1.1    .................... moves to amend H. F. No. 1208 as follows:
1.2Delete everything after the enacting clause and insert:

1.3"ARTICLE 1
1.4REVISOR'S INSTRUCTION

1.5    Section 1. REVISOR'S INSTRUCTION.
1.6    (a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall
1.7change the terms "board" and "Board of Electricity" to "commissioner."
1.8    (b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall
1.9change the terms "commissioner" and "commissioner of health" to the term "commissioner
1.10of labor and industry"; and shall change the terms "department" and "Department of
1.11Health" to "Department of Labor and Industry."
1.12    (c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315,
1.131346, 1350, 1360, and 7672, the revisor of statutes shall:
1.14    (1) change the term "commissioner of administration" to "commissioner of labor
1.15and industry";
1.16    (2) change the term "Department of Administration" to "Department of Labor and
1.17Industry";
1.18    (3) change the term "Department of Administration's Building Codes and Standards
1.19Division" to "Department of Labor and Industry"; and
1.20    (4) change the term "director of the Building Codes and Standards Division of the
1.21Department of Administration" to "individual appointed by the commissioner of labor and
1.22industry to administer the code."
1.23EFFECTIVE DATE.This section is effective the day following final enactment.

1.24ARTICLE 2
1.25CONSTRUCTION CODES AND LICENSING

2.1    Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to
2.2read:
2.3    Subdivision 1. State Fire Code rulemaking authority. The commissioner of
2.4public safety through the Division of Fire Marshal may promulgate labor and industry,
2.5consistent with the recommendations of the state fire marshal, shall adopt a State Fire
2.6Code and make amendments thereto in accordance with the Administrative Procedure Act
2.7in chapter 14. The code and its amendments shall conform insofar as practicable to model
2.8fire codes generally accepted and in use throughout the United States, with consideration
2.9given to existing statewide specialty codes presently in use in the state of Minnesota.
2.10Statewide specialty codes and model codes with necessary modifications may be adopted
2.11by reference in accordance with section 14.07, subdivision 4.
2.12EFFECTIVE DATE.This section is effective the day following final enactment.

2.13    Sec. 2. [326B.01] DEFINITIONS.
2.14    Subdivision 1. Scope. The definitions in this section apply to chapter 326B.
2.15    Subd. 2. ASME. "ASME" means the American Society of Mechanical Engineers.
2.16    Subd. 3. Commissioner. "Commissioner" means the commissioner of labor
2.17and industry or a duly designated representative of the commissioner who is either an
2.18employee of the Department of Labor and Industry or a person working under contract
2.19with the department.
2.20    Subd. 4. Department. "Department" means the Department of Labor and Industry.
2.21    Subd. 5. Day. "Day" means calendar day unless otherwise provided.
2.22    Subd. 6. Individual. "Individual" means a human being.
2.23    Subd. 7. Person. "Person" means any individual, limited liability company,
2.24corporation, partnership, incorporated or unincorporated association, sole proprietorship,
2.25joint stock company, or any other legal or commercial entity.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.

2.27    Sec. 3. [326B.02] POWERS.
2.28    Subdivision 1. Transfer of responsibilities. The responsibilities of the
2.29commissioner of administration relating to the state building code, sections 16B.59 to
2.3016B.76; construction of low-cost manufactured home park storm shelters, section 327.205;
2.31manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory
2.32warranties in connection with the sale of dwellings and home improvement work, chapter
2.33327A, are transferred under section 15.039 to the commissioner of labor and industry as
3.1amended and recodified in this chapter. The responsibilities of the commissioner of health
3.2relating to the state plumbing code and licensing, sections 16B.61, 144.99 to 144.993, and
3.3326.37 to 326.45, and water conditioning contractors and installers, sections 326.57 to
3.4326.65, are transferred under section 15.039 to the commissioner of labor and industry
3.5as amended and recodified in this chapter. The responsibilities of the commissioner of
3.6commerce relating to residential contractors, residential remodelers, residential roofers,
3.7manufactured home installers, and the contractor's recovery fund under sections 45.027 to
3.845.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of
3.9labor and industry as amended and recodified in this chapter. The responsibilities of the
3.10Board of Electricity relating to the state electrical code and licensing, sections 16B.61 and
3.11326.241 to 326.248, are transferred under section 15.039 to the commissioner of labor and
3.12industry as amended and recodified in this chapter.
3.13    Subd. 2. Definition of responsibilities. For purposes of subdivision 1,
3.14responsibilities include powers, duties, rights, obligations, and other authority imposed by
3.15law on the commissioner and the department.
3.16    Subd. 3. State fire marshal cooperation. The state fire marshal shall work with the
3.17commissioner to improve the delivery of services to the public through the coordination
3.18of services and utilization of technology.
3.19    Subd. 4. General rulemaking authority. The commissioner may, under the
3.20rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt,
3.21amend, suspend, and repeal rules relating to the commissioner's responsibilities under
3.22this chapter.
3.23EFFECTIVE DATE.This section is effective the day following final enactment.

3.24    Sec. 4. [326B.04] DEPOSIT OF MONEY.
3.25    Subdivision 1. Construction code fund. There is created in the state treasury
3.26a construction code fund as a special revenue fund for the purpose of administering this
3.27chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
3.28sections, except penalties, are credited to the construction code fund unless otherwise
3.29specifically designated by law. Any interest or profit accruing from investment of these
3.30sums is credited to the construction code fund. All money collected in the construction
3.31code fund is appropriated to the commissioner to administer and enforce the provisions
3.32of these laws.
3.33    Unless otherwise provided by law, all penalties assessed under this chapter, section
3.34327.35, and chapter 327B are credited to the assigned risk safety account established
3.35by section 79.253.
4.1    Subd. 2. Deposits. All remaining balances as of June 30, 2007, in the state
4.2government special revenue fund and special revenue fund accounts maintained for
4.3the Building Codes and Standards Division, Board of Electricity, and plumbing and
4.4engineering unit are transferred to the construction code fund. Unless otherwise
4.5specifically designated by law: (1) all money collected under chapter 183 and sections
4.616B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57
4.7to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties,
4.8is credited to the construction code fund; (2) all fees collected under section 45.23 in
4.9connection with continuing education for residential contractors, residential remodelers,
4.10and residential roofers are credited to the construction code fund; and (3) all penalties
4.11assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under
4.12sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45
4.13or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned
4.14risk safety account established by section 79.253.
4.15EFFECTIVE DATE.This section is effective July 1, 2007.

4.16    Sec. 5. [326B.06] BONDS.
4.17    Bonds issued under this chapter are not state bonds or contracts for purposes of
4.18sections 8.05 and 16C.05, subdivision 2.

4.19    Sec. 6. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
4.20    The commissioner shall not be subject to subpoena for purposes of providing expert
4.21testimony or for purposes of providing testimony or documents, as that term is defined in
4.22section 326B.081, subdivision 4, about an investigation or inspection conducted by the
4.23commissioner, except in an enforcement proceeding brought by the commissioner.

4.24ARTICLE 3
4.25ENFORCEMENT

4.26    Section 1. [326B.081] DEFINITIONS.
4.27    Subdivision 1. Application. For purposes of sections 326B.081 to 326B.085, the
4.28terms defined in this section have the meanings given them.
4.29    Subd. 2. Administrative order. "Administrative order" means an order issued
4.30under section 326B.082, subdivision 7.
4.31    Subd. 3. Applicable law. "Applicable law" means the provisions of sections
4.32326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders,
4.33stipulation agreements, settlements, compliance agreements, licenses, registrations,
4.34certificates, and permits adopted, issued, or enforced by the department under sections
4.35326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
5.1    Subd. 4. Document or documents. "Document" or "documents" includes papers;
5.2books; records; memoranda; data; contracts; drawings; graphs; charts; photographs;
5.3digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails;
5.4invoices; bills; notes; and calendars maintained in any form or manner.
5.5    Subd. 5. Final. "Final" when used to describe any order issued under section
5.6326B.082 means that:
5.7    (1) no request for hearing in connection with the order was filed in the manner and
5.8within the time provided by section 326B.082;
5.9    (2) all requests for hearing have been withdrawn;
5.10    (3) an agreement that resolves the order has been signed by all the parties; or
5.11    (4) after the filing of a request for hearing, an order has been issued by the
5.12commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been
5.13pursued or forgone.
5.14    Subd. 6. Licensing order. "Licensing order" means an order issued under section
5.15326B.082, subdivision 12, paragraph (a).
5.16    Subd. 7. Minimum qualifications. "Minimum qualifications" means the
5.17educational, experience, fee, examination, application, and other eligibility requirements
5.18that an applicant must meet in order to obtain a license, registration, certificate, or
5.19permit under the applicable law. For an applicant that is not an individual, the minimum
5.20qualifications include the requirement that an employee or other individual associated
5.21with the applicant hold a license.
5.22    Subd. 8. Stop order. "Stop order" means an order issued under section 326B.082,
5.23subdivision 10.

