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 person individual other than an
employee, partner, or officer of a licensed contractor, as defined by section 326.01
326B.31, subdivision 5 12, shall undertake perform
or offer to undertake to plan for, lay out, supervise or install or to make
additions, alterations, or repairs in the installation of electrical wiring,
apparatus, and equipment for light, heat, power, and other purposes
perform electrical work with or without compensation unless the person
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 electrical license.
Subd. 6a. Bond required. As a condition of
licensing, each contractor shall give and maintain bond to the state in the
penal sum of $5,000 $25,000 conditioned upon the faithful
and lawful performance of all work entered upon 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 board
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 $25,000
$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 board
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 board commissioner of such cancellation.
Subd. 6c. Employment of master electrician or power
limited technician. (a) No contractor shall engage in business of
electrical contracting unless the contractor employs a licensed Class A master
or Class B 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 326.241
to 326.248 326B.31 to 326B.399 or any rule or order adopted or
issued under these sections. The classes of work for which the that a
licensed contractor is authorized to perform shall be limited to those
for which such Class A master electrician, Class B master electrician, or power
limited technician employed by the contractor the classes of work that
the responsible master electrician or power limited electrician is licensed
to perform.
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(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 of record, all requests for
inspection shall be signed by the responsible master electrician or power
limited technician of record. The designated responsible master
electrician or power limited technician of record shall be employed by the
individual, partnership, limited liability company, or corporation which is
applying for a contractor's license and shall not be employed in any capacity
as a licensed electrician or licensed technician by any other contractor or
employer designated in subdivision 12. 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's
contractor licenses and all renewals shall include a verified
statement that the applicant or licensee has complied with this subdivision.
Subd. 7. Examination. In
addition to the other requirements imposed herein described in
this section and except as herein otherwise provided in
subdivision 11, as a precondition to issuance of a personal license, each
applicant must pass a written or oral examination given developed and
administered by the board commissioner to insure
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 person individual. No person
individual failing an examination may retake it for six months thereafter,
but within such six months the person individual may take an
examination for a lesser grade of license. Any licensee 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 board
commissioner an application and examination fee at the time of application.
Upon approval of the application, the board 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 has been disapproved, must was not approved, shall
submit another application and examination fee.
Subd. 8. License and renewal
fees; expiration. All licenses issued hereunder shall expire in a
manner as provided by the board. (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.
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(b)
Fees, as set by the board, shall be payable for application and
examination, and for the original issuance and each subsequent
renewal of the following, are:
(1) For each personal license application and examination:
$35;
Class A Master.
Class B Master.
Class A Journeyman, Class B Journeyman, Installer, Power Limited
Technician, or Special Electrician.
(2) For original issuance of original license and each
subsequent renewal of:
Class A Master. or 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, or Special Elevator
Constructor, Lineman, or Maintenance Electrician.: $15 per year;
Electrical contractor.: $100 per year;
Technology Systems Contractor 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.
(3)
(g) An
individual or contractor who fails to renew a license before 30 days after the
expiration 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 are not
prorated. An individual or contractor that fails to renew a license by the
expiration date is unlicensed until the license is renewed.
Subd. 9. Denial, suspension, and
revocation of licenses. The board may by order deny, suspend,
revoke, or refuse to renew a license, or may censure a licensee if the board
finds (1) in its discretion that the order is in the public interest and (2)
that, based upon a preponderance of the evidence presented, the applicant or
licensee:
(a) has filed an application for a license 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;
(b) has engaged in any fraudulent, deceptive, or dishonest act or
practice;
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(c) has been convicted
within the past five years of a misdemeanor involving a violation of sections
326.241 to 326.248;
(d) has violated or failed
to comply with sections 326.241 to 326.248 or any rule or order adopted or
issued under these sections; or
(e) has, in the conduct of
the applicant's or licensee's affairs, including, but not limited to, the
performance of electrical work, been shown to be incompetent or untrustworthy.
If a licensee engages in
conduct that is proven by a preponderance of the evidence to be a basis for
discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
violation of this subdivision. The board may take action under this subdivision
or any other law authorizing action against a licensee regardless of whether
the underlying conduct was willful.
The board may adopt rules
further specifying and defining actions, conduct, and omissions that constitute
fraudulent, deceptive, dishonest, or prohibited practices, and establishing
standards of conduct for applicants and licensees.
Subd. 9a. Civil penalties. Whenever a preponderance of the evidence
presented proves that a person has violated or failed to comply with sections
326.241 to 326.248 or any rule or order adopted or issued under these sections,
the board may impose a civil penalty upon the person in an amount not to exceed
$10,000 per violation.
Subd. 9b. Orders for hearing. The complaint committee may, on
behalf of the board, issue an order requiring a licensee or an applicant for a
license to appear at a hearing on the issue of whether the license should be
revoked or suspended, the licensee censured, the application denied, or a civil
penalty imposed. The order shall be calculated to give reasonable notice of the
time and place for hearing, and shall state the reasons for the entry of the
order. All hearings shall be conducted in accordance with chapter 14. After the
hearing, the board shall enter an order making a disposition of the matter as
the facts require. If the licensee or applicant fails to appear at a hearing of
which that person has been duly notified, the person is in default and the
proceeding may be determined against that person upon consideration of the
order for hearing, the allegations of which may be deemed to be true.