5.24    Sec. 2. [326B.082] ENFORCEMENT.
5.25    Subdivision 1. Remedies available. The commissioner may enforce all applicable
5.26law under this section. The commissioner may use any enforcement provision in this
5.27section, including the assessment of monetary penalties, against a person required to have
5.28a license, registration, certificate, or permit under the applicable law based on conduct
5.29that would provide grounds for action against a licensee, registrant, certificate holder,
5.30or permit holder under the applicable law. The use of an enforcement provision in this
5.31section shall not preclude the use of any other enforcement provision in this section or
5.32otherwise provided by law.
5.33    Subd. 2. Access to information and property; subpoenas. (a) In order to carry out
5.34the purposes of the applicable law, the commissioner may:
6.1    (1) administer oaths and affirmations, certify official acts, interview, question, take
6.2oral or written statements, and take depositions;
6.3    (2) request, examine, take possession of, test, sample, measure, photograph, record,
6.4and copy any documents, apparatus, devices, equipment, or materials;
6.5    (3) at a time and place indicated by the commissioner, request persons to appear
6.6before the commissioner to give testimony and produce documents, apparatus, devices,
6.7equipment, or materials;
6.8    (4) issue subpoenas to compel persons to appear before the commissioner to give
6.9testimony and produce documents, apparatus, devices, equipment, or materials; and
6.10    (5) with or without notice, enter without delay upon any property, public or private,
6.11for the purpose of taking any action authorized under this subdivision or the applicable
6.12law, including obtaining information, remedying violations, or conducting surveys,
6.13inspections, or investigations.
6.14    (b) Persons requested by the commissioner to give testimony or produce documents,
6.15apparatus, devices, equipment, or materials shall respond within the time and in the manner
6.16specified by the commissioner. If no time to respond is specified in the request, then a
6.17response shall be submitted within 30 days of the commissioner's service of the request.
6.18    (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
6.19owner's representative, or lessee's representative to permit the commissioner's entry onto
6.20property as provided in paragraph (a), the commissioner may apply for an administrative
6.21inspection order in the Ramsey County District Court or, at the commissioner's discretion,
6.22in the district court in the county in which the property is located. The commissioner may
6.23anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
6.24property owner's representative, or lessee's representative has refused to permit entry on a
6.25prior occasion or has informed the commissioner that entry will be refused. Upon showing
6.26of administrative probable cause by the commissioner, the district court shall issue an
6.27administrative inspection order that compels the property owner or lessee to permit the
6.28commissioner to enter the property for the purposes specified in paragraph (a).
6.29    (d) Upon the application of the commissioner, a district court shall treat the failure of
6.30any person to obey a subpoena lawfully issued by the commissioner under this subdivision
6.31as a contempt of court.
6.32    Subd. 3. Service. Unless otherwise specified, service of a document on a person
6.33under this section or section 326B.083 may be by mail, by personal service, or in
6.34accordance with any consent to service filed with the commissioner. Service by mail shall
6.35be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart
7.12. Personal service shall be accomplished in the manner provided in Minnesota Rules,
7.2part 1400.5550, subpart 3.
7.3    Subd. 4. Fax transmission. When this section or section 326B.083 permits a
7.4request for reconsideration or request for hearing to be served by fax on the commissioner,
7.5the fax shall not exceed 15 pages in length. The request shall be considered timely
7.6served if the fax is received by the commissioner, at the fax number identified by the
7.7commissioner in the order or notice of violation, no later than 4:30 p.m. central time on
7.8the last day permitted for faxing the request. Where the quality or authenticity of the faxed
7.9request is at issue, the commissioner may require the original request to be filed. Where
7.10the commissioner has not identified quality or authenticity of the faxed request as an issue
7.11and the request has been faxed in accordance with this subdivision, the person faxing the
7.12request does not need to file the original request with the commissioner.
7.13    Subd. 5. Time computation. In computing any period of time prescribed or allowed
7.14by this section, the day of the act, event, or default from which the designated period of
7.15time begins to run shall not be included. The last day of the period so computed shall be
7.16included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs
7.17until the next day which is not a Saturday, Sunday, or legal holiday.
7.18    Subd. 6. Notices of violation. (a) The commissioner may issue a notice of violation
7.19to any person who the commissioner determines has committed a violation of the
7.20applicable law. The notice of violation must state a summary of the facts that constitute
7.21the violation and the applicable law violated. The notice of violation may require the
7.22person to correct the violation. If correction is required, the notice of violation must state
7.23the deadline by which the violation must be corrected.
7.24    (b) The commissioner shall issue the notice of violation by:
7.25    (1) serving the notice of violation on the property owner or on the person who
7.26committed the violation; or
7.27    (2) posting the notice of violation at the location where the violation occurred.
7.28    (c) If the person to whom the commissioner has issued the notice of violation
7.29believes the notice was issued in error, then the person may request reconsideration of the
7.30parts of the notice that the person believes are in error. The request for reconsideration
7.31must be in writing and must be served on or faxed to the commissioner at the address or
7.32fax number specified in the notice of violation by the tenth day after the commissioner
7.33issued the notice of violation. The date on which a request for reconsideration is served by
7.34mail shall be the postmark date on the envelope in which the request for reconsideration is
7.35mailed. If the person does not serve or fax a written request for reconsideration or if the
8.1person's written request for reconsideration is not served on or faxed to the commissioner
8.2by the tenth day after the commissioner issued the notice of violation, the notice of
8.3violation shall become a final order of the commissioner and will not be subject to review
8.4by any court or agency. The request for reconsideration must:
8.5    (1) specify which parts of the notice of violation the person believes are in error;
8.6    (2) explain why the person believes the parts are in error; and
8.7    (3) provide documentation to support the request for reconsideration.
8.8    The commissioner shall respond in writing to requests for reconsideration
8.9made under this paragraph within 15 days after receiving the request. A request for
8.10reconsideration does not stay a requirement to correct a violation as set forth in the notice
8.11of violation. After reviewing the request for reconsideration, the commissioner may
8.12affirm, modify, or rescind the notice of violation. The commissioner's response to a
8.13request for reconsideration is final and shall not be reviewed by any court or agency.
8.14    Subd. 7. Administrative orders; correction; assessment of monetary
8.15penalties. (a) The commissioner may issue an administrative order to any person who
8.16the commissioner determines has committed a violation of the applicable law. The
8.17commissioner shall issue the administrative order by serving the administrative order on
8.18the person. The administrative order may require the person to correct the violation,
8.19may require the person to cease and desist from committing the violation, and may
8.20assess monetary penalties. The commissioner shall follow the procedures in section
8.21326B.083 when issuing administrative orders. Except as provided in paragraph (b), the
8.22commissioner may issue to each person a monetary penalty of up to $10,000 for each
8.23violation of applicable law committed by the person. The commissioner may order that
8.24part or all of the monetary penalty will be forgiven if the person to whom the order is
8.25issued demonstrates to the commissioner by the 31st day after the order is issued that
8.26the person has corrected the violation or has developed a correction plan acceptable to
8.27the commissioner.
8.28    (b) The commissioner may issue an administrative order for failure to correct a
8.29violation by the deadline stated in a final administrative order issued under paragraph (a).
8.30Each day after the deadline during which the violation remains uncorrected is a separate
8.31violation for purposes of calculating the maximum monetary penalty amount.
8.32    (c) Upon the application of the commissioner, a district court shall find the failure of
8.33any person to correct a violation as required by a final administrative order issued by the
8.34commissioner under this subdivision as a contempt of court.
8.35    Subd. 8. Hearings related to administrative orders. (a) Within 30 days after the
8.36commissioner issues an administrative order or within 20 days after the commissioner
9.1issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the
9.2person to whom the administrative order or notice is issued may request an expedited
9.3hearing to review the commissioner's order or notice. The request for hearing must be
9.4in writing and must be served on or faxed to the commissioner at the address or fax
9.5number specified in the order or notice. If the person does not request a hearing or if the
9.6person's written request for hearing is not served on or faxed to the commissioner by the
9.730th day after the commissioner issues the administrative order or the 20th day after the
9.8commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b),
9.9clause (3), the order will become a final order of the commissioner and will not be subject
9.10to review by any court or agency. The date on which a request for hearing is served by
9.11mail shall be the postmark date on the envelope in which the request for hearing is mailed.
9.12The hearing request must specifically state the reasons for seeking review of the order or
9.13notice. The person to whom the order or notice is issued and the commissioner are the
9.14parties to the expedited hearing. The commissioner must notify the person to whom the
9.15order or notice is issued of the time and place of the hearing at least 15 days before the
9.16hearing. The expedited hearing must be held within 45 days after a request for hearing has
9.17been served on the commissioner unless the parties agree to a later date.
9.18    (b) All written arguments must be submitted within ten days following the close of
9.19the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
9.201400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in
9.21consultation with the agency, adopt rules specifically applicable to cases under this section.
9.22    (c) The administrative law judge shall issue a report making findings of fact,
9.23conclusions of law, and a recommended order to the commissioner within 30 days
9.24following the close of the record.
9.25    (d) If the administrative law judge makes a finding that the hearing was requested
9.26solely for purposes of delay or that the hearing request was frivolous, the commissioner
9.27may add to the amount of the penalty the costs charged to the department by the Office of
9.28Administrative Hearings for the hearing.
9.29    (e) If a hearing has been held, the commissioner shall not issue a final order until
9.30at least five days after the date of the administrative law judge's report. Any person
9.31aggrieved by the administrative law judge's report may, within those five days, serve
9.32written comments to the commissioner on the report and the commissioner shall consider
9.33the comments. The commissioner's final order may be appealed in the manner provided in
9.34sections 14.63 to 14.69.
9.35    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
9.36commissioner may bring an action for injunctive relief in the Ramsey County District
10.1Court or, at the commissioner's discretion, in the district court in the county in which the
10.2commissioner has determined a violation of the applicable law has occurred or is about to
10.3occur to enjoin the violation. A temporary restraining order and other injunctive relief
10.4shall be granted by the district court if the court determines that a person has engaged in or
10.5is about to engage in an act, conduct, or practice constituting a violation of the applicable
10.6law. The commissioner shall not be required to show irreparable harm.
10.7    Subd. 10. Stop orders. (a) If the commissioner determines based on an inspection
10.8or investigation that a person has violated or is about to violate the applicable law, the
10.9commissioner may issue to the person a stop order requiring the person to cease and desist
10.10from committing the violation.
10.11    (b) If the commissioner determines that a condition exists on real property that
10.12violates the applicable law, the commissioner may issue a stop order to the owner or
10.13lessee of the real property to cease and desist from committing the violation and to correct
10.14the condition that is in violation.
10.15    (c) The commissioner shall issue the stop work order by:
10.16    (1) serving the order on the person who has committed or is about to commit the
10.17violation;
10.18    (2) posting the order at the location where the violation was committed or is about to
10.19be committed or at the location where the violating condition exists; or
10.20    (3) serving the order on any owner or lessee of the real property where the violating
10.21condition exists.
10.22    (d) A stop order shall:
10.23    (1) describe the act, conduct, or practice committed or about to be committed, or the
10.24condition, and include a reference to the applicable law that the act, conduct, practice, or
10.25condition violates or would violate; and
10.26    (2) provide notice that any person aggrieved by the stop order may request a hearing
10.27as provided in paragraph (e).
10.28    (e) Within 30 days after the commissioner issues a stop order, any person aggrieved
10.29by the order may request an expedited hearing to review the commissioner's action.
10.30The request for hearing must be made in writing and must be served on or faxed to the
10.31commissioner at the address or fax number specified in the order. If the person does not
10.32request a hearing or if the person's written request for hearing is not served on or faxed to
10.33the commissioner on or before the 30th day after the commissioner issued the stop order,
10.34the order will become a final order of the commissioner and will not be subject to review
10.35by any court or agency. The date on which a request for hearing is served by mail is the
10.36postmark date on the envelope in which the request for hearing is mailed. The hearing
11.1request must specifically state the reasons for seeking review of the order. The person who
11.2requested the hearing and the commissioner are the parties to the expedited hearing. The
11.3hearing shall be commenced within ten days after the commissioner receives the request
11.4for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
11.51400.8612, as modified by this subdivision. The administrative law judge shall issue a
11.6report containing findings of fact, conclusions of law, and a recommended order within
11.7ten days after the conclusion of the hearing. Any party aggrieved by the administrative
11.8law judge's report shall have five days after the date of the administrative law judge's
11.9report to submit exceptions and argument to the commissioner. Within 15 days after
11.10receiving the administrative law judge's report, the commissioner shall issue an order
11.11vacating, modifying, or making permanent the stop order. The commissioner and the
11.12person requesting the hearing may by agreement lengthen any time periods described in
11.13this paragraph. The Office of Administrative Hearings may, in consultation with the
11.14agency, adopt rules specifically applicable to cases under this subdivision.
11.15    (f) A stop order issued under this subdivision shall be in effect until it is modified or
11.16vacated by the commissioner or an appellate court. The administrative hearing provided
11.17by this subdivision and any appellate judicial review as provided in chapter 14 shall
11.18constitute the exclusive remedy for any person aggrieved by a stop order.
11.19    (g) Upon the application of the commissioner, a district court shall find the failure of
11.20any person to comply with a final stop order lawfully issued by the commissioner under
11.21this subdivision as a contempt of court.
11.22    Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may
11.23deny an application for a permit, license, registration, or certificate if the applicant does
11.24not meet or fails to maintain the minimum qualifications for holding the permit, license,
11.25registration, or certificate, or has any unresolved violations or unpaid fees or monetary
11.26penalties related to the activity for which the permit, license, registration, or certificate has
11.27been applied for or was issued.
11.28    (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
11.29person's permit, license, registration, or certificate, or censure the person holding the
11.30permit, license, registration, or certificate, if the commissioner finds that the person:
11.31    (1) committed one or more violations of the applicable law;
11.32    (2) submitted false or misleading information to the state in connection with
11.33activities for which the permit, license, registration, or certificate was issued, or in
11.34connection with the application for the permit, license, registration, or certificate;
11.35    (3) allowed the alteration or use of the person's own permit, license, registration,
11.36or certificate by another person;
12.1    (4) within the previous five years, was convicted of a crime in connection with
12.2activities for which the permit, license, registration, or certificate was issued;
12.3    (5) violated a final administrative order issued under subdivision 7 or a final stop
12.4order issued under subdivision 10, or injunctive relief issued under subdivision 9;
12.5    (6) failed to cooperate with a commissioner's request to give testimony, to produce
12.6documents, things, apparatus, devices, equipment, or materials, or to access property
12.7under subdivision 2;
12.8    (7) retaliated in any manner against any employee or person who is questioned by,
12.9cooperates with, or provides information to the commissioner or an employee or agent
12.10authorized by the commissioner who seeks access to property or things under subdivision
12.112;
12.12    (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
12.13    (9) performed work in connection with the permit, license, registration, or
12.14certificate or conducted the person's affairs in a manner that demonstrates incompetence,
12.15untrustworthiness, or financial irresponsibility.
12.16    (c) If the commissioner revokes a person's permit, license, registration, or certificate
12.17under paragraph (b), the person is prohibited from reapplying for the same type of permit,
12.18license, registration, or certificate for at least two years after the effective date of the
12.19revocation. The commissioner may, as a condition of reapplication, require the person to
12.20obtain a bond or comply with additional reasonable conditions the commissioner considers
12.21necessary to protect the public.
12.22    (d) If a permit, license, registration, or certificate expires, or is surrendered,
12.23withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
12.24institute a proceeding under this subdivision within two years after the permit, license,
12.25registration, or certificate was last effective and enter a revocation or suspension order as
12.26of the last date on which the permit, license, registration, or certificate was in effect.
12.27    Subd. 12. Issuance of licensing orders; hearings related to licensing orders.
12.28 (a) If the commissioner determines that a permit, license, registration, or certificate
12.29should be conditioned, limited, suspended, revoked, or denied under subdivision 11,
12.30or that the permit holder, licensee, registrant, or certificate holder should be censured
12.31under subdivision 11, then the commissioner shall issue to the person an order denying,
12.32conditioning, limiting, suspending, or revoking the person's permit, license, registration,
12.33or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
12.34    (b) Any order issued under paragraph (a) may include an assessment of monetary
12.35penalties and may require the person to cease and desist from committing the violation
12.36or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The
13.1monetary penalty may be up to $10,000 for each violation or act, conduct, or practice
13.2committed by the person. The procedures in section 326B.083 must be followed when
13.3issuing orders under paragraph (a).
13.4    (c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
13.5the commissioner issues an order under paragraph (a) shall have 30 days after service of
13.6the order to request a hearing. The request for hearing must be in writing and must be
13.7served on or faxed to the commissioner at the address or fax number specified in the order
13.8by the 30th day after service of the order. If the person does not request a hearing or if
13.9the person's written request for hearing is not served on or faxed to the commissioner
13.10by the 30th day after service of the order, the order shall become a final order of the
13.11commissioner and will not be subject to review by any court or agency. The date on which
13.12a request for hearing is served by mail shall be the postmark date on the envelope in which
13.13the request for hearing is mailed. If the person submits to the commissioner a timely
13.14request for hearing, a contested case hearing shall be held in accordance with chapter 14.
13.15    (d) Paragraph (c) does not apply to summary suspension under subdivision 13.
13.16    Subd. 13. Summary suspension. In any case where the commissioner has
13.17issued an order to revoke or suspend a license, registration, certificate, or permit under
13.18subdivision 12, the commissioner may summarily suspend the person's permit, license,
13.19registration, or certificate before the order becomes final. The commissioner shall issue a
13.20summary suspension order when the safety of life or property is threatened or to prevent
13.21the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the
13.22public. The summary suspension shall not affect the deadline for submitting a request
13.23for hearing under subdivision 12. If the commissioner summarily suspends a person's
13.24permit, license, registration, or certificate, a timely request for hearing submitted under
13.25subdivision 12 shall also be considered a timely request for hearing on continuation of
13.26the summary suspension. If the commissioner summarily suspends a person's permit,
13.27license, registration, or certificate under this subdivision and the person submits a timely
13.28request for a hearing, then a hearing on continuation of the summary suspension must be
13.29held within ten days after the commissioner receives the request for hearing unless the
13.30parties agree to a later date.
13.31    Subd. 14. Plan for assessing penalties. The commissioner may prepare a plan for
13.32assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall
13.33provide a 30-day period for public comment on any such plan. Penalties assessed by the
13.34commissioner in accordance with the plan shall be presumed reasonable.
14.1    Subd. 15. Effect on other laws. Nothing in this section shall be construed to limit
14.2the application of other state or federal laws, including specifically but not exclusively
14.3section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a
14.4permit, license, registration, or certificate issued by the commissioner.
14.5    Subd. 16. Misdemeanor penalties. Except as otherwise provided by law, a person
14.6who violates an applicable law is guilty of a misdemeanor.
14.7    Subd. 17. Revocation and suspension of license. If a person fails to pay a penalty
14.8owed under this section or section 326B.083, the commissioner may revoke, suspend, or
14.9deny any or all licenses, permits, certificates, and registrations issued by the department.

14.10    Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF
14.11ADMINISTRATIVE AND LICENSING ORDERS.
14.12    Subdivision 1. Amount of penalty; considerations. In determining the amount of
14.13a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall
14.14consider the factors described in section 14.045, subdivision 3.
14.15    Subd. 2. Contents of administrative order and licensing order. (a) An
14.16administrative order and a licensing order must include:
14.17    (1) a summary of the facts that constitute the violation or violations;
14.18    (2) a reference to the applicable law that has been violated; and
14.19    (3) a statement of the person's right to request a hearing.
14.20    (b) An administrative order may include a requirement that the violation be
14.21corrected. If the order includes a requirement that the violation be corrected, then the
14.22order must include, in addition to any statements required under paragraphs (a) and (c),
14.23the deadline by which the violation must be corrected.
14.24    (c) An administrative order or a licensing order may assess monetary penalties. If
14.25the order assesses monetary penalties, then the order must include, in addition to any
14.26statements required under paragraphs (a) and (b):
14.27    (1) a statement of the amount of the monetary penalty imposed;
14.28    (2) a statement that, when the order becomes final, the commissioner may file and
14.29enforce the unpaid portion of a penalty as a judgment in district court without further
14.30notice or additional proceedings; and
14.31    (3) if the order is an administrative order, a statement of the amount of the penalty,
14.32if any, that will be forgiven if the person who is subject to the order demonstrates to the
14.33commissioner by the 31st day after the order is served that the person has corrected the
14.34violation or has developed a correction plan acceptable to the commissioner.
15.1    Subd. 3. Penalty. (a) If an administrative order includes a penalty assessment, then
15.2the penalty is due and payable on the date the administrative order becomes final unless
15.3some or all of the penalty is forgivable. If a licensing order includes a penalty assessment,
15.4then the penalty is due and payable on the date the licensing order becomes final.
15.5    (b) This paragraph applies if an administrative order includes a penalty assessment
15.6and all or a portion of the penalty is forgivable.
15.7    (1) If any portion of the penalty is not forgivable, that portion of the penalty is due
15.8and payable ten days after the date the administrative order becomes final.
15.9    (2) The commissioner shall forgive the forgivable portion of the penalty if the
15.10commissioner determines that the violation has been corrected within the time set by
15.11the order or the person to whom the order was issued has developed a correction plan
15.12acceptable to the commissioner within the time set by the order.
15.13    (3) If the commissioner determines that the person to whom the order was issued
15.14has failed to correct the violation within the time set by the order or has failed to develop
15.15a correction plan acceptable to the commissioner within the time set by the order, then
15.16the forgivable portion of the penalty is due and payable ten days after the commissioner
15.17serves notice of the determination on the person or on the date the administrative order
15.18becomes final, whichever is later.
15.19    (c) This paragraph applies if an administrative order or a licensing order includes a
15.20penalty assessment and if the person subject to the order has requested a hearing. The
15.21administrative law judge may not recommend a change in the amount of the penalty if
15.22the penalty was assessed in accordance with a plan prepared under section 326B.082,
15.23subdivision 14. If the commissioner has not prepared a plan under section 326B.082,
15.24subdivision 14, then the administrative law judge may not recommend a change in the
15.25amount of the penalty unless the administrative law judge determines that, based on the
15.26factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
15.27    (d) The assessment of a penalty does not preclude the use of other enforcement
15.28provisions, under which penalties are not assessed, in connection with the violation for
15.29which the penalty was assessed.