Subd. 9c. Temporary suspension. (a) The complaint committee may, on
behalf of the board and in the public interest, temporarily suspend a license
pending final determination of an order for hearing. The complaint committee
shall not issue a temporary suspension order until an investigation of the
facts has been conducted pursuant to section 214.10 by the attorney general.
The complaint committee shall issue a temporary suspension order only when the
safety of life or property is threatened or to prevent the commission of
fraudulent, deceptive, or dishonest acts against the public. Service of the
temporary suspension order is effective if the order is served on the licensee
or counsel of record personally or by first class mail to the most recent
address provided to the board for the licensee or the counsel of record.
(b) If a license is
suspended pending final determination of an order for hearing, a hearing on the
merits shall be held within 45 days of the issuance of the order of temporary
suspension. The administrative law judge shall issue a report within 30 days
after closing of the contested case hearing record. The board shall issue a
final order within 30 days after receipt of that report and any exceptions.
(c) If the licensee requests
a hearing in writing within ten days of service of the order, the board shall
hold a hearing before its own members on the sole issue of whether there is a
reasonable basis to continue, modify, or vacate the temporary suspension. The
board shall hold the hearing within five working days of the licensee's request
for hearing. Evidence presented by the complaint committee or licensee shall be
in affidavit form only. The licensee or counsel of record for the licensee may
appear for oral argument. Within five working days after the hearing, the board
shall issue its order either continuing or vacating the temporary suspension.
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Subd. 9d. Cease and desist order.
(a) Whenever it appears to the complaint committee that any person has
engaged or is about to engage in any act or practice constituting a violation
of sections 326.241 to 326.248, any other law authorizing the issuance of a
cease and desist order, or any rule or order adopted or issued under these
sections, the complaint committee may, on behalf of the board, issue and cause
to be served upon the person an order requiring the person to cease and desist
from violating sections 326.241 to 326.248 or any rule or order adopted or
issued under these sections. The complaint committee shall not issue a cease
and desist order until an investigation of the facts has been conducted
pursuant to section 214.10 by the attorney general. The order shall be
calculated to give reasonable notice of the right of the person to request a
hearing and shall state the reasons for the entry of the order. If no hearing
is requested of the board within 15 days of service of the order, the order
shall become final and shall remain in effect until it is modified or vacated
by the board and shall not be reviewable by a court.
(b) A hearing shall be held not later than 30 days from the date of the
board's receipt of a written hearing request, unless otherwise agreed by the
person requesting the hearing and the complaint committee. Within 30 days of
receipt of the administrative law judge's report and any exceptions, the board
shall issue a final order modifying, vacating, or making permanent the cease
and desist order as the facts require. The final order remains in effect until
modified or vacated by the board.
Subd. 9e. Costs of proceeding.
The board may impose a fee to reimburse the board for all or part of the
cost of the proceedings resulting in disciplinary action or the imposition of
civil penalties or the issuance of a cease and desist order. Such fees 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. 9f. District court action;
injunctive relief and civil penalties. (a) Whenever it appears to
the board, or the complaint committee if authorized by the board, that any
person has engaged or is about to engage in any act or practice constituting a
violation of sections 326.241 to 326.248 or any rule or order adopted or issued
under these sections, the board, or the complaint committee if authorized by
the board, may bring an action in the name of the board in the Ramsey County
District Court or the district court of any other county in which venue is
proper.
(b) The action may be brought to enjoin the acts or practices and to
enforce compliance with sections 326.241 to 326.248, any other law authorizing
a civil or injunctive action, or any rule or order adopted or issued under
these sections and for a civil penalty not to exceed $10,000 for each separate
violation of sections 326.241 to 326.248, any other law authorizing a civil or
injunctive action, or any rule or order adopted or issued under these sections.
(c) A temporary restraining order and other temporary injunctive relief
shall be granted in the proceeding whenever it appears that any person has
engaged in or is about to engage in any act, conduct, or practice constituting
violation of sections 326.241 to 326.248, any other law authorizing a civil or
injunctive action, or any rule or order adopted or issued under these sections.
The board shall not be required to show irreparable harm.
Subd. 9g. Other remedies. The
issuance of a cease and desist order or injunctive relief under this section
does not relieve a person from criminal prosecution by any competent authority
or from disciplinary action by the board and does not prevent the board from
exercising any other authority granted to it.
Subd. 9h. Powers additional. The
powers contained in subdivisions 9 to 9g are in addition to all other powers of
the board.
Subd. 9i. Cooperation required.
A person who is the subject of an investigation, or who is questioned in
connection with an investigation, by or on behalf of the board or its complaint
committee shall cooperate fully with the investigation. Cooperation includes,
but is not limited to:
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(1) responding fully and promptly to questions raised by or on behalf
of the board or its complaint committee relating to the subject of the
investigation;
(2) providing copies of records in the person's possession related to
the matter under investigation as requested by the board, its complaint
committee, or the attorney general within the time limit set by the board, its
complaint committee, or the attorney general;
(3) assisting the board, its complaint committee, or the attorney
general in its investigation; and
(4) appearing at conferences or hearings scheduled by the board or its
complaint committee.
Subd. 9j. Disciplinary proceedings
closed. Proceedings held before the board or its complaint committee
under chapter 214 or subdivisions 9 to 9d are exempt from the requirements of
section 13D.01.
Subd. 9k. Conflicts of law. If
there is a conflict between sections 326.241 to 326.248 and chapter 214,
sections 326.241 to 326.248 shall control.
Subd. 10. Continuation of business by
estates. Upon the death of a master who is a contractor, the board
may permit the decedent's representative to carry on the business of the
decedent for a period not in excess of six months, for the purpose of
completing work under contract or otherwise to comply with sections 326.241 to
326.248. The representative shall give such bond as the board may require
conditioned upon the faithful and lawful performance of such work 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 written by a
corporate surety licensed to do business in the state of Minnesota. Such
representative shall also comply with all public liability and property damage
insurance requirements imposed by this chapter upon a licensed contractor.
Subd. 11. Reciprocity. To
the extent that any other state which provides for the licensing of
electricians provides for similar action the board may grant licenses, without
examination, of the same grade and class to an electrician who has been
licensed by such other state for at least one year, upon payment by the
applicant of the required fee and upon the board being furnished with proof
that the required fee and upon the board being furnished with proof that the
qualifications of the applicant are equal to the qualifications of holders of
similar licenses in Minnesota. 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 section 326.242;
(b) pays the fee required under section 326.242; 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.
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(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 who
is supervised by the responsible master electrician for a contractor who has
contracted with the maintenance electrician's employer to provide services for
which a contractor's license is required or by a master electrician or an
electrical engineer registered with the board and who is an employee of an
employer and is engaged in the maintenance, and repair of electrical equipment,
apparatus, and facilities owned or leased by the employer, and performed within
the limits of property which is owned or leased and operated and maintained by
said employer, shall is not be required to hold or obtain a
license under sections 326.241 to 326.248. 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 326.241 to 326.248 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;
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(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 326.241
to 326.248 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 326.241 to 326.248 326B.31 to 326B.399 when
performing heating, ventilating, air conditioning, or refrigeration work as
described in section 326.245.
(e) Employees of any electric 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 326.241 to 326.248 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 326.241 to 326.248 326B.31 to 326B.399.
EFFECTIVE DATE. This section is
effective December 1, 2007, except that the amendments to subdivision 8 are
effective July 1, 2007, and the amendments to subdivision 11 are effective
retroactively from January 1, 2007.
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Sec. 21. Minnesota Statutes
2006, section 326.243, is amended to read:
326.243 SAFETY STANDARDS.
All electrical wiring,
apparatus and equipment for electric electrical light, heat and
power, technology circuits or systems shall comply with the rules of the
department of Commerce or the Department of Labor and Industry, as
applicable, 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 recently published 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.
Sec. 22. Minnesota Statutes
2006, section 326.244, subdivision 1a, is amended to read:
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) remote control
circuits controlling class 2 or class 3 remote control circuits that
control circuits or systems other than class 2 or class 3 and indoor
lighting, 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; and
(4) physical security
systems within detention facilities.; and
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(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.
Sec. 23. Minnesota Statutes 2006, section 326.244, is amended by adding
a subdivision to read:
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.
Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 2, is
amended to read:
Subd. 2. Procedure. (a) At
or before commencement of any installation required to be inspected by the board
commissioner, the contractor, installer, special electrician, or owner
making the installation shall submit to the board commissioner a
request for inspection, in a form prescribed by the board 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 board 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 board commissioner
in an amount sufficient to pay the actual costs of the inspection and the board's
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 board
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 board
commissioner by rule may direct. An aggrieved party may appeal any
condemnation or disconnection order by filing with the board
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 board 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 board
commissioner provides. The board 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.
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Sec. 25. Minnesota Statutes 2006, section 326.244, subdivision 3, is
amended to read:
Subd. 3. Duty of electrical
utility. No electrical installation subject to inspection by the board
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 board 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 board 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 board
commissioner to have inspection of such transient project occur prior to
the date and time at which the request states energization is to occur.
Sec. 26. Minnesota Statutes 2006, section 326.244, subdivision 4, is
amended to read:
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 board
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 board commissioner under sections 326.241 to
326.248 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 board commissioner or such other evidence
of such license as may be provided by the board 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.
Sec. 27. Minnesota Statutes 2006, section 326.244, subdivision 5, is
amended to read:
Subd. 5. Exemptions from
inspections. Installations, materials, or equipment shall not be subject to
inspection under sections 326.241 to 326.248 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 326.241 to
326.248 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 electric
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
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(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 electric electrical utility;
(4) when used as outdoor
area lights which are owned and operated by an electric 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 by the Department of Administration and licensed by the Board
of Electricity 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 Electric Electrical Code Article 620, and elevator
communications and alarm systems within the machine room, car, hoistway, or
elevator lobby.
Sec. 28. Minnesota Statutes
2006, section 326.2441, is amended to read:
326.2441 INSPECTION FEE SCHEDULE.
Subdivision 1. Schedule. State electrical inspection
fees shall be paid according to calculated in accordance with
subdivisions 2 to 13 15.
Subd. 2. Fee for each separate inspection. The
minimum fee for each separate inspection of an installation, replacement,
alteration, or repair is $20. $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, $25 $35;
(2) 401 ampere to and
including 800 ampere capacity, $50 $60; and
(3) ampere capacity above
800, $75 $100.