15.30    Sec. 4. [326B.084] FALSE INFORMATION.
15.31    A person subject to any of the requirements in the applicable law may not make a
15.32false material statement, representation, or certification in; omit material information
15.33from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan,
15.34or other document required under the applicable law.

15.35    Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
16.1    In any action brought by the commissioner for enforcement of an order issued
16.2under section 326B.082 for injunctive relief, or to compel performance pursuant to the
16.3applicable law, if the state finally prevails, the state, in addition to other penalties provided
16.4by law, may be allowed an amount determined by the court to be the reasonable value of
16.5all or part of the litigation expenses incurred by the state. In determining the amount of
16.6the litigation expenses to be allowed, the court shall give consideration to the economic
16.7circumstances of the defendant.

16.8    Sec. 6. REVISOR'S INSTRUCTION.
16.9    The revisor of statutes shall renumber Minnesota Statutes, section 299F.011,
16.10subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.

16.11ARTICLE 4
16.12BUILDING CODE

16.13    Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:
16.14    Subd. 2. Powers and duties, general. Subject to other provisions of this chapter,
16.15the commissioner is authorized to:
16.16    (1) supervise, control, review, and approve all state contracts and purchasing;
16.17    (2) provide agencies with supplies and equipment and operate all central store or
16.18supply rooms serving more than one agency;
16.19    (3) investigate and study the management and organization of agencies, and
16.20reorganize them when necessary to ensure their effective and efficient operation;
16.21    (4) manage and control state property, real and personal;
16.22    (5) maintain and operate all state buildings, as described in section 16B.24,
16.23subdivision 1
;
16.24    (6) supervise, control, review, and approve all capital improvements to state
16.25buildings and the capitol building and grounds;
16.26    (7) provide central duplicating, printing, and mail facilities;
16.27    (8) oversee publication of official documents and provide for their sale;
16.28    (9) manage and operate parking facilities for state employees and a central motor
16.29pool for travel on state business; and
16.30    (10) establish and administer a State Building Code; and
16.31    (11) (10) provide rental space within the capitol complex for a private day care
16.32center for children of state employees. The commissioner shall contract for services as
16.33provided in this chapter. The commissioner shall report back to the legislature by October
16.341, 1984, with the recommendation to implement the private day care operation.

16.35    Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
17.1    Subd. 4. Code. "Code" means the State Building Code adopted by the commissioner
17.2of labor and industry in consultation with each industry advisory committee and in
17.3accordance with sections 16B.59 to 16B.75.

17.4    Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
17.5    Subd. 7. Physically disabled Person with a disability. "Physically disabled" means
17.6having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities
17.7of aging, or other disabilities that significantly reduce mobility, flexibility, coordination,
17.8or perceptiveness. "Person with a disability" or "persons with disabilities" includes
17.9people who have a vision disability, a hearing disability, a disability of coordination, a
17.10disability of aging, or any other disability that significantly reduces mobility, flexibility,
17.11coordination, or perceptiveness.

17.12    Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
17.13    Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an existing
17.14public building in whole or in part in order to bring it up to date in into conformity with
17.15present uses of the structure and to which other rules on the upgrading of health and
17.16safety provisions are applicable.

17.17    Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
17.18    Subd. 11. State licensed facilities facility. "State licensed facilities facility" means
17.19a building and its grounds that are licensed by the state as a hospital, nursing home,
17.20supervised living facility, free-standing outpatient surgical center, or correctional facility,
17.21boarding care home, or residential hospice.

17.22    Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:
17.2316B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND
17.24INDUSTRY.
17.25    Subdivision 1. Adoption of code. Subject to sections 16B.59 to 16B.75, the
17.26commissioner shall by rule and in consultation with each industry board establish a code
17.27of standards for the construction, reconstruction, alteration, and repair of buildings,
17.28governing matters of structural materials, design and construction, fire protection,
17.29health, sanitation, and safety, including design and construction standards regarding
17.30heat loss control, illumination, and climate control. The code must also include duties
17.31and responsibilities for code administration, including procedures for administrative
17.32action, penalties, and suspension and revocation of certification. The code must conform
17.33insofar as practicable to model building codes generally accepted and in use throughout
17.34the United States, including a code for building conservation. In the preparation of the
17.35code, consideration must be given to the existing statewide specialty codes presently in
18.1use in the state. Model codes with necessary modifications and statewide specialty codes
18.2may be adopted by reference. The code must be based on the application of scientific
18.3principles, approved tests, and professional judgment. To the extent possible, the code
18.4must be adopted in terms of desired results instead of the means of achieving those results,
18.5avoiding wherever possible the incorporation of specifications of particular methods or
18.6materials. To that end the code must encourage the use of new methods and new materials.
18.7Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall
18.8administer and enforce the provisions of those sections.
18.9    The commissioner shall develop rules addressing the plan review fee assessed
18.10to similar buildings without significant modifications including provisions for use of
18.11building systems as specified in the industrial/modular program specified in section
18.1216B.75 . Additional plan review fees associated with similar plans must be based on costs
18.13commensurate with the direct and indirect costs of the service.
18.14    Subd. 1a. Administration by commissioner. The commissioner shall administer
18.15and enforce the State Building Code as a municipality with respect to public buildings and
18.16state licensed facilities in the state. The commissioner shall establish appropriate permit,
18.17plan review, and inspection fees, and surcharges for public buildings and state licensed
18.18facilities. Fees and surcharges for public buildings and state licensed facilities must be
18.19remitted to the commissioner, who shall deposit them in the state treasury for credit to
18.20the special revenue fund.
18.21    Municipalities other than the state having an agreement with the commissioner
18.22for code administration and enforcement service for public buildings and state licensed
18.23facilities shall charge their customary fees, including surcharge, to be paid directly to the
18.24jurisdiction by the applicant seeking authorization to construct a public building or a state
18.25licensed facility. The commissioner shall sign an agreement with a municipality other than
18.26the state for plan review, code administration, and code enforcement service for public
18.27buildings and state licensed facilities in the jurisdiction if the building officials of the
18.28municipality meet the requirements of section 16B.65 and wish to provide those services
18.29and if the commissioner determines that the municipality has enough adequately trained
18.30and qualified building inspectors to provide those services for the construction project.
18.31    The commissioner may direct the state building official to assist a community that
18.32has been affected by a natural disaster with building evaluation and other activities related
18.33to building codes.
18.34    Administration and enforcement in a municipality under this section must apply
18.35any optional provisions of the State Building Code adopted by the municipality. A
19.1municipality adopting any optional code provision shall notify the state building official
19.2within 30 days of its adoption.
19.3    The commissioner shall administer and enforce the provisions of the code relating to
19.4elevators statewide, except as provided for under section 16B.747, subdivision 3.
19.5    Subd. 2. Enforcement by certain bodies. Under the direction and supervision of
19.6the commissioner, the provisions of the code relating to electrical installations shall be
19.7enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act,
19.8the provisions relating to, plumbing shall be enforced by the commissioner of health,
19.9the provisions relating to, boilers, high pressure steam piping and appurtenances, and
19.10ammonia refrigeration piping, and bioprocess piping shall be enforced by the Department
19.11of Labor and Industry. Fees for inspections conducted by the State Board of Electricity
19.12commissioner shall be paid in accordance with the rules of the State Board of Electricity
19.13department. Under direction of the commissioner of public safety labor and industry, the
19.14state fire marshal shall enforce the State Fire Code as provided in chapter 299F. The
19.15commissioner, in consultation with the commissioner of labor and industry, shall adopt
19.16amendments to the mechanical code portion of the State Building Code to implement
19.17standards for process piping.
19.18    Subd. 3. Special requirements. (a) Space for commuter vans. The code must
19.19require that any parking ramp or other parking facility constructed in accordance with the
19.20code include an appropriate number of spaces suitable for the parking of motor vehicles
19.21having a capacity of seven to 16 persons and which are principally used to provide
19.22prearranged commuter transportation of employees to or from their place of employment
19.23or to or from a transit stop authorized by a local transit authority.
19.24    (b) Smoke detection devices. The code must require that all dwellings, lodging
19.25houses, apartment houses, and hotels as defined in section 299F.362 comply with the
19.26provisions of section 299F.362.
19.27    (c) Doors in nursing homes and hospitals. The State Building Code may not
19.28require that each door entering a sleeping or patient's room from a corridor in a nursing
19.29home or hospital with an approved complete standard automatic fire extinguishing system
19.30be constructed or maintained as self-closing or automatically closing.
19.31    (d) Child care facilities in churches; ground level exit. A licensed day care center
19.32serving fewer than 30 preschool age persons and which is located in a belowground space
19.33in a church building is exempt from the State Building Code requirement for a ground
19.34level exit when the center has more than two stairways to the ground level and its exit.
19.35    (e) Child care facilities in churches; vertical access. Until August 1, 1996, an
19.36organization providing child care in an existing church building which is exempt from
20.1taxation under section 272.02, subdivision 6, shall have five years from the date of initial
20.2licensure under chapter 245A to provide interior vertical access, such as an elevator, to
20.3persons with disabilities as required by the State Building Code. To obtain the extension,
20.4the organization providing child care must secure a $2,500 performance bond with the
20.5commissioner of human services to ensure that interior vertical access is achieved by the
20.6agreed upon date.
20.7    (f) (e) Family and group family day care. Until the legislature enacts legislation
20.8specifying appropriate standards, the definition of Group R-3 occupancies in dwellings
20.9constructed in accordance with the International Residential Code as adopted as part of the
20.10State Building Code applies to family and group family day care homes licensed by the
20.11Department of Human Services under Minnesota Rules, chapter 9502.
20.12    (g) (f) Enclosed stairways. No provision of the code or any appendix chapter of
20.13the code may require stairways of existing multiple dwelling buildings of two stories or
20.14less to be enclosed.
20.15    (h) (g) Double cylinder dead bolt locks. No provision of the code or appendix
20.16chapter of the code may prohibit double cylinder dead bolt locks in existing single-family
20.17homes, townhouses, and first floor duplexes used exclusively as a residential dwelling.
20.18Any recommendation or promotion of double cylinder dead bolt locks must include a
20.19warning about their potential fire danger and procedures to minimize the danger.
20.20    (i) (h) Relocated residential buildings. A residential building relocated within
20.21or into a political subdivision of the state need not comply with the State Energy Code
20.22or section 326.371 provided that, where available, an energy audit is conducted on the
20.23relocated building.
20.24    (j) (i) Automatic garage door opening systems. The code must require all
20.25residential buildings as defined in section 325F.82 to comply with the provisions of
20.26sections 325F.82 and 325F.83.
20.27    (k) (j) Exit sign illumination. For a new building on which construction is begun
20.28on or after October 1, 1993, or an existing building on which remodeling affecting 50
20.29percent or more of the enclosed space is begun on or after October 1, 1993, the code must
20.30prohibit the use of internally illuminated exit signs whose electrical consumption during
20.31nonemergency operation exceeds 20 watts of resistive power. All other requirements in
20.32the code for exit signs must be complied with.
20.33    (l) (k) Exterior wood decks, patios, and balconies. The code must permit the
20.34decking surface and upper portions of exterior wood decks, patios, and balconies to be
20.35constructed of (1) heartwood from species of wood having natural resistance to decay or
20.36termites, including redwood and cedars, (2) grades of lumber which contain sapwood from
21.1species of wood having natural resistance to decay or termites, including redwood and
21.2cedars, or (3) treated wood. The species and grades of wood products used to construct the
21.3decking surface and upper portions of exterior decks, patios, and balconies must be made
21.4available to the building official on request before final construction approval.
21.5    (m) (l) Bioprocess piping and equipment. No permit fee for bioprocess piping may
21.6be imposed by municipalities under the State Building Code, except as required under
21.7section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section
21.8326.47 administered by the Department of Labor and Industry. All data regarding the
21.9material production processes, including the bioprocess system's structural design and
21.10layout, are nonpublic data as provided by section 13.7911.
21.11    Subd. 3a. Recycling space. The code must require suitable space for the separation,
21.12collection, and temporary storage of recyclable materials within or adjacent to new or
21.13significantly remodeled structures that contain 1,000 square feet or more. Residential
21.14structures with fewer than four dwelling units are exempt from this subdivision.
21.15    Subd. 4. Review of plans for public buildings and state licensed facilities.
21.16    Construction or remodeling may not begin on any public building or state licensed facility
21.17until the plans and specifications have been approved by the commissioner or municipality
21.18under contractual agreement pursuant to subdivision 1a. The plans and specifications must
21.19be submitted for review, and within 30 days after receipt of the plans and specifications,
21.20the commissioner or municipality under contractual agreement shall notify the submitting
21.21authority of any corrections.
21.22    Subd. 5. Accessibility. (a) Public buildings. The code must provide for making
21.23public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
21.24physically disabled persons with disabilities, although this does not require the remodeling
21.25of public buildings solely to provide accessibility and usability to the physically disabled
21.26persons with disabilities when remodeling would not otherwise be undertaken.
21.27    (b) Leased space. No agency of the state may lease space for agency operations
21.28in a non-state-owned building unless the building satisfies the requirements of the State
21.29Building Code for accessibility by the physically disabled persons with disabilities, or
21.30is eligible to display the state symbol of accessibility. This limitation applies to leases
21.31of 30 days or more for space of at least 1,000 square feet.
21.32    (c) Meetings or conferences. Meetings or conferences for the public or for state
21.33employees which are sponsored in whole or in part by a state agency must be held in
21.34buildings that meet the State Building Code requirements relating to accessibility for
21.35physically disabled persons with disabilities. This subdivision does not apply to any
22.1classes, seminars, or training programs offered by the Minnesota State Colleges and
22.2Universities or the University of Minnesota. Meetings or conferences intended for specific
22.3individuals none of whom need the accessibility features for disabled persons with
22.4disabilities specified in the State Building Code need not comply with this subdivision
22.5unless a disabled person with a disability gives reasonable advance notice of an intent to
22.6attend the meeting or conference. When sign language interpreters will be provided,
22.7meetings or conference sites must be chosen which allow hearing impaired participants to
22.8see their signing clearly.
22.9    (d) Exemptions. The commissioner may grant an exemption from the requirements
22.10of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable
22.11efforts were made to secure facilities which complied with those requirements and if the
22.12selected facilities are the best available for access for disabled persons with disabilities.
22.13Exemptions shall be granted using criteria developed by the commissioner in consultation
22.14with the Council on Disability.
22.15    (e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
22.16International's Eleventh World Congress is the state symbol indicating buildings, facilities,
22.17and grounds which are accessible to and usable by disabled persons with disabilities. In
22.18the interests of uniformity, this symbol is the sole symbol for display in or on all public
22.19or private buildings, facilities, and grounds which qualify for its use. The secretary of
22.20state shall obtain the symbol and keep it on file. No building, facility, or grounds may
22.21display the symbol unless it is in compliance with the rules adopted by the commissioner
22.22under subdivision 1. Before any rules are proposed for adoption under this paragraph,
22.23the commissioner shall consult with the Council on Disability. Rules adopted under this
22.24paragraph must be enforced in the same way as other accessibility rules of the State
22.25Building Code.
22.26    (f) Municipal enforcement. Municipalities which have not adopted the State
22.27Building Code may enforce the building code requirements for disabled persons with
22.28disabilities by either entering into a joint powers agreement for enforcement with another
22.29municipality which has adopted the State Building Code; or contracting for enforcement
22.30with an individual certified under section 16B.65, subdivision 3, to enforce the State
22.31Building Code.
22.32    (g) Equipment allowed. The code must allow the use of vertical wheelchair lifts and
22.33inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair lift
22.34must be equipped with light or sound signaling device for use during operation of the lift.
22.35The stairway or ramp shall be marked in a bright color that clearly indicates the outside
22.36edge of the lift when in operation. The code shall not require a guardrail between the lift
23.1and the stairway or ramp. Compliance with this provision by itself does not mean other
23.2disability accessibility requirements have been met.
23.3    Subd. 6. Energy efficiency. The code must provide for building new low-income
23.4housing in accordance with energy efficiency standards adopted under subdivision 1.
23.5For purposes of this subdivision, low-income housing means residential housing built
23.6for low-income persons and families under a program of a housing and redevelopment
23.7authority, the Minnesota Housing Finance Agency, or another entity receiving money
23.8from the state to construct such housing.
23.9    Subd. 7. Access for the hearing-impaired. All rooms in the State Office Building
23.10and in the Capitol that are used by the house of representatives or the senate for legislative
23.11hearings, and the public galleries overlooking the house and senate chambers, must
23.12be fitted with assistive listening devices for the hearing-impaired. Each hearing room
23.13and the public galleries must have a sufficient number of receivers available so that
23.14hearing-impaired members of the public may participate in the committee hearings and
23.15public sessions of the house and senate.
23.16    Subd. 8. Separate metering for electric service. The standards concerning heat
23.17loss, illumination, and climate control adopted pursuant to subdivision 1, shall require
23.18that electrical service to individual dwelling units in buildings containing two or more
23.19units be separately metered, with individual metering readily accessible to the individual
23.20occupants. The standards authorized by this subdivision shall only apply to buildings
23.21constructed after the effective date of the amended standards. Buildings intended for
23.22occupancy primarily by persons who are 62 years of age or older or disabled, or which
23.23contain a majority of units not equipped with complete kitchen facilities, shall be exempt
23.24from the provisions of this subdivision.

23.25    Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
23.26    Subd. 4. Rules. The commissioner of administration shall adopt rules to implement
23.27this section. The rules may provide for a greater ratio of women's to men's facilities
23.28for certain types of occupancies than is required in subdivision 3, and may apply the
23.29required ratios to categories of occupancies other than those defined as places of public
23.30accommodation under subdivision 1.

23.31    Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:
23.3216B.617 ENERGY CODE RULES REMAIN IN EFFECT.
23.33    (a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter
23.347670, does not expire on April 15, 2000, but remains in effect for residential buildings not
23.35covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter
24.17670, that apply to category 1 buildings govern new, detached single one- and two-family
24.2R-3 occupancy residential buildings. All new, detached single one- and two-family R-3
24.3occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application
24.4for a building permit after April 14, 2000, must meet the requirements for category 1
24.5buildings, as set out in Minnesota Rules, chapter 7670.
24.6    (b) As an alternative to compliance with paragraph (a), compliance with Minnesota
24.7Rules, chapters 7672 and 7674, is optional for a contractor or owner.
24.8    (c) The Department of Administration, Building Codes and Standards Division
24.9(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost
24.10benefit, as well as air quality, building durability, moisture, enforcement, enforceability,
24.11and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and
24.127674. The report must include a feasibility study of establishing new criteria for category
24.132 detached single one- and two-family R-3 occupancy buildings that are energy efficient,
24.14enforceable, and provide sufficient nonmechanical ventilation or permeability for a home
24.15to maintain good air quality, building durability, and adequate release of moisture.
24.16    (d) (c) This section expires when the commissioner of administration adopts a new
24.17energy code in accordance with Laws 2002, chapter 317, section 4.

24.18    Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
24.1916B.6175 ENERGY CODE.
24.20    Notwithstanding section 16B.617, the commissioner of administration, in
24.21consultation with the Construction Codes Advisory Council, shall explore and review the
24.22availability and appropriateness of any model energy codes related to the construction
24.23of single one- and two-family residential buildings. In consultation with the council, the
24.24commissioner shall take steps to adopt the chosen code with all necessary and appropriate
24.25amendments.
24.26    The commissioner may not adopt all or part of a model energy code relating to
24.27the construction of residential buildings without research and analysis that addresses,
24.28at a minimum, air quality, building durability, moisture, enforcement, enforceability
24.29cost benefit, and liability. The research and analysis must be completed in cooperation
24.30with practitioners in residential construction and building science and an affirmative
24.31recommendation by the Construction Codes Advisory Council.

24.32    Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:
24.3316B.63 STATE BUILDING OFFICIAL.
24.34    Subdivision 1. Appointment. The commissioner shall appoint a state building
24.35official who under the direction and supervision of the commissioner shall administer
24.36the code.
25.1    Subd. 2. Qualifications. To be eligible for appointment as state building official an
25.2individual must be competent in the field of administration and shall have the experience
25.3in building design, construction, and supervision which the commissioner considers
25.4necessary.
25.5    Subd. 3. Powers and duties. The state building official may, with the approval of
25.6the commissioner, employ personnel necessary to carry out the inspector's function under
25.7sections 16B.59 to 16B.75. The state building official shall distribute without charge
25.8one copy a printed or electronic version of the code to each municipality within the state.
25.9Additional copies A printed or electronic version of the code shall be made available
25.10to municipalities and interested parties for a fee prescribed by the commissioner. The
25.11state building official shall perform other duties in administering the code assigned by
25.12the commissioner.
25.13    Subd. 4. Accessibility specialists. The state building official shall, with the
25.14approval of the commissioner, assign three department employees to assist municipalities
25.15in complying with section 16B.61, subdivision 5.
25.16    Subd. 5. Interpretative authority. To achieve uniform and consistent application
25.17of the State Building Code, the state building official has final interpretative authority
25.18applicable to all codes adopted as part of the State Building Code except for the Plumbing
25.19Code and the Electrical Code when enforced by the State Board of Electricity, except with
25.20the advice of the Electrical Board, Mechanical Systems Board, Plumbing Board, Board
25.21of Construction, Building and Structural Code Board, Fire Protection Board, and High
25.22Pressure Piping Systems Board. A final interpretative committee composed of seven
25.23members, consisting of three building officials, two inspectors from the affected field, and
25.24two construction industry representatives, shall review requests for final interpretations
25.25relating to that field. A request for final interpretation must come from a local or state level
25.26building code board of appeals. The state building official must establish procedures for
25.27membership of the interpretative committees. The appropriate committee shall review the
25.28request and make a recommendation to the state building official for the final interpretation
25.29within 30 days of the request. The state building official must issue an interpretation
25.30within ten business days from the recommendation from the review committee. A final
25.31interpretation may be appealed within 30 days of its issuance to the commissioner under
25.32section 16B.67. The final interpretation must be published within ten business days of its
25.33issuance and made available to the public. Municipal building officials shall administer all
25.34final interpretations issued by the state building official until the final interpretations are
25.35considered for adoption as part of the State Building Code.

26.1    Sec. 11. Minnesota Statutes 2006, section 16B.65, is amended to read:
26.216B.65 BUILDING OFFICIALS.
26.3    Subdivision 1. Designation. By January 1, 2002, Each municipality shall designate
26.4a building official to administer the code. A municipality may designate no more than one
26.5building official responsible for code administration defined by each certification category
26.6established in rule. Two or more municipalities may combine in the designation of a
26.7building official for the purpose of administering the provisions of the code within their
26.8communities. In those municipalities for which no building officials have been designated,
26.9the state building official may use whichever state employees are necessary to perform
26.10the duties of the building official until the municipality makes a temporary or permanent
26.11designation. All costs incurred by virtue of these services rendered by state employees
26.12must be borne by the involved municipality and receipts arising from these services must
26.13be paid into the state treasury and credited to the special revenue fund to the commissioner.
26.14    Subd. 2. Qualifications. A building official, to be eligible for designation, must
26.15be certified and have the experience in design, construction, and supervision which
26.16the commissioner deems necessary and must be generally informed on the quality and
26.17strength of building materials, accepted building construction requirements, and the nature
26.18of equipment and needs conducive to the safety, comfort, and convenience of building
26.19occupants. No person may be designated as a building official for a municipality unless
26.20the commissioner determines that the official is qualified as provided in subdivision 3.
26.21    Subd. 3. Certification. The commissioner shall by rule establish certification
26.22criteria as proof of qualification according to subdivision 2. The commissioner may:
26.23    (1) prepare and conduct develop and administer written and practical examinations
26.24to determine if a person is qualified pursuant to subdivision 2 to be a building official;
26.25    (2) accept documentation of successful completion of testing programs developed
26.26and administered by nationally recognized testing agencies, as proof of qualification
26.27pursuant to subdivision 2; or
26.28    (3) determine qualifications by both clauses (1) and (2) satisfactory completion of
26.29clause (2) and a mandatory training program developed or approved by the commissioner.
26.30    Upon a determination of qualification under clause (1), (2), or both of them (3),
26.31the commissioner shall issue a certificate to the building official stating that the official
26.32is certified. Each person applying for examination and certification pursuant to this
26.33section shall pay a nonrefundable fee of $70. The commissioner or a designee may
26.34establish categories of certification that will recognize the varying complexities of code
26.35enforcement in the municipalities within the state. The commissioner shall provide
27.1educational programs designed to train and assist building officials in carrying out their
27.2responsibilities.
27.3    The Department of Employee Relations may, at the request of the commissioner,
27.4provide statewide testing services.
27.5    Subd. 4. Duties. Building officials shall, in the municipality for which they
27.6are designated, be responsible for all aspects of code administration for which they
27.7are certified, including the issuance of all building permits and the inspection of all
27.8manufactured home installations. The commissioner may direct a municipality with
27.9a building official to perform services for another municipality, and in that event the
27.10municipality being served shall pay the municipality rendering the services the reasonable
27.11costs of the services. The costs may be subject to approval by the commissioner.
27.12    Subd. 5. Oversight committee. (a) The commissioner shall establish a Code
27.13Administration Oversight Committee to evaluate, mediate, and that will, at the
27.14commissioner's request, recommend to the commissioner any administrative action,
27.15penalty, suspension, or revocation with respect appropriate action according to section
27.16326B.82, in response to complaints filed with or information received or obtained by the
27.17commissioner alleging or indicating that supports a finding that: (1) an individual has
27.18engaged in, or is about to engage in, the unauthorized performance of official the duties
27.19of a certified building official or the unauthorized use of the title certified building official,
27.20title; or a violation of (2) a certified building official has violated a statute, rule, stipulation,
27.21agreement, settlement, compliance agreement, cease and desist agreement, or order that
27.22the commissioner has adopted, issued, or is empowered has the authority to enforce and
27.23that is related to the duties of a certified building official.
27.24    (b) The committee consists shall consist of six members. One member shall be the
27.25commissioner's designee and five members shall be certified building officials, who are
27.26appointed by the commissioner. At least two of whom the appointed certified building
27.27officials must be from nonmetropolitan counties. For the committee members must be
27.28compensated according to who are not state officials or employees, their compensation
27.29and removal from the oversight committee is governed by section 15.059, subdivision 3.
27.30The commissioner's designee shall act as an ex-officio member of the oversight committee
27.31serve as the chair of the oversight committee and shall not vote. The terms of the appointed
27.32members of the oversight committee shall be four years. The terms of three of the
27.33appointed members shall be coterminous with the governor and the terms of the remaining
27.34two appointed members shall end on the first Monday in January one year after the terms
27.35of the other appointed members expire. An appointed member may be reappointed. The
27.36committee is not subject to the expiration provisions of section 15.059, subdivision 5.
28.1    (b) (c) If the commissioner has a reasonable basis to believe determines that
28.2a person an individual has engaged in an act or practice constituting the unauthorized
28.3performance of official the duties, of a certified building official or the unauthorized use
28.4of the title certified building official title, or that a violation of certified building official
28.5has violated a statute, rule, stipulation, agreement, settlement, compliance agreement,
28.6cease and desist agreement, or order that the commissioner has adopted, issued, or is
28.7empowered authorized to enforce that is related to the duties of a certified building official,
28.8the commissioner may proceed with take administrative actions or penalties as described
28.9in subdivision 5a or suspension or revocation as described in subdivision 5b. against the
28.10individual according to section 326B.082, subdivisions 7 and 11.
28.11    Subd. 5a. Administrative action and penalties. The commissioner shall, by rule,
28.12establish a graduated schedule of administrative actions for violations of sections 16B.59
28.13to 16B.75 and rules adopted under those sections. The schedule must be based on and
28.14reflect the culpability, frequency, and severity of the violator's actions. The commissioner
28.15may impose a penalty from the schedule on a certification holder for a violation of sections
28.1616B.59 to 16B.75 and rules adopted under those sections. The penalty is in addition to
28.17any criminal penalty imposed for the same violation. Administrative monetary penalties
28.18imposed by the commissioner must be paid to the special revenue fund.
28.19    Subd. 5b. Suspension; revocation. Grounds. Except as otherwise provided for by
28.20law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue
28.21or reissue a building official certification if the applicant, building official, or certification
28.22holder: In addition to the grounds specified in section 326B.082, subdivision 11, the
28.23commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or
28.24may censure an applicant or individual holding a certificate, if the applicant or individual:
28.25    (1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those
28.26sections; or
28.27    (2) engages in fraud, deceit, or misrepresentation while performing the duties of a
28.28certified building official;.
28.29    (3) makes a false statement in an application submitted to the commissioner or in a
28.30document required to be submitted to the commissioner; or
28.31    (4) violates an order of the commissioner.
28.32    Notice must be provided and the hearing conducted in accordance with the provisions
28.33of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or
28.34otherwise affects the authority of a municipality to dismiss or suspend a building official
28.35at its discretion, except as otherwise provided for by law.
29.1    Subd. 5c. Action against unlicensed persons. The commissioner may take any
29.2administrative action provided under section 326B.082, against an individual required
29.3to be certified under subdivision 3, based upon conduct that would provide grounds for
29.4action against a certificate holder under this section.
29.5    Subd. 6. Vacancies. In the event that a designated building official position is
29.6vacant within a municipality, that municipality shall designate a certified building official
29.7to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy
29.8or designation in writing within 15 days. If the municipality fails to designate a certified
29.9building official within 15 days of the occurrence of the vacancy, the state building official
29.10may provide state employees to serve that function as provided in subdivision 1 until the
29.11municipality makes a temporary or permanent designation. Municipalities must not issue
29.12permits without a designated certified building official.
29.13    Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the
29.14commissioner may by rule establish or approve continuing education programs for
29.15municipal certified building officials dealing with matters of building code administration,
29.16inspection, and enforcement.
29.17    Each person certified as a building official for the state must satisfactorily complete
29.18applicable educational programs established or approved by the commissioner every
29.19three calendar years to retain certification.
29.20    Each person certified as a building official must submit in writing to the
29.21commissioner an application for renewal of certification within 60 days of the last day of
29.22the third calendar year following the last certificate issued. Each application for renewal
29.23must be accompanied by proof of satisfactory completion of minimum continuing
29.24education requirements and the certification renewal fee established by the commissioner.
29.25    Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of
29.26labor and industry may by rule adopt standards dealing with renewal requirements.
29.27    (b) If the commissioner has not issued a notice of denial of application for a
29.28certificate holder and if the certificate holder has properly and timely filed a fully completed
29.29renewal application, then the certificate holder may continue to engage in building official
29.30activities whether or not the renewed certificate has been received. Applications must be
29.31made on a form approved by the commissioner. Each application for renewal must be
29.32fully completed, and be accompanied by proof of the satisfactory completion of minimum
29.33continuing education requirements and the certification renewal fee established by the
29.34commissioner. Applications are timely if received prior to the expiration of the most
30.1recently issued certificate. An application for renewal that does not contain all of the
30.2information requested is an incomplete application and will not be accepted.
30.3    Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the
30.4date of expiration if not properly renewed in according to subdivision 8, paragraph (b).
30.5    Subd. 10. Failure to renew. An individual who has failed to make a timely
30.6application for renewal of a certificate is not certified and must not serve as the designated
30.7building official for any municipality until a renewed certificate has been issued by the
30.8commissioner.
30.9EFFECTIVE DATE.This section is effective July 1, 2007.