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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, $5 $6;
and
(2) ampere capacity above 200, $10 $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. Limitations to fees
of subdivisions 3 and 4 Inspection fee for dwellings. (a) The inspection
fee for a one-family dwelling and each dwelling unit of a two-family
dwelling with a supply of up to 500 amperes where a combination of ten or
more sources of supply, feeders, or circuits are installed, added, altered,
repaired, or extended is $80. 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 additions, alterations, or
repairs to existing dwellings and includes not more than two inspections. 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 to, 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 to 12 or more dwelling units is $50 and
the fee for each additional dwelling unit is $25. $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. This limitation is subject to the following conditions:
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(1) 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;
and.
(2) this limitation applies
only to new installations for multifamily dwellings where the majority of the
individual dwelling units are available for inspection during each inspection
trip.
(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 $25
$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 $5 $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 is $1, and the fee for
each traffic signal standard is $5. Circuits originating within the standard or
traffic signal controller shall not be used when computing
calculating the fee for each standard.
(d) The fee for transformers
for light, heat, and power is $10 $15 for transformers rated up
to ten kilovolt-amperes and $20 $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 alarm,
communication, remote control, and signaling technology circuits or
systems, and circuits of less than 50 volts, is 50 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 shall be $20 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 $40 $35 plus $5 for
each electrical drive unit.
(i) The fee for retrofit
modifications to existing lighting fixtures is 25 cents per lighting fixture
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 by the board has begun without the
request for electrical inspection form being filed with the board
commissioner, a special investigation shall be made before a request for
electrical inspection form is accepted by the board.
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(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 hourly rate minimum fee specified in subdivision 10
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 board
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 board commissioner or any court, a reinspection fee of
$20 may $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 $20 may $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 shall be $30 is $80 per hour,
including travel time, plus 31 cents 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 board 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 two-hour 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 board 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 board
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 board commissioner and where the board
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 $20
$35 per unit with a supply of up to 60 amperes and $30 $40
per unit with a supply above 60 amperes.
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(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 two hours 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 board may commissioner shall retain the
inspection fee when an owner, operator, or appointed representative of a
transitory enterprise fails to notify the board 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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 29. Minnesota Statutes 2006, section 326.245, is amended to read:
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 326.241 to
326.248 326B.31 to 326B.399.
Subd. 2. Electrical appliance
units. Installation, alteration, or repair of electrical appliance units
are not covered by sections 326.241 to 326.248 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 326.241 to 326.248 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 326.241 to
326.248 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 326.241 to 326.248
326B.31 to 326B.399.
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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 326.241 to 326.248 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 electrical license issued by the board
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 electrical license issued by the board
commissioner. The installation of electrical wiring to the unit is covered
by sections 326.241 to 326.248 326B.31 to 326B.399.
Sec. 30. Minnesota Statutes 2006, section 326.248, is amended to read:
326.248 CITATION.
Sections 326.241 to 326.248 326B.31 to 326B.399 shall be
known as the Minnesota Electrical Act.
Sec. 31. [326B.31]
DEFINITIONS.
Subdivision 1. Scope. For purposes
of sections 326B.31 to 326B.399, the terms defined in this section have the
meanings given them.
Subd. 2. Class A electrical
contractor. "Class A electrical contractor" means a
licensed contractor whose responsible licensed individual is a licensed Class A
master electrician.
Subd. 7. Class B electrical
contractor. "Class B electrical contractor" means a
licensed contractor whose responsible licensed individual is a licensed Class B
master electrician.
Subd. 23. Personal license. "Personal
license" means any license issued by the commissioner under section
326B.33 or the rules adopted under section 326B.33, except a contractor's
license.
Subd. 27. Responsible licensed
individual. A contractor's "responsible licensed
individual" means the licensed Class A master electrician, Class B master
electrician, master elevator constructor, or power limited technician
designated in writing by the contractor in the contractor's license
application, or in another manner acceptable to the commissioner, as the individual
responsible for the contractor's compliance with sections 326B.31 to 326B.399
and all rules and orders adopted or issued under these sections. The terms
"licensed responsible individual" and "licensed responsible
master electrician or power limited technician" are synonymous.
Subd. 32. Technology system
contractor. "Technology system contractor" means a
licensed contractor whose responsible licensed individual is a licensed power
limited technician.
Sec. 32. REVISOR'S
INSTRUCTION.
The revisor of statutes shall renumber each section of Minnesota
Statutes listed in column A with the number listed in column B. The revisor
shall also make necessary cross-reference changes consistent with the
renumbering.
Column
A Column
B
326.01,
subd. 2 326B.31,
subd. 6
326.01,
subd. 3 326B.31,
subd. 5
326.01,
subd. 4 326B.31,
subd. 28
326.01,
subd. 5 326B.31,
subd. 12
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326.01,
subd. 6 326B.31,
subd. 10
326.01,
subd. 6a 326B.31,
subd. 9
326.01,
subd. 6b 326B.31,
subd. 4
326.01,
subd. 6c 326B.31,
subd. 8
326.01,
subd. 6e 326B.31,
subd. 22
326.01,
subd. 6f 326B.31,
subd. 15
326.01,
subd. 6g 326B.31,
subd. 14
326.01,
subd. 6i 326B.31,
subd. 13
326.01,
subd. 6j 326B.31,
subd. 26
326.01,
subd. 6k 326B.31,
subd. 24
326.01,
subd. 6l 326B.31,
subd. 31
326.01,
subd. 6m 326B.31,
subd. 25
326.2415 326B.32
326.242 326B.33
326.2421 326B.34
326.243 326B.35
326.244 326B.36
326.2441 326B.37
326.245 326B.38
326.247 326B.39
326.248 326B.399
Sec. 33. REPEALER.