30.10    Sec. 12. Minnesota Statutes 2006, section 16B.70, is amended to read:
30.1116B.70 SURCHARGE.
30.12    Subdivision 1. Computation. To defray the costs of administering sections
30.1316B.59 to 16B.76, a surcharge is imposed on all permits issued by municipalities in
30.14connection with the construction of or addition or alteration to buildings and equipment or
30.15appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
30.16receipts to award grants for code research and, development, and education.
30.17    If the fee for the permit issued is fixed in amount the surcharge is equivalent to
30.18one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other
30.19permits, the surcharge is as follows:
30.20    (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
30.21surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
30.22or alteration;
30.23    (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
30.24mill (.0004) of the value between $1,000,000 and $2,000,000;
30.25    (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
30.26mill (.0003) of the value between $2,000,000 and $3,000,000;
30.27    (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
30.28mill (.0002) of the value between $3,000,000 and $4,000,000;
30.29    (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
30.30mill (.0001) of the value between $4,000,000 and $5,000,000; and
30.31    (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
30.32mill (.00005) of the value that exceeds $5,000,000.
30.33    Subd. 2. Collection and reports. All permit surcharges must be collected by each
30.34municipality and a portion of them remitted to the state. Each municipality having a
30.35population greater than 20,000 people shall prepare and submit to the commissioner once
31.1a month a report of fees and surcharges on fees collected during the previous month
31.2but shall retain the greater of two percent or that amount collected up to $25 to apply
31.3against the administrative expenses the municipality incurs in collecting the surcharges.
31.4All other municipalities shall submit the report and surcharges on fees once a quarter
31.5but shall retain the greater of four percent or that amount collected up to $25 to apply
31.6against the administrative expenses the municipalities incur in collecting the surcharges.
31.7The report, which must be in a form prescribed by the commissioner, must be submitted
31.8together with a remittance covering the surcharges collected by the 15th day following
31.9the month or quarter in which the surcharges are collected. All money collected by the
31.10commissioner through surcharges and other fees prescribed by sections 16B.59 to 16B.75
31.11shall be deposited in the state government special revenue fund and is appropriated to the
31.12commissioner for the purpose of administering and enforcing the State Building Code
31.13under sections 16B.59 to 16B.75.
31.14    Subd. 3. Revenue to equal costs. Revenue received from the surcharge imposed
31.15in subdivision 1 should approximately equal the cost, including the overhead cost, of
31.16administering sections 16B.59 to 16B.75. By November 30 each year, the commissioner
31.17must report to the commissioner of finance and to the legislature on changes in the
31.18surcharge imposed in subdivision 1 needed to comply with this policy. In making this
31.19report, the commissioner must assume that the services associated with administering
31.20sections 16B.59 to 16B.75 will continue to be provided at the same level provided during
31.21the fiscal year in which the report is made.
31.22EFFECTIVE DATE.This section is effective July 1, 2007.

31.23    Sec. 13. Minnesota Statutes 2006, section 16B.72, is amended to read:
31.2416B.72 REFERENDA ON STATE BUILDING CODE IN
31.25NONMETROPOLITAN COUNTIES.
31.26    Notwithstanding any other provision of law to the contrary, a county that is not a
31.27metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote
31.28of the majority of its electors residing outside of municipalities that have adopted the State
31.29Building Code before January 1, 1977, that no part of the State Building Code except the
31.30building requirements for disabled persons with disabilities, the requirements for bleacher
31.31safety, and the requirements for elevator safety applies within its jurisdiction.
31.32    The county board may submit to the voters at a regular or special election the
31.33question of adopting the building code. The county board shall submit the question to
31.34the voters if it receives a petition for the question signed by a number of voters equal
32.1to at least five percent of those voting in the last general election. The question on the
32.2ballot must be stated substantially as follows:
32.3    "Shall the State Building Code be adopted in .......... County?"
32.4    If the majority of the votes cast on the proposition is in the negative, the State
32.5Building Code does not apply in the subject county, outside home rule charter or statutory
32.6cities or towns that adopted the building code before January 1, 1977, except the building
32.7requirements for disabled persons with disabilities, the requirements for bleacher safety,
32.8and the requirements for elevator safety do apply.
32.9    Nothing in this section precludes a municipality or town that has not adopted the
32.10State Building Code from adopting and enforcing by ordinance or other legal means the
32.11State Building Code within its jurisdiction.

32.12    Sec. 14. Minnesota Statutes 2006, section 16B.73, is amended to read:
32.1316B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
32.14LOCAL OPTION.
32.15    The governing body of a municipality whose population is less than 2,500 may
32.16provide that the State Building Code, except the requirements for disabled persons with
32.17disabilities, the requirements for bleacher safety, and the requirements for elevator
32.18safety, will not apply within the jurisdiction of the municipality, if the municipality is
32.19located in whole or in part within a county exempted from its application under section
32.2016B.72 . If more than one municipality has jurisdiction over an area, the State Building
32.21Code continues to apply unless all municipalities having jurisdiction over the area have
32.22provided that the State Building Code, except the requirements for disabled persons with
32.23disabilities, the requirements for bleacher safety, and the requirements for elevator safety,
32.24does not apply within their respective jurisdictions. Nothing in this section precludes a
32.25municipality or town from adopting and enforcing by ordinance or other legal means the
32.26State Building Code within its jurisdiction.

32.27    Sec. 15. Minnesota Statutes 2006, section 16B.735, is amended to read:
32.2816B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED
32.29PERSONS WITH DISABILITIES.
32.30    A statutory or home rule charter city that is not covered by the State Building Code
32.31because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in
32.32the city of the State Building Code's requirements for disabled persons with disabilities. In
32.33all other areas where the State Building Code does not apply because of action taken under
32.34section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements.

32.35    Sec. 16. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
33.1    Subdivision 1. Applicability. As used in For the purposes of sections 16B.61,
33.216B.72, 16B.73, and 16B.74
to 16B.746 16B.748 the terms "passenger or freight elevator,"
33.3"automatic operation" and "continuous pressure operation" defined in this section shall
33.4have the following meanings given them.
33.5EFFECTIVE DATE.This section is effective the day following final enactment.

33.6    Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
33.7    Subd. 2. Passenger or freight elevator. "Passenger or freight elevator" means
33.8all elevators except those that comply with the safety rules of the department of
33.9Administration relating to construction and installation and that have automatic operation
33.10or continuous pressure operation.

33.11    Sec. 18. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
33.12to read:
33.13    Subd. 7. Elevator inspection. "Elevator inspection" means an examination of
33.14elevator installations, repairs, alterations, removal, and construction for compliance with
33.15the State Building Code that may include witnessing tests performed on elevators by
33.16elevator personnel, performing tests on elevators, or an audit of records related to routine
33.17and periodic maintenance and testing, or any combination thereof when performed by the
33.18department or a municipality authorized to perform such inspections.
33.19EFFECTIVE DATE.This section is effective the day following final enactment.

33.20    Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
33.21to read:
33.22    Subd. 8. Elevator inspector. "Elevator inspector" means an individual who meets
33.23the requirements established pursuant to section 16B.748, clause (1), who is performing
33.24elevator inspections for the department or a municipality authorized to perform such
33.25inspections.
33.26EFFECTIVE DATE.This section is effective the day following final enactment.

33.27    Sec. 20. Minnesota Statutes 2006, section 16B.741, is amended to read:
33.2816B.741 ELEVATOR AVAILABLE FOR INSPECTION AND REPORTING.
33.29    Subdivision 1. Elevator available for inspection. A person, firm, entity, or
33.30corporation that owns or controls a building or other structure housing an elevator that is
33.31subject to inspection by the department, shall, upon request, provide access at a reasonable
33.32hour to the elevator for purposes of inspection.
34.1    Subd. 2. Persons required to report. The following persons shall report the
34.2information specified in subdivision 3 to the commissioner by January 1, 2008:
34.3    (a) any person that, between August 1, 2005, and July 31, 2007, has provided
34.4service, alteration, repair, or maintenance to any elevator located in Minnesota;
34.5    (b) any person that, between August 1, 2005, and July 31, 2007, has entered into an
34.6agreement to provide service, alteration, repair, or maintenance to any elevator located
34.7in Minnesota;
34.8    (c) any person that owns or controls an elevator located in Minnesota that, between
34.9August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or
34.10maintenance on the elevator; or
34.11    (d) any person that owns or controls an elevator located in Minnesota that, between
34.12August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service,
34.13alteration, repair, or maintenance on the elevator.
34.14    Subd. 3. Elevator location, type, and installation date. On a form prescribed by
34.15the commissioner, the persons required to report pursuant to subdivision 2 shall provide
34.16the following:
34.17    (a) the location of each elevator;
34.18    (b) the type of each elevator; and
34.19    (c) the date the elevator was installed.
34.20    Subd. 4. Definition. As used in this section, "elevator" is as defined in section
34.2116B.74, subdivision 5.
34.22EFFECTIVE DATE.This section is effective the day following final enactment.

34.23    Sec. 21. Minnesota Statutes 2006, section 16B.744, is amended to read:
34.2416B.744 ELEVATORS, ENTRANCES SEALED.
34.25    It shall be the duty of the department of Administration and the licensing authority
34.26of any municipality which adopts any such ordinance whenever it finds any such elevator
34.27under its jurisdiction in use in violation of any provision of sections 16B.74 to 16B.745 to
34.28seal the entrances of such elevator and attach a notice forbidding the use of such elevator
34.29until the provisions thereof are complied with.

34.30    Sec. 22. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:
34.31    Subdivision 1. Removal of seal. No person, firm, or corporation may remove any
34.32seal or notice forbidding the use of an elevator, except by authority of the department of
34.33Administration or the licensing authority having jurisdiction over the elevator, or operate
34.34an elevator after a notice has been attached forbidding its use, unless the notice has been
35.1removed by authority of the department of Administration or the licensing authority
35.2having jurisdiction over the elevator.

35.3    Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:
35.4    Subd. 4. Penalties. The commissioner of administration shall administer sections
35.516B.74 to 16B.749. In addition to the remedies provided for violations of this chapter,
35.6the commissioner may impose a penalty of up to $1,000 $10,000 for a violation of any
35.7provision of sections 16B.74 to 16B.749.

35.8    Sec. 24. Minnesota Statutes 2006, section 16B.747, is amended to read:
35.916B.747 FEES FOR LICENSURE AND INSPECTION.
35.10    Subdivision 1. Permits. No person, firm, or corporation may construct, install, alter,
35.11or remove an elevator without first filing an application for a permit with the department
35.12of Administration or a municipality authorized by subdivision 3 to inspect elevators.
35.13Upon successfully completing inspection and the payment of the appropriate fee, the
35.14owner must be granted an operating permit for the elevator.
35.15    Subd. 2. Contractor licenses. The commissioner may establish criteria for the
35.16qualifications of elevator contractors and issue licenses based upon proof of the applicant's
35.17qualifications.
35.18    Subd. 3. Permissive municipal regulation. A municipality may conduct a system
35.19of elevator inspection in conformity with this chapter, State Building Code requirements,
35.20and adopted rules that includes the inspection of elevator installation, repair, alteration,
35.21and removal, construction, and the routine and periodic inspection and testing of existing
35.22elevators. The municipality shall employ inspectors meeting the minimum requirements
35.23established by Minnesota Rules to perform the inspections and to witness the tests. A
35.24municipality may establish and retain its own fees for inspection of elevators and related
35.25devices in its jurisdiction. A municipality may not adopt standards that do not conform to
35.26the uniform standards prescribed by the department.
35.27    If the commissioner determines that a municipality is not properly administering
35.28and enforcing the law, rules, and codes, the commissioner shall have the inspection,
35.29administration, and enforcement undertaken by a qualified inspector employed by the
35.30department.
35.31    Subd. 4. Deposit of fees. Fees received under this section must be deposited in the
35.32state treasury and credited to the special revenue fund.
35.33EFFECTIVE DATE.This section is effective July 1, 2007.