Minnesota Statutes 2006,
sections 326.01, subdivision 4; 326.241; and 326.247, are repealed.
ARTICLE 6
PLUMBING
Section 1. Minnesota
Statutes 2006, section 325E.37, subdivision 6, is amended to read:
Subd. 6. Scope; limitations. (a) This section
applies to a sales representative who, during some part of the period of the
sales representative agreement:
(1) is a resident of
Minnesota or maintains that person's principal place of business in Minnesota;
or
(2) whose geographical
territory specified in the sales representative agreement includes part or all
of Minnesota.
(b) To be effective, any
demand for arbitration under subdivision 5 must be made in writing and
delivered to the principal on or before one year after the effective date of
the termination of the agreement.
(c) A provision in any
contract between a sales representative dealing in plumbing equipment or
supplies and a principal purporting to waive any provision of this act, whether
by express waiver or by a provision stipulating that the contract is subject to
the laws of another state, shall be void.
Sec. 2. Minnesota Statutes
2006, section 326.01, subdivision 7, is amended to read:
Subd. 7. Journeyman plumber. A "journeyman
plumber" is any person 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.
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Sec. 3. Minnesota Statutes
2006, section 326.01, subdivision 8, is amended to read:
Subd. 8. Master plumber. A "master
plumber" is any person an individual who is skilled in the
planning, superintending, and the practical installation of plumbing and,
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.
Sec. 4. Minnesota Statutes
2006, section 326.37, is amended to read:
326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY
STANDARDS; LICENSE EXEMPTION.
Subdivision 1. Rules. The state commissioner of
health Plumbing Board may, by rule, prescribe minimum standards
which shall be uniform, and which standards shall thereafter
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.
The commissioner shall
administer the provisions of sections 326.37 326.361 to 326.45
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
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(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;
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(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
the effective date of subdivision 1a, 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 the effective date of
subdivision 1a 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. By January
1, 1993, All new floor-mounted water closets in areas under jurisdiction of
the State plumbing code may not have a flush volume of more than 1.6
gallons. The water closets must meet the standards of the commissioner and
in the plumbing code and the standards of the American National Standards
Institute.
Subd. 3. Exemption. No license or
registration authorized by this section sections 326.361 to
326.44 shall be required of any contractor or employee individual
engaged in or employed by a person engaged in the work or business of
pipe laying outside of buildings if such person 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.
Sec. 5. [326.3705] 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
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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 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 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; 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. 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.
(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
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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 sections 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 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
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.
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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.
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(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.
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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.
EFFECTIVE DATE. This section is effective
July 1, 2007.
Sec. 6. Minnesota Statutes 2006, section 326.38, is amended to read:
326.38 LOCAL REGULATIONS.
Any city having a system of waterworks or sewerage, or any town in
which reside over 5,000 people exclusive of any statutory cities located
therein, or the metropolitan airports commission, Any of the following
entities
may, by ordinance, adopt local regulations providing for plumbing permits, bonds,
approval of plans and specifications, and inspections of plumbing, which
regulations are not in conflict with the plumbing standards on the same
subject prescribed by the state commissioner of health. 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 city or such town such entity shall
prohibit plumbers licensed by the state commissioner of health
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. Any city by ordinance may
prescribe regulations, reasonable standards, and inspections and grant permits
to any person, firm, or corporation engaged in the business of
installing water softeners, who is not licensed as a master plumber or
journeyman plumber by the state commissioner of health, 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 state commissioner of health.
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Sec. 7. Minnesota Statutes
2006, section 326.38, is amended to read:
326.38 LOCAL REGULATIONS.
Any city having a system of
waterworks or sewerage, or any town in which reside over 5,000 people exclusive
of any statutory cities located therein, or the metropolitan airports
commission, may, by ordinance, adopt local regulations providing for plumbing
permits, bonds, approval of plans, and inspections of plumbing, which
regulations are not in conflict with the plumbing standards on the same subject
prescribed by the state commissioner of health Plumbing Board. No
city or such town shall prohibit plumbers licensed by the state commissioner of
health labor and industry from engaging in or working at the
business, except cities and statutory cities which, prior to April 21, 1933, by
ordinance required the licensing of plumbers. 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, firm, or
corporation engaged in the business of installing water softeners, who is not
licensed as a master plumber or journeyman plumber by the state commissioner of
health labor and industry, 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 state commissioner of health Plumbing
Board.
Sec. 8. Minnesota Statutes
2006, section 326.39, is amended to read:
326.39 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER OF
HEALTH.
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 state commissioner of
health persistent or willful violation of the same and any incompetence of a
licensed plumber observed by the local authority.
Sec. 9. Minnesota Statutes
2006, section 326.40, is amended to read:
326.40 LICENSING, BOND AND INSURANCE.
Subdivision 1. License required Plumbers must be
licensed in certain cities; master and journeyman plumbers; plumbing on
one's own premises; rules for examination. In any city now or
hereafter having 5,000 or more population having a population of 5,000
or more, according to the last federal census, and having a system of
waterworks or sewerage, no person, firm, or corporation individual
shall engage in or work at the business of a master plumber or journeyman
plumber unless licensed to do so by the state commissioner of health.