35.34    Sec. 25. Minnesota Statutes 2006, section 16B.748, is amended to read:
36.116B.748 RULES.
36.2    The commissioner may adopt rules for the following purposes:
36.3    (1) to establish minimum qualifications for elevator inspectors that must include
36.4possession of a current elevator constructor electrician's license issued by the State Board
36.5of Electricity department and proof of successful completion of the national elevator
36.6industry education program examination or equivalent experience;
36.7    (2) to establish minimum qualifications for elevator inspectors;
36.8    (2) (3) to establish criteria for the qualifications of elevator contractors;
36.9    (3) (4) to establish elevator standards under sections 16B.61, subdivisions 1 and
36.102
, and 16B.64;
36.11    (4) (5) to establish procedures for appeals of decisions of the commissioner under
36.12chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
36.13advice from the elevator trade, building owners or managers, and others knowledgeable in
36.14the installation, construction, and repair of elevators; and
36.15    (5) (6) to establish requirements for the registration of all elevators.
36.16EFFECTIVE DATE.This section is effective the day following final enactment.

36.17    Sec. 26. Minnesota Statutes 2006, section 16B.76, is amended to read:
36.1816B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
36.19    Subdivision 1. Membership. (a) The Construction Codes Advisory Council
36.20consists of the following members:
36.21    (1) the commissioner of administration or the commissioner's designee representing
36.22the department's Building Codes and Standards Construction Codes and Licensing
36.23Division;
36.24    (2) the commissioner of health or the commissioner's designee representing an
36.25Environmental Health Section of the department;
36.26    (3) (2) the commissioner of public safety or the commissioner's commissioner of
36.27public safety's designee representing the department's Department of Public Safety's State
36.28Fire Marshal Division;
36.29    (4) the commissioner of commerce or the commissioner's designee representing
36.30the department's State Energy Office; and
36.31    (5) (3) one member representing, appointed by the commissioner, engaged in each
36.32of the following occupations or, entities, appointed by the commissioner of administration
36.33or industries:
36.34    (i) a certified building official officials;
36.35    (ii) a fire service representative chiefs or fire marshals;
37.1    (iii) a licensed architect architects;
37.2    (iv) a licensed engineer professional engineers;
37.3    (v) a building owners and managers representative commercial building owners
37.4and managers;
37.5    (vi) a the licensed residential building contractor industry;
37.6    (vii) a the commercial building contractor industry;
37.7    (viii) a the heating and ventilation contractor industry;
37.8    (ix) a the plumbing contractor industry;
37.9(x) the ventilation industry;
37.10(xi) the power limited industry;
37.11    (x) (xii) a representative of a construction and building trades union; and member of
37.12the Board of Electricity;
37.13    (xi) a local unit of government representative. (xiii) the high pressure piping
37.14industry;
37.15    (xiv) the boiler industry;
37.16    (xv) the manufactured housing industry;
37.17    (xvi) public utility suppliers;
37.18    (xvii) the Minnesota Building and Construction Trades Council; and
37.19    (xviii) local units of government.
37.20    (b) The commissioner or the commissioner's designee representing the department's
37.21Construction Codes and Licensing Division shall serve as chair of the advisory council.
37.22For members who are not state officials or employees, terms, compensation, and removal,
37.23and the filling of vacancies of members of the advisory council are governed by section
37.2415.059 . The council shall select one of its members to serve as chair. The terms of the
37.25members of the advisory council shall be four years. The terms of eight of the appointed
37.26members shall be coterminous with the governor and the terms of the remaining nine
37.27appointed members shall end on the first Monday in January one year after the terms of
37.28the other appointed members expire. An appointed member may be reappointed. Each
37.29council member shall appoint an alternate to serve in their absence. The committee is not
37.30subject to the expiration provision of section 15.059, subdivision 5.
37.31    (c) The council expires June 30, 2003.
37.32    Subd. 1a. Rulemaking authority. The council shall adopt rules relating to building
37.33construction and model the rules to building construction codes generally accepted and in
37.34use throughout the United States with consideration given to existing statewide specialty
37.35codes presently in use in Minnesota.
38.1    Subd. 2. Duties of council. The council shall review laws, codes, rules, standards,
38.2and licensing requirements relating to building construction and may:
38.3    (1) recommend ways to eliminate inconsistencies, to streamline construction
38.4regulation and construction processes procedures, and to improve procedures within
38.5and among jurisdictions;
38.6    (2) review and comment on current and proposed laws and rules to promote
38.7coordination and consistency;
38.8    (3) advise agencies on possible changes in rules to make them easier to understand
38.9and apply; and
38.10    (4) promote the coordination, within each jurisdiction, of the administration and
38.11enforcement of construction codes.
38.12    The council shall meet a minimum of four times each year. The council shall
38.13report its findings and recommendations to the commissioner of administration and
38.14the head of any other affected agency by the end of each calendar year. The council
38.15may shall recommend changes in laws or rules governing building construction. The
38.16council may shall establish subcommittees to facilitate its work. If the council establishes
38.17subcommittees, it shall include in their memberships representation from entities and
38.18organizations expressing an interest in membership. The commissioner of administration
38.19shall maintain a list of interested entities and organizations.
38.20    Subd. 3. Agency cooperation. State agencies and local governmental units shall
38.21cooperate with the council and, so far as possible, provide information or assistance to
38.22it upon its request. The commissioner of administration shall provide necessary staff
38.23and administrative support to the council.

38.24    Sec. 27. Minnesota Statutes 2006, section 326.992, is amended to read:
38.25326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
38.26    (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
38.27fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for
38.28all work entered into within the state. The bond must be for the benefit of persons suffering
38.29financial loss by reason of the contractor's failure to comply with the requirements of the
38.30State Mechanical Code. A bond given to the state must be filed with the commissioner
38.31of administration and is in lieu of all other bonds to any political subdivision required for
38.32work covered by this section. The bond must be written by a corporate surety licensed to
38.33do business in the state.
38.34    (b) The commissioner of administration may charge each person giving bond under
38.35this section an annual bond filing fee of $15. The money must be deposited in a special
39.1revenue fund and is appropriated to the commissioner to cover the cost of administering
39.2the bond program.
39.3EFFECTIVE DATE.This section is effective July 1, 2007.

39.4    Sec. 28. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:
39.5    Subd. 2. Authorized representative. "Authorized representative" means any
39.6person, firm or corporation, or employee thereof, approved or hired by the commissioner
39.7of labor and industry to perform inspection services.

39.8    Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:
39.9    Subd. 3. Manufactured Home Building Code. "Manufactured Home Building
39.10Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June
39.1115, 1976, the standards code promulgated by the American National Standards Institute
39.12and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971,
39.13or the provisions of the National Fire Protection Association and identified as NFPA 501B,
39.14and further revisions adopted by the commissioner of labor and industry.
39.15    "Manufactured Home Building Code" means, for manufactured homes constructed
39.16after June 14, 1976, the manufactured home construction and safety standards promulgated
39.17by the United States Department of Housing and Urban Development which are in effect
39.18at the time of the manufactured home's manufacture.

39.19    Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:
39.20    Subd. 4. Commissioner. "Commissioner" means the commissioner of
39.21administration labor and industry.

39.22    Sec. 31. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision
39.23to read:
39.24    Subd. 6a. Individual. "Individual" means a human being.

39.25    Sec. 32. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:
39.26    Subd. 7. Person. "Person" means a person, partnership, corporation or other legal
39.27entity any individual, limited liability company, corporation, partnership, incorporated
39.28or unincorporated association, sole proprietorship, joint stock company, or any other
39.29legal or commercial entity.

39.30    Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:
39.31    Subd. 15. Purchaser. "Purchaser" means the first person individual purchasing a
39.32manufactured home in good faith for purposes other than resale.

39.33    Sec. 34. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:
40.1    Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer
40.2shall establish and maintain records, make reports, and provide information as the
40.3commissioner or the secretary may reasonably require to be able to determine whether
40.4the manufacturer, distributor, or dealer has acted or is acting in compliance with sections
40.5327.31 to 327.35, and shall, upon request of a person duly designated by the commissioner
40.6or the secretary, permit that person to inspect appropriate books, papers, records, and
40.7documents relevant to determining whether that manufacturer, distributor, or dealer
40.8has acted or is acting in compliance with sections 327.31 to 327.35, and the National
40.9Manufactured Home Construction and Safety Standards Act of 1974, United States
40.10Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing
40.11Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement
40.12Act of 2000, or other applicable federal or state law.

40.13    Sec. 35. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
40.14    Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
40.15installation seals and inspections which are sufficient to cover all costs incurred in the
40.16administration of sections 327.31 to 327.35. The commissioner shall also establish by
40.17rule a monitoring inspection fee in an amount that will comply with the secretary's fee
40.18distribution program. This monitoring inspection fee shall be an amount paid by the
40.19manufacturer for each manufactured home produced in Minnesota. The monitoring
40.20inspection fee shall be paid by the manufacturer to the secretary. The rules of the
40.21fee distribution program require the secretary to distribute the fees collected from all
40.22manufactured home manufacturers among states approved and conditionally approved
40.23based on the number of new manufactured homes whose first location after leaving the
40.24manufacturer is on the premises of a distributor, dealer or purchaser in that state. All
40.25money collected by the commissioner through fees prescribed by sections 327.31 to
40.26327.36 shall be deposited in the state government special revenue fund and is appropriated
40.27to the commissioner for the purpose of administering and enforcing the Manufactured
40.28Home Building Code under sections 327.31 to 327.36.
40.29EFFECTIVE DATE.This section is effective July 1, 2007.

40.30    Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
40.31    Subd. 6. Authorization as agency. The commissioner shall apply to the secretary
40.32for approval of the commissioner as the administrative agency for the regulation of
40.33manufactured homes under the rules of the secretary. The commissioner may make
40.34rules for the administration and enforcement of department responsibilities as a state
40.35administrative agency including, but not limited to, rules for the handling of citizen's
41.1complaints. All money received for services provided by the commissioner or the
41.2department's authorized agents as a state administrative agency shall be deposited in
41.3the general construction code fund. The commissioner is charged with the adoption,
41.4administration, and enforcement of the Manufactured Home Construction and Safety
41.5Standards, consistent with rules and regulations promulgated by the United States
41.6Department of Housing and Urban Development. The commissioner may adopt the
41.7rules, codes, and standards necessary to enforce the standards promulgated under this
41.8section. The commissioner is authorized to conduct hearings and presentations of views
41.9consistent with regulations adopted by the United States Department of Housing and
41.10Urban Development and to adopt rules in order to carry out this function.
41.11EFFECTIVE DATE.This section is effective July 1, 2007.

41.12    Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:
41.13    Subd. 7. Employees. The commissioner may appoint such employees within
41.14the Department of Administration Labor and Industry as deemed necessary for the
41.15administration of sections 327.31 to 327.35.

41.16    Sec. 38. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:
41.17    Subd. 3. Removal of seals. Manufactured home seals remain the property of
41.18the Department of Administration Labor and Industry and may be removed by the
41.19commissioner from any manufactured home which is in violation of the Manufactured
41.20Home Building Code.

41.21    Sec. 39. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:
41.22    Subdivision 1. Civil Monetary penalty. Notwithstanding the penalty amount of
41.23section 326B.082, subdivisions 7 and 12, any person who violates any provision of this
41.24section is liable to the state of Minnesota for a civil monetary penalty of not to exceed
41.25$1,000 for each offense violation. Each violation involving a separate manufactured home
41.26or involving a separate failure or refusal to allow or perform any act required by this
41.27section constitutes a separate offense violation, except that the maximum civil monetary
41.28penalties for any related series of violations occurring within one year from the date of the
41.29first violation may not exceed $1,000,000.

41.30    Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:
41.31    Subd. 2. Willful violations. Any individual or a director, officer, or agent of a
41.32corporation who knowingly and willfully violates any provision of this section in a manner
41.33which threatens the health or safety of any purchaser shall be fined not more than $3,000
41.34or imprisoned not more than one year, or both guilty of a gross misdemeanor.

42.1    Sec. 41. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:
42.2    Subd. 4. Commissioner. "Commissioner" means the commissioner of
42.3administration labor and industry.

42.4    Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:
42.5    Subd. 5. Consumer customer. "Consumer customer" means any natural person
42.6individual who, primarily for personal, household or family purposes, buys, sells, or seeks
42.7to buy or sell, a manufactured home from, to or through a dealer or manufacturer.

42.8    Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:
42.9    Subd. 7. Dealer or retailer. "Dealer" or "retailer" means any person who engages
42.10in the business, either exclusively or in addition to any other occupation, of selling or
42.11brokering manufactured homes, new or used, or who offers to sell, solicit, broker or
42.12advertise the sale of manufactured homes, new or used.

42.13    Sec. 44. Minnesota Statutes 2006, section 327B.01, is amended by adding a
42.14subdivision to read:
42.15    Subd. 10a. Individual. "Individual" means a human being.

42.16    Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a
42.17subdivision to read:
42.18    Subd. 11a. Licensee. "Licensee" means a person who is licensed as a dealer, limited
42.19dealer, or manufacturer by the Department of Labor and Industry.

42.20    Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a
42.21subdivision to read:
42.22    Subd. 11b. Limited dealer or limited retailer. "Limited dealer" or "limited
42.23retailer" means any person who is an owner of a manufactured home park authorized, as
42.24principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale
42.25of used manufactured homes located in the owned manufactured home park, who is the
42.26title holder and engages in no more than ten sales annually.

42.27    Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a
42.28subdivision to read:
42.29    Subd. 14a. Manufacturing facility. "Manufacturing facility" means the physical
42.30site where a manufacturer engages in the business of manufacture, assembly, or production
42.31of manufactured homes.

42.32    Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a
42.33subdivision to read:
43.1    Subd. 16a. Owner. "Owner" means any person holding title to a manufactured
43.2home park or manufactured homes.

43.3    Sec. 49. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:
43.4    Subd. 17. Person. "Person" means any individual, limited liability company,
43.5corporation, firm, partnership, incorporated and unincorporated association, sole
43.6proprietorship, joint stock company, or any other legal or commercial entity.

43.7    Sec. 50. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:
43.8    Subdivision 1. License and, bond, and liability insurance required. No person
43.9shall act as a dealer in manufactured homes, new or used, without a license and, a surety
43.10bond, and liability insurance as provided in this section. No person shall manufacture
43.11manufactured homes without a license and for each manufacturing facility shipping into or
43.12located within Minnesota's boundaries, a surety bond, and liability insurance as provided
43.13in this section. The licensing and bonding requirements of this section do not apply to
43.14any bank, savings bank, savings association, or credit union, chartered by either this state
43.15or the federal government, which acts as a dealer only by repossessing manufactured
43.16homes and then offering the homes for resale.

43.17    Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:
43.18    Subd. 4. License prerequisites. No application shall be granted nor license issued
43.19until the applicant proves to the commissioner that:
43.20    (a) the applicant has a permanent, established place of business at each licensed
43.21location. An "established place of business" means a permanent enclosed building other
43.22than a residence, or a commercial office space, either owned by the applicant or leased by
43.23the applicant for a term of at least one year, located in an area where zoning regulations
43.24allow commercial activity, and where the books, records and files necessary to conduct
43.25the business are kept and maintained. The owner of a licensed manufactured home park
43.26who resides in or adjacent to the park may use the residence as the established place of
43.27business required by this subdivision, unless prohibited by local zoning ordinance.
43.28    If a license is granted, the licensee may use unimproved lots and premises for sale,
43.29storage, and display of manufactured homes, if the licensee first notifies the commissioner
43.30in writing;
43.31    (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
43.32homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
43.33of the new manufactured home it proposes to deal in;
43.34    (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the
43.35agency and each subagency location that bears the applicant's name and the name under
44.1which the applicant will be licensed and do business in this state. Each bond is for the
44.2protection of consumer customers, and must be executed by the applicant as principal and
44.3issued by a surety company admitted to do business in this state. The Each bond shall be
44.4exclusively for the purpose of reimbursing consumer customers and shall be conditioned
44.5upon the faithful compliance by the applicant with all of the laws and rules of this state
44.6pertaining to the applicant's business as a dealer or manufacturer, including sections
44.7325D.44 , 325F.67 and 325F.69, and upon the applicant's faithful performance of all its
44.8legal obligations to consumer customers; and (2) a certificate of liability insurance in the
44.9amount of $1,000,000 that provides coverage for the agency and each subagency location;
44.10    (d) the applicant has established a trust account as required by section 327B.08,
44.11subdivision 3
, unless the applicant states in writing its intention to limit its business to
44.12selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
44.13    (e) the applicant has provided evidence of having had at least two years' prior
44.14experience in the sale of manufactured homes, working for a licensed dealer.

44.15    Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:
44.16    Subd. 6. Certificate of license. For each license granted the commissioner shall
44.17issue a certificate which includes the name of the licensee, the name of the surety company
44.18and the amount of the surety bond, and the insurance underwriter and policy number, the
44.19names and addresses of any related principal or subagencies, and a license number.

44.20    Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
44.21    Subd. 7. Fees; licenses; when granted. Each application for a license or license
44.22renewal must be accompanied by a fee in an amount established by the commissioner
44.23by rule pursuant to section 327B.10. The fees shall be set in an amount which over
44.24the fiscal biennium will produce revenues approximately equal to the expenses which
44.25the commissioner expects to incur during that fiscal biennium while administering and
44.26enforcing sections 327B.01 to 327B.12. All money collected by the commissioner
44.27through fees prescribed in sections 327B.01 to 327B.12 shall be deposited in the state
44.28government special revenue fund and is appropriated to the commissioner for purposes of
44.29administering and enforcing the provisions of this chapter. The commissioner shall grant
44.30or deny a license application or a renewal application within 60 days of its filing. If the
44.31license is granted, the commissioner shall license the applicant as a dealer or manufacturer
44.32for the remainder of the calendar year. Upon application by the licensee, the commissioner
44.33shall renew the license for a two year period, if:
44.34    (a) the renewal application satisfies the requirements of subdivisions 3 and 4;
44.35    (b) the renewal applicant has made all listings, registrations, notices and reports
44.36required by the commissioner during the preceding year; and
45.1    (c) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
45.2327B.12 and all taxes, arrearages, and penalties owed to the state.
45.3EFFECTIVE DATE.This section is effective July 1, 2007.

45.4    Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:
45.5    Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's
45.6license to an owner of a manufactured home park authorizing the licensee as principal
45.7only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
45.8manufactured homes located in the owned manufactured home park. The licensee must
45.9be the title holder of the homes and may engage in no more than ten sales annually. An
45.10owner may, upon payment of the applicable fee and compliance with this subdivision,
45.11obtain a separate license for each owned manufactured home park and is entitled to sell up
45.12to ten homes per license provided that only one limited dealer license may be issued for
45.13each park. The license shall be issued after:
45.14    (1) receipt of an application on forms provided by the commissioner containing
45.15the following information:
45.16    (i) the identity of the applicant;
45.17    (ii) the name under which the applicant will be licensed and do business in this state;
45.18    (iii) the name and address of the owned manufactured home park, including a copy
45.19of the park license, serving as the basis for the issuance of the license; and
45.20    (iv) the name, home, and business address of the applicant;
45.21    (v) the name, address, and telephone number of one individual that is designated
45.22by the applicant to receive all communications and cooperate with all inspections and
45.23investigations of the commissioner pertaining to the sale of manufactured homes in the
45.24manufactured home park owned by the applicant;
45.25    (vi) whether the applicant or its designated individual has been convicted of a crime
45.26within the previous ten years that is either related directly to the business for which the
45.27license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
45.28judgment in a civil action involving fraud, misrepresentation, or conversion within the
45.29previous five years or has had any government license or permit suspended or revoked
45.30as a result of an action brought by a federal or state governmental agency in this or any
45.31other state within the last five years; and
45.32    (vii) the applicant's qualifications and business history, including whether the
45.33applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
45.34any unsatisfied court judgments outstanding against it or them;
45.35    (2) payment of a $100 annual fee; and
46.1    (3) provision of a surety bond in the amount of $5,000. A separate surety bond
46.2must be provided for each limited license.
46.3    The applicant need not comply with section 327B.04, subdivision 4, paragraph (e).
46.4The holding of a limited dealer's license does not satisfy the requirement contained in
46.5section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect
46.6to obtaining a dealer license. The commissioner may, upon application for a renewal of
46.7a license, require only a verification that copies of sales documents have been retained
46.8and payment of a $100 renewal fee. "Sales documents" mean only the safety feature
46.9disclosure form defined in section 327C.07, subdivision 3a, title of the home, financing
46.10agreements, and purchase agreements.
46.11    The license holder shall, upon request of the commissioner, make available for
46.12inspection during business hours sales documents required to be retained under this
46.13subdivision.

46.14    Sec. 55. Minnesota Statutes 2006, section 327B.04, is amended by adding a
46.15subdivision to read:
46.16    Subd. 8a. Service. Service of a document on a limited dealer licensed under this
46.17section may be effected by mail to or by personal service on: (1) the licensee at the
46.18licensee's last known address; or (2) the individual designated by the licensee at that
46.19individual's last known address.

46.20    Sec. 56. [327B.042] NOTICE TO COMMISSIONER.
46.21    Subdivision 1. Notification. A person licensed as a dealer, limited dealer, or
46.22manufacturer shall notify the commissioner of the occurrence of any of the events in
46.23subdivisions 2 to 5.
46.24    Subd. 2. Change in application information. A licensee shall notify the
46.25commissioner in writing within ten days of the change of any change in information
46.26contained in the most recent license application on file with the commissioner, which
46.27shall include any change in the information pertaining to the individual designated under
46.28section 327B.04, subdivision 8, clause (1), item (vi).
46.29    Subd. 3. Civil judgment. A licensee shall notify the commissioner in writing
46.30within ten days of any decision of a court regarding a proceeding in which the licensee
46.31was named as a defendant, and in which fraud, misrepresentation, or the conversion of
46.32funds was found to have been committed by the licensee.
46.33    Subd. 4. Disciplinary action in another state. A licensee shall notify the
46.34commissioner in writing within ten days of the condition, reprimand, censure, limitation,
46.35suspension, or revocation of any other professional or occupational license, registration,
47.1permit, or certificate held by the licensee in this or any other state, or any other United
47.2States jurisdiction.
47.3    Subd. 5. Criminal offense. A licensee shall notify the commissioner in
47.4writing within ten days if the licensee is found guilty of a felony, gross misdemeanor,
47.5misdemeanor, or any comparable offense related to manufactured home sales, improper
47.6business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer
47.7laws in this or any other state, or any other United States jurisdiction.

47.8    Sec. 57. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:
47.9    Subdivision 1. Grounds. In addition to the grounds in section 326B.082,
47.10subdivision 11, the commissioner may by order deny, suspend, limit, place conditions
47.11on, or revoke any the application or license on finding (1) that the order is in the public
47.12interest and (2) that the of any applicant or licensee or any of its directors, officers, limited
47.13or general partners, controlling shareholders, or affiliates for any of the following grounds:
47.14    (a) has filed an application for a license or a license renewal which fails to disclose
47.15any material information or contains any statement which is false or misleading with
47.16respect to any material fact;
47.17    (b) (a) has violated any of the provisions of sections 327B.01 to 327B.12 or any
47.18rule or order issued by the commissioner or any prior law providing for the licensing of
47.19manufactured home dealers or manufacturers;
47.20    (c) (b) has had a previous manufacturer or dealer license revoked in this or any
47.21other state;
47.22    (d) (c) has engaged in acts or omissions which have been adjudicated or amount to a
47.23violation of any of the provisions of section 325D.44, 325F.67 or 325F.69;
47.24    (e) (d) has sold or brokered the sale of a home containing a material violation of
47.25sections 327.31 to 327.35 about which the dealer knew or which should have been obvious
47.26to a reasonably prudent dealer;
47.27    (f) (e) has failed to make or provide all listings, notices and reports required by
47.28the commissioner;
47.29    (g) (f) has failed to pay a civil penalty assessed under subdivision 5 within ten
47.30days after the assessment becomes final;
47.31    (h) (g) has failed to pay to the commissioner or other responsible government agency
47.32all taxes, fees and arrearages due;
47.33    (i) (h) has failed to duly apply for license renewal;
47.34    (j) (i) has violated any applicable manufactured home building or safety code;
47.35    (k) (j) has failed or refused to honor any express or implied warranty as provided
47.36in section 327B.03;
48.1    (l) (k) has failed to continuously occupy a permanent, established place of business
48.2licensed under section 327B.04;
48.3    (m) (l) has, without first notifying the commissioner, sold a new and unused
48.4manufactured home other than the make of manufactured home described in a franchise or
48.5contract filed with the application for license or license renewal;
48.6    (n) (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;
48.7    (o) (n) is insolvent or bankrupt;
48.8    (p) (o) holds an impaired or canceled bond;
48.9    (q) (p) has failed to notify the commissioner of bankruptcy proceedings within ten
48.10days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
48.11    (r) (q) has, within the previous ten years, been convicted of a crime that either related
48.12directly to the business of the dealer or manufacturer or involved fraud, misrepresentation
48.13or misuse of funds;
48.14    (s) (r) has suffered a judgment within the previous five years in a civil action
48.15involving fraud, misrepresentation or misuse of funds; or
48.16    (t) (s) has failed to reasonably supervise any employee or agent of the dealer or
48.17manufacturer, resulting in injury or harm to the public.
48.18    The commissioner may establish rules pursuant to section 327B.10 further
48.19specifying, defining or establishing standards of conduct for manufactured home dealers
48.20and manufacturers.

48.21    Sec. 58. Minnesota Statutes 2006, section 327B.10, is amended to read:
48.22327B.10 RULEMAKING AUTHORITY.
48.23    The commissioner may promulgate rules and issue orders reasonably necessary
48.24to implement and administer the provisions of sections 327B.01 to 327B.12. The
48.25commissioner shall adopt rules establishing and approving education programs for
48.26manufactured home installers. Each manufactured home installer must satisfactorily
48.27complete the continuing education requirements established by the commissioner in rule.

48.28    Sec. 59. REVISOR'S INSTRUCTION.
48.29    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
48.30column A with the number listed in column B. The revisor shall also make necessary
48.31cross-reference changes consistent with the renumbering.
48.32
Column A
Column B
48.33
16B.59
326B.101
48.34
16B.60, subd. 1
326B.103, subd. 1
48.35
16B.60, subd. 2
326B.103, subd. 4
48.36
16B.60, subd. 3
326B.103, subd. 9
49.1
16B.60, subd. 4
326B.103, subd. 5
49.2
16B.60, subd. 5
326B.103, subd. 3
49.3
16B.60, subd. 6
326B.103, subd. 11
49.4
16B.60, subd. 7
326B.103, subd. 10
49.5
16B.60, subd. 8
326B.103, subd. 12
49.6
16B.60, subd. 9
326B.103, subd. 8
49.7
16B.60, subd. 10
326B.103, subd. 7
49.8
16B.60, subd. 11
326B.103, subd. 13
49.9
16B.60, subd. 12
326B.103, subd. 6
49.10
16B.60, subd. 13
326B.103, subd. 2
49.11
16B.61
326B.106
49.12
16B.615
326B.109
49.13
16B.616
326B.112
49.14
16B.617
326B.115
49.15
16B.6175
326B.118
49.16
16B.62
326B.121
49.17
16B.625
326B.124
49.18
16B.63
326B.127
49.19
16B.64
326B.13
49.20
16B.65
326B.133
49.21
16B.66
326B.136
49.22
16B.67
326B.139
49.23
16B.68
326B.142
49.24
16B.685
326B.145
49.25
16B.70
326B.148
49.26
16B.71
326B.151
49.27
16B.72
326B.154
49.28
16B.73
326B.157
49.29
16B.735
326B.16
49.30
16B.74
326B.163
49.31
16B.741
326B.166
49.32
16B.742
326B.169
49.33
16B.743
326B.172
49.34
16B.744
326B.175
49.35
16B.745
326B.178
49.36
16B.746
326B.181
49.37
16B.747
326B.184
49.38
16B.748
326B.187
49.39
16B.749
326B.191
49.40
16B.75
326B.194
49.41
16B.76
326B.07
49.42
326.992
326B.197

49.43ARTICLE 5
50.1ELECTRICAL

50.2    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:
50.3    Subd. 2. Class A master electrician. The term "Class A master electrician"
50.4means a person an individual having the necessary qualifications, training, experience,
50.5and technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
50.6altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power,
50.7and other purposes perform and supervise any electrical work, and who is licensed as such
50.8a Class A master electrician by the Board of Electricity commissioner.

50.9    Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:
50.10    Subd. 3. Class A journeyman electrician. The term "Class A journeyman
50.11electrician" means a person an individual having the necessary qualifications, training,
50.12experience, and technical knowledge to install, alter, repair, and supervise the installing,
50.13altering, or repairing of electrical wiring, apparatus, and equipment for light, heat,
50.14power, and other purposes perform and supervise any electrical work except for planning
50.15or laying out of electrical wiring, and who is licensed as such a Class A journeyman
50.16electrician by the Board of Electricity.