A master plumber may also work as a journeyman plumber. Anyone Any
individual not so licensed may do plumbing work which complies with the
provisions of the minimum standard prescribed by the state commissioner of
health 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.
In any such city no person,
firm, or corporation shall engage in the business of planning,
superintending, or installing plumbing nor 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, who shall be
responsible for proper planning, superintending, and installation, is in
charge of the plumbing work of the person, firm, or corporation.
The Department of Health
Plumbing Board shall prescribe rules, not inconsistent herewith, for the
examination and licensing of plumbers.
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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. A
The bond given to the state shall be filed with the commissioner
of health and shall be in lieu of all other bonds to any political
subdivision required for plumbing work. The bond 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, may 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 state commissioner of health
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. The certificate shall be in lieu of all other certificates
required by any political subdivision for licensing purposes.
Subd. 3. Bond and insurance
exemption. If a master plumber who is an employee of a master
plumber or who is an employee engaged within the limits of property owned,
leased and operated, or maintained by the employer, in the maintenance and
repair of plumbing equipment, apparatus, or facilities owned or leased by the
employer, 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. Alternative compliance.
Compliance with the local bond requirements of a locale within which work is
to be performed shall be deemed to satisfy the bond and insurance requirements
of subdivision 2, provided the local ordinance requires at least a $25,000
bond.
Subd. 5. Fee. The state
commissioner of health may charge Each person giving bond to the state
under subdivision 2 shall pay the department an annual bond filing
registration fee commensurate with the cost of administering the bond
and insurance requirements of subdivision 2 of $40.
EFFECTIVE DATE. This section is
effective December 1, 2007, except that the amendments to subdivision 5 are
effective July 1, 2007.
Sec. 10. Minnesota Statutes 2006, section 326.40, subdivision 1, is
amended to read:
Subdivision 1. License required;
master and journeyman plumbers. In any city now or hereafter having
5,000 or more population, according to the last federal census, and having a
system of waterworks or sewerage, (a) No person, firm, or
corporation shall engage in or work at the business of a master plumber or,
restricted master plumber, journeyman plumber, and restricted journeyman
plumber unless licensed to do so by the state commissioner of health
labor and industry. A license is not required for persons 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 standard
standards prescribed by the state commissioner of health 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.
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In any such city (b) No person, firm, or corporation shall engage in the
business of installing plumbing nor 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.
The Department of Health shall prescribe rules, not inconsistent
herewith, for the examination and licensing of plumbers.
Sec. 11. Minnesota Statutes 2006, section 326.401, is amended to read:
326.401 PLUMBER'S
APPRENTICES.
Subdivision 1. Registration.
A All plumber's apprentice 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 of
health on a registration application form supplied by the commissioner showing
the date of beginning training, age, schooling, previous experience, employer,
and other information required by 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 registration as an
apprentice 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 person individual did not have
any practical plumbing experience in the 12-month period immediately prior to registration
becoming a plumber's apprentice. The commissioner may adopt rules to
evaluate whether the person's individual's past practical
plumbing experience is applicable in preparing for the journeyman's
examination. If two years after completing the training the person
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. The Department of Health may assess fees to pay
for the administration of the apprentice registration program. 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
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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.
EFFECTIVE DATE. This section is effective
July 1, 2007.
Sec. 12. Minnesota Statutes
2006, section 326.401, subdivision 2, is amended to read:
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 registration as an apprentice may be applied to the
four-year experience requirement. However, none of this practical plumbing
experience may be applied if the person did not have any practical plumbing
experience in the 12-month period immediately prior to registration. The commissioner
Plumbing Board may adopt rules to evaluate whether the person's past
practical plumbing experience is applicable in preparing for the journeyman's
examination. If two years after completing the training the person 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.
Sec. 13. [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 $90;
(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.
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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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 14. Minnesota Statutes 2006, section 326.405, is amended to read:
326.405 RECIPROCITY WITH
OTHER STATES.
The commissioner of health may license without examination, upon
payment of the required fee, nonresident applicants who are licensed under the
laws of a state having standards for licensing plumbers 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.
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 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.
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(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 subdivision.
Sec. 15. Minnesota Statutes
2006, section 326.42, subdivision 1, is amended to read:
Subdivision 1. Application. Applications for plumber's
license shall be made to the state commissioner of health labor and
industry, with fee. Unless the applicant is entitled to a renewal, the
applicant shall be licensed by the state commissioner of health labor
and industry only after passing a satisfactory examination developed and
administered by the examiners commissioner of labor and industry,
based upon rules adopted by the Plumbing Board showing fitness. Examination
fees for both journeyman and master plumbers shall be in an amount prescribed
by the state commissioner of health labor and industry pursuant
to section 144.122. Upon being notified that of having successfully passed the
examination for original license the applicant shall submit an application,
with the license fee herein provided. License fees shall be in an amount
prescribed by the state commissioner of health labor and industry
pursuant to section 144.122. Licenses shall expire and be renewed as prescribed
by the commissioner pursuant to section 144.122.
Sec. 16. Minnesota Statutes
2006, section 326.42, is amended to read:
326.42 APPLICATIONS, FEES.
Subdivision 1. Application. Applications for plumber's
license shall be made to the state commissioner of health, with
fee. Unless the applicant is entitled to a renewal, the applicant shall be
licensed by the state commissioner of health only after passing a
satisfactory examination by the examiners showing fitness. Examination fees for
both journeyman and master plumbers shall be in an amount prescribed by the
state commissioner of health pursuant to section 144.122 $50 for each
examination. Upon being notified that of having successfully passed
the examination for original license the applicant shall submit an application,
with the license fee herein provided. License fees shall be in an amount
prescribed by the state commissioner of health pursuant to section 144.122. Licenses
shall expire and be renewed as prescribed by the commissioner pursuant to
section 144.122. 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;
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(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
EFFECTIVE DATE. This section is
effective July 1, 2007.
Journal of the House - 67th
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Sec.
17. [326B.41] PURPOSE.
The
purpose of sections 326B.41 to 326B.49 is to promote the public health and
safety through properly designed, acceptably installed, and adequately
maintained plumbing systems.
Sec.
18. [326B.42] DEFINITIONS.
Subdivision
1. Words, terms, and phrases. For
purposes of sections 326B.41 to 326B.49, the terms defined in this section have
the meanings given to them.
Subd.
2. Direct supervision. The term
"direct supervision," with respect to direct supervision of a
plumber's apprentice by a master, restricted master, journeyman, or restricted
journeyman plumber, means that:
(1)
at all times while the plumber's apprentice is performing plumbing work, the
supervising plumber is present at the location where the plumber's apprentice
is working;
(2)
the supervising plumber is physically present and immediately available to the
plumber's apprentice at all times for assistance and direction;
(3)
any form of electronic supervision does not meet the requirement of physically
present;
(4)
the supervising plumber actually reviews the plumbing work performed by the
plumber's apprentice before the plumbing is operated; and
(5)
the supervising plumber is able to and does determine that all plumbing work
performed by the plumber's apprentice is performed in compliance with the
plumbing code.
Subd.
3. Municipality. The term
"municipality" shall have the meaning given to it in section 16B.60,
subdivision 3.
Subd.
4. Plumbing code. "Plumbing
code" means Minnesota Rules, chapter 4715.
Sec.
19. REVISOR'S INSTRUCTION.
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in column B. The
revisor shall also make necessary cross-referenced changes consistent with the
renumbering.
Column
A Column
B
326.01,
subd. 7 326B.42,
subd. 3
326.01,
subd. 8 326B.42,
subd. 4
326.01,
subd. 9 326B.42,
subd. 7
326.37 326B.43
326.38 326B.44
326.39 326B.45
326.40 326B.46
326.401 326B.47
326.405 326B.48
326.42 326B.49
Journal of the House - 67th
Day - Friday, May 11, 2007 - Top of Page 6386
Sec.
20. REPEALER.
Minnesota
Statutes 2006, section 326.01, subdivision 9, is repealed.
ARTICLE
7
WATER
CONDITIONING CONTRACTORS AND INSTALLERS
Section
1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
Subdivision
1. Rulemaking by commissioner of health.
The state commissioner of health 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. Such rules, upon
approval of the attorney general and their legal publication, shall have the
force of law, and the violation of any part thereof shall constitute a
misdemeanor and may be enjoined by the attorney general.
Sec.
2. Minnesota Statutes 2006, section 326.58, is amended to read:
326.58 LOCAL REGULATIONS.
Any
city or town with a population of 5,000 or more persons 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 state commissioner of health.
No such city or town shall prohibit water conditioning contractors or
installers licensed by the state commissioner of health from
engaging in or working at the business.
Sec.
3. Minnesota Statutes 2006, section 326.59, is amended to read:
326.59 VIOLATIONS TO BE
REPORTED TO STATE COMMISSIONER OF HEALTH.
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 state commissioner of health 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.
Sec.
4. Minnesota Statutes 2006, section 326.60, is amended to read:
326.60 LICENSING IN CERTAIN
CITIES; QUALIFICATIONS; RULES.
Subdivision
1. Licensing in certain cities. In
any city or town now or hereafter having a population of 5,000 or more
according to the last federal census, no person, firm, or corporation
shall engage in or work at the business of water conditioning installation or
servicing after January 1, 1970, unless (a) (1) at all times a
person an individual licensed as a water conditioning contractor by
the state commissioner of health shall be responsible for the
proper water conditioning installation and servicing work of such person,
firm, or corporation, and (b) (2) all installations, other
than exchanges of portable equipment, are actually made performed
by a licensed water conditioning contractor or licensed water conditioning
installer. Anyone Any individual not so licensed may do
perform water conditioning work which that complies with the
provisions of the minimum standard prescribed by the state
commissioner of health on premises or that part of premises owned and actually
occupied by the worker as a residence, unless otherwise forbidden to do so
prohibited by a local ordinance.
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Subd. 2. Qualifications for licensing. A water
conditioning contractor license shall be issued only to a person an
individual who has demonstrated skill in planning, superintending, and
servicing water conditioning installations. A water conditioning installer
license shall only be issued to a person an individual other than
a water conditioning contractor who has demonstrated practical knowledge of
water conditioning installation.
Subd. 3. Rules. The state commissioner of
health shall:
(a) (1) prescribe rules, not
inconsistent herewith, for the licensing of water conditioning contractors and
installers;
(b) (2) license water conditioning
contractors and installers;
(c) (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
(d) (4) collect an examination fee
from each examinee for a license as a water conditioning contractor and a
an examination fee from each examinee for a license as a water conditioning
installer in an amount prescribed by the state commissioner of health
pursuant to set forth in section 144.122 326.62. A
water conditioning installer must successfully pass the examination for water
conditioning contractors before being licensed as a water conditioning
contractor.
Sec. 5. Minnesota Statutes
2006, section 326.601, is amended to read:
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 penal 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 of health and shall be written by a corporate
surety licensed to do business in this state. No applicant for a water
conditioning contractor or installer license who maintains the bond under this
subdivision shall be otherwise required to meet the bond requirements of any
political subdivision. 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 may,
in lieu of all other insurance requirements of any political subdivision for
said licensing purposes, maintain the insurance specified by this subdivision.
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 each
licensed water conditioning contractor or installer
Journal of the House - 67th
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shall
maintain on file with the commissioner of health 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 of
health may establish by rule an additional fee commensurate with the cost of
administering the bond and insurance requirements of subdivisions 1 and 2,
which may be charged 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.
EFFECTIVE DATE. This section is
effective December 1, 2007, except that the amendments to subdivision 4 are
effective July 1, 2007.
Sec.
6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
Subdivision
1. Water conditioning installation.
"Water conditioning installation" as used in sections 326.57 to
326.65 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.
Sec.
7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
Subd.
2. Water conditioning servicing.
"Water conditioning servicing" as used in sections 326.57 to
326.65 means the servicing (including servicing prior to installation) of a
water conditioning installation.
Sec.
8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
Subd.
3. Rules. In order to provide
effective protection of the public health, the state commissioner of
health 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. Such
rules, upon approval of the attorney general and their legal publication, shall
have the force of law, and the violation of any part thereof shall constitute a
misdemeanor. 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 326.37 326.361 to 326.45
326.44.
Sec.
9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
Subd.
4. Single family residential unit.
"Single family residential unit" as used in sections 326.57 to
326.65 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.
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Sec. 10. Minnesota Statutes
2006, section 326.62, is amended to read:
326.62 APPLICATIONS; FEES.
Applications for water
conditioning contractor's or installer's licenses shall be made to the state
commissioner of health with the fee prescribed by the commissioner pursuant to
section 144.122. Licenses shall expire and be renewed as prescribed by the
commissioner pursuant to section 144.122. 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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 11. Minnesota Statutes
2006, section 326.65, is amended to read:
326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
The provisions of sections
326.57 to 326.65 which that require the obtaining of
licenses to engage in the work or business of water conditioning installation,
and the provisions which 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 326.37 326.361 to 326.45
326.44.
Sec. 12. [326B.50] DEFINITIONS.
Subdivision 1. Words, terms, and phrases. For the purposes of sections
326B.50 to 326B.59, the terms defined in this section have the meanings given
them.
Sec. 13. REVISOR'S INSTRUCTION.
The revisor of statutes
shall renumber each section of Minnesota Statutes listed in column A with the
number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
Column
A Column
B
326.57 326B.52
326.58 326B.53
326.59 326B.54
326.60 326B.55
326.601 326B.56
326.61,
subd. 1 326B.50,
subd. 3
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326.61,
subd. 2 326B.50,
subd. 4
326.61,
subd. 3 326B.57
326.61,
subd. 4 326B.50,
subd. 2
326.62 326B.58
326.65 326B.59
ARTICLE
8
RESIDENTIAL
BUILDING CONTRACTOR AND REMODELER STATUTES
Section
1. Minnesota Statutes 2006, section 325E.58, is amended to read:
325E.58 SIGN CONTRACTOR;
BOND.
(a)
A sign contractor may post a compliance bond with the commissioner, conditioned
that the sign contractor shall faithfully perform duties and comply with laws,
ordinances, rules, and contracts entered into for the installation of signs.
The bond must be renewed annually and maintained for so long as determined by
the commissioner. 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 annual 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 United States mail.
(b)
The amount of the bond shall be $8,000. The bond may be drawn upon only by a
local unit of government that requires sign installers contractors
to post a compliance bond. The bond is in lieu of any compliance bond required
by a local unit of government.
(c)
For purposes of this section, "sign" means a device, structure, fixture,
or placard using graphics, symbols, or written copy that is erected on the
premises of an establishment including the name of the establishment or
identifying the merchandise, services, activities, or entertainment available
on the premises.
Sec.
2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
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.
Sec.
3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
Subd.
7. Licensee. "Licensee"
means a residential building contractor, residential remodeler, manufactured
home installer, or residential roofer licensed under sections 326.83 to 326.991
326.98.
Sec.
4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
Subd.
11. Owner. Except in section
326.91, subdivision 1, "owner" means a person who has any legal or
equitable interest in real property. For purposes of sections 326.83 to
326.991, "owner" does not include a residential building contractor
or residential remodeler who constructs or improves its own property for
purposes of speculation. A residential building contractor or residential
remodeler will be presumed to be building or improving for purposes of
speculation if it constructs or improves more than one property within any
24-month period. "Owner," when used in connection with real
property, means a person who has any legal or equitable interest in the real
property.
Journal of the House - 67th
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Sec.
5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
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.
Sec.
6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
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.
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(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;