50.17    Sec. 3. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
50.18to read:
50.19    Subd. 4a. Elevator constructor. "Elevator constructor" means an individual having
50.20the necessary qualifications, training, experience, and technical knowledge to wire for,
50.21install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and
50.22escalators and who is licensed as an elevator constructor by the board.

50.23    Sec. 4. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
50.24to read:
50.25    Subd. 4b. Elevator contractor. "Elevator contractor" means a licensed contractor
50.26whose responsible licensed individual is a licensed master elevator constructor. An
50.27elevator contractor license does not itself qualify its holder to perform or supervise the
50.28electrical/elevator work authorized by holding any other personal license issued by the
50.29board.

50.30    Sec. 5. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
50.31to read:
50.32    Subd. 4c. Lineman. "Lineman" means an individual having the necessary
50.33qualifications, training, experience, and technical knowledge to construct and maintain
50.34transmission and distribution systems that are or will be owned or leased by an electrical
50.35utility, and who is licensed as a lineman by the board.

51.1    Sec. 6. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
51.2to read:
51.3    Subd. 4d. Maintenance electrician. "Maintenance electrician" means an individual
51.4having the necessary qualifications, training, experience, and technical knowledge to
51.5properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed
51.6as a maintenance electrician by the board or who is exempt from licensing by sections
51.7326.241 to 326.248.

51.8    Sec. 7. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
51.9to read:
51.10    Subd. 4e. Master elevator constructor. "Master elevator constructor" means
51.11an individual having the necessary qualifications, training, experience, and technical
51.12knowledge to properly plan, lay out, and supervise the installation, maintenance, and
51.13repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed
51.14as a master elevator constructor by the board.

51.15    Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:
51.16    Subd. 5. Contractor. The term "Contractor" means a person, partnership, or
51.17corporation operating a business that undertakes who performs or offers to undertake to
51.18plan for, lay out, or install or to make additions, alterations, or repairs in the installation
51.19of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes
51.20perform any electrical work, with or without compensation, who is licensed as such a
51.21contractor by the Board of Electricity. A contractor's license does not of itself qualify its
51.22holder to perform or supervise the electrical work authorized by holding any class of
51.23electrician's or other personal electrical license. Contractor includes electrical contractors
51.24and technology system contractors.

51.25    Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:
51.26    Subd. 6. Class B master electrician. The term "Class B master electrician" means
51.27a person an individual having the necessary qualifications, training, experience, and
51.28technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
51.29altering, and repairing of electrical wiring, apparatus, and equipment for single phase
51.30systems of not over 200 ampere capacity for light, heat, power, and other purposes on any
51.31farm or in any single family dwelling located in any town or municipality which has a
51.32population of less than 2500 2,500 inhabitants, and who is licensed as such a Class B
51.33master electrician by the Board of Electricity.

51.34    Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:
52.1    Subd. 6a. Class B journeyman electrician. The term "Class B journeyman
52.2electrician" means a person an individual having the necessary qualifications, training,
52.3experience, and technical knowledge to install, alter, repair, and supervise the installing,
52.4altering, or repairing of electrical wiring, apparatus, and equipment for single phase
52.5systems of not more than 200 ampere capacity for light, heat, power, and other purposes
52.6on any farm or in any single family dwelling located in any town or municipality which
52.7has a population of less than 2500 2,500 inhabitants, and who is licensed as such a Class B
52.8journeyman electrician by the Board of Electricity.

52.9    Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:
52.10    Subd. 6b. Class A installer. The term "Class A installer" means a person an
52.11individual who has the necessary qualifications, training, experience, and technical
52.12knowledge to properly lay out and install electrical wiring, apparatus, and equipment for
52.13major electrical home appliances and such other electrical equipment as is determined
52.14by the state Board of Electricity pursuant to section 326.242, subdivision 3, on the load
52.15side of the main service on farmsteads or in any town or municipality with less than 1,500
52.16inhabitants, which is not contiguous to a city of the first class and does not contain an
52.17established business of a master electrician, and who is licensed as such a Class A installer
52.18by the state Board of Electricity.

52.19    Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:
52.20    Subd. 6c. Class B installer. The term "Class B installer" means a person an
52.21individual who has the necessary qualifications, training, experience, and technical
52.22knowledge to properly lay out and install electrical wiring, apparatus, and equipment on
52.23center pivot irrigation booms on the load side of the main service on farmsteads, and
52.24install other electrical equipment determined by the state Board of Electricity., and who is
52.25licensed as a Class B installer must be licensed by the Board of Electricity.

52.26    Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:
52.27    Subd. 6e. Owner. An owner is a natural person an individual who physically
52.28performs electrical work on premises the person individual owns and actually occupies as
52.29a residence or owns and will occupy as a residence upon completion of its construction.

52.30    Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:
52.31    Subd. 6f. Electrical work. The term "Electrical work" means the installing,
52.32altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment
52.33for electrical light, heat, power, technology circuits or systems, or other purposes. The
52.34installing, alteration altering, repairing, planning, or laying out of electrical wiring,
52.35apparatus, or equipment for electrical light, heat, power, technology circuits or systems,
53.1or other purposes includes, but is not limited to, the performance of any work governed
53.2regulated by the standards referred to in section 326.243.

53.3    Sec. 15. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
53.4    Subd. 6g. Personal Direct supervision. The term "personal "Direct supervision"
53.5means that a person licensed to perform electrical work oversees and directs the electrical
53.6work performed by an unlicensed person such that:
53.7    (1) the licensed person actually reviews the electrical work performed by the
53.8unlicensed person an unlicensed individual is being supervised by an individual licensed
53.9to perform the electrical work being supervised;
53.10    (2) during the entire working day of the unlicensed individual, the licensed
53.11individual is physically present at the location where the unlicensed individual is
53.12performing electrical work and immediately available to the unlicensed individual;
53.13    (3) the licensed person individual is physically present and immediately available to
53.14the unlicensed person individual at all times for assistance and direction;
53.15(4) electronic supervision does not meet the requirement of physically present and
53.16immediately available;
53.17    (5) the licensed individual shall review the electrical work performed by the
53.18unlicensed individual before the electrical work is operated; and
53.19    (3) (6) the licensed person individual is able to and does determine that all electrical
53.20work performed by the unlicensed person individual is performed in compliance with
53.21section 326.243.
53.22    The licensed person individual is responsible for the compliance with section
53.23326.243 of all electrical work performed by the unlicensed person individual.

53.24    Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:
53.25    Subd. 6j. Residential dwelling. A "residential dwelling" is an individual dwelling
53.26of a single dwelling unit that is contained in a one-family, two-family, or multifamily
53.27dwelling as defined in the National Electrical Code pursuant to section 326.243, including
53.28its garage or accessory building. A residential dwelling includes a garage and accessory
53.29building that can only be used by the residents of the single dwelling unit.

53.30    Sec. 17. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:
53.31    Subd. 6k. Power limited technician. The term "Power limited technician" means
53.32a person an individual having the necessary qualifications, training, experience, and
53.33technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
53.34altering, and repairing of electrical wiring, apparatus, and equipment for technology
54.1circuits or systems, and who is licensed as such a power limited technician by the Board
54.2of Electricity.

54.3    Sec. 18. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:
54.4    Subd. 6l. Technology circuits or systems. "Technology circuits or systems" means
54.5class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling,
54.6control, alarm, and audio signal, including associated components as covered by the
54.7National Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are
54.8isolated from circuits or systems other than class 2 or class 3 by a demarcation and are
54.9not process control circuits or systems; antenna and communication circuits or systems
54.10as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for
54.11indoor lighting and outdoor landscape lighting systems that are supplied by the secondary
54.12circuit of an isolating power supply operating at 30 volts or less as covered by the National
54.13Electrical Code, article 411. The planning, laying out, installing, altering, and repairing
54.14of technology circuits or systems must be performed in accordance with the applicable
54.15requirements of the National Electrical Code pursuant to section 326.243.

54.16    Sec. 19. [326.2411] ELECTRICAL BOARD.
54.17    Subdivision 1. Composition. The Electrical Board shall consist of 11 members who
54.18are residents of the state and appointed by the commissioner. Two shall be representatives
54.19of the electrical suppliers in the rural areas of the state, two shall be master electricians
54.20who are contractors, two journeyman electricians, one a registered consulting electrical
54.21engineer, two power-limited technicians who shall be technology system contractors
54.22primarily engaged in the business of installing technology circuits or systems, and two
54.23public members as defined by section 214.02. Individuals serving upon enactment shall
54.24continue to serve their terms and in the position to which they were appointed. The
54.25department shall make provisions for staff, administrative services, and office space as
54.26necessary for council operations determined by the board.
54.27    Subd. 2. Organization. (a) The board shall be organized and administered according
54.28to section 15.059, except that, notwithstanding any other law to the contrary, the board
54.29shall not expire. The board shall form a complaint committee, a technical committee, a
54.30program committee, and any other committee deemed appropriate by the advisory council.
54.31Each committee, except for the complaint committee, shall refer matters to the full board.
54.32(b) The complaint committee shall consist of three members of the board plus one
54.33department employee designated by the commissioner. The department employee shall
54.34be a nonvoting member of the committee. The commissioner shall refer all complaints
54.35filed with or information received by the commissioner alleging or indicating violation
55.1of sections 326.241 to 326.248 to the Electrical Board. The complaint committee may
55.2render advice to the commissioner or, at its discretion, refer matters to the full advisory
55.3council for its determination as to advice to the commissioner. The full advisory council
55.4shall give advice to the commissioner on matters of its choosing or on matters requested
55.5by the commissioner. The commissioner shall give a quarterly review of all complaints,
55.6the complaint status, and the processing time to the complaint committee, in a format
55.7determined by the complaint committee.
55.8(c) The technical committee shall consist of three members of the board plus one
55.9department employee designated by the commissioner. The department employee shall be
55.10a nonvoting member of the committee. The technical committee shall, at the request of the
55.11commissioner or on its own motion, advise the commissioner regarding technical, matters
55.12including electrical code issues, licensing issues, and licensing examinations.
55.13(d) The program committee shall consist of three members of the board plus one
55.14department employee designated by the commissioner. The department employee shall
55.15be a nonvoting member of the committee. The program committee shall, at the request
55.16of the commissioner or on its own motion, advise the commissioner on matters it has
55.17reviewed, including experience credits.
55.18    Subd. 3. Powers. The board shall have power to:
55.19(1) elect its own officers;
55.20(2) select from its members individuals to serve on any other state advisory councils,
55.21boards, or committees;
55.22(3) incur costs and expenses deemed necessary in the performance of its duties,
55.23which shall be paid by the department;
55.24(4) meet at least quarterly but may meet more frequently in regular or special
55.25meetings deemed necessary or at the request of the commissioner;
55.26(5) establish the required committees and any others deemed necessary or requested
55.27by the commissioner; and
55.28(6) advise the commissioner on issues related to sections 326.241 to 326.248 or as
55.29requested by the commissioner.

55.30    Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read:
55.31326.242 LICENSES.
55.32    Subdivision 1. Master electrician. Except as otherwise provided by law, no
55.33person individual shall install, alter, repair, plan, lay out, or supervise the installing,
55.34altering, or repairing of electrical wiring, apparatus, or equipment for light, heat, power, or
55.35other purposes perform or supervise electrical work unless the person individual is: (a)
55.36licensed by the board as a master electrician and (b)(i) the electrical work is for a licensed
56.1contractor and the person individual is an employee, partner, or officer of, or is the licensed
56.2contractor, or (ii) the electrical work is performed for the person's individual's employer
56.3on electric electrical wiring, apparatus, equipment, or facilities that are owned or leased by
56.4the employer which is and that are located within the limits of property which is operated,
56.5maintained, and either owned or leased and operated and maintained by the employer.
56.6(1) An applicant for a Class A master electrician's electrician license shall (a) be a
56.7graduate of a four-year electrical course in offered by an accredited college or university;
56.8or (b) shall have had at least one year's year of experience, acceptable to the board, as a
56.9licensed journeyman; or (c) shall have had at least five years' experience, acceptable to
56.10the board, in planning for, laying out, supervising and installing wiring, apparatus, or
56.11equipment for electrical light, heat and power.
56.12(2) As of August 1, 1985, no new Class B master electrician's electrician licenses
56.13shall be issued. An individual who has a Class B master electrician's electrician license as
56.14of August 1, 1985 may retain and renew the license and exercise the privileges it grants,
56.15which include electrical work limited to single phase systems, not over 200 amperes in
56.16capacity, on farmsteads or single-family dwellings located in towns or municipalities
56.17with fewer than 2,500 inhabitants.
56.18    Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law,
56.19no person individual shall install, alter, repair, or supervise the installing, altering, or
56.20repairing of electrical wiring, apparatus, or equipment for electrical light, heat, power,
56.21technology circuits or systems, or other purposes unless:
56.22(1) the person individual is licensed by the board as a journeyman electrician; and
56.23(2) the electrical work is:
56.24(i) for a contractor and the person individual is an employee, partner, or officer of
56.25the licensed contractor; or
56.26(ii) performed under the supervision of a master electrician also employed by the
56.27person's individual's employer on electrical wiring, apparatus, equipment, or facilities
56.28that are owned or leased by the employer and that is are located within the limits of
56.29property operated, maintained, and either owned or leased, operated, and maintained by
56.30the employer.
56.31(b) An applicant for a Class A journeyman electrician's electrician license shall have
56.32had at least four years of experience, acceptable to the board, in wiring for, installing, and
56.33repairing electrical wiring, apparatus, or equipment, provided however, that the board may
56.34by rule provide for the allowance of allow one year of experience credit for the successful
56.35completion of a two-year post high school electrical course approved by the board.
57.1(c) As of August 1, 1985, no new Class B journeyman electrician's electrician
57.2licenses shall be issued. An individual who holds a Class B journeyman electrician's
57.3license as of August 1, 1985, may retain and renew the license and exercise the privileges
57.4it grants, which include electrical work limited to single phase systems, not over 200
57.5amperes in capacity, on farmsteads or on single-family dwellings located in towns or
57.6municipalities with fewer than 2,500 inhabitants.
57.7    Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and
57.86, any person individual holding a Class A installer license may lay out and install and
57.9supervise the laying out and installing of electrical wiring, apparatus, or equipment for
57.10major electrical home appliances on the load side of the main service on farmsteads and in
57.11any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to a
57.12city of the first class and does not contain an established business of a contractor. No new
57.13Class A installer licenses shall be issued after December 1, 2007. An individual who holds
57.14a Class A installer license on December 1, 2007, may retain and renew the license and
57.15exercise the privileges it grants.
57.16    Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions 1, 2
57.17and 6, any person individual holding a Class B installer license may lay out and install
57.18electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
57.19side of the main service on farmsteads, and install such other electrical equipment as is
57.20determined approved by the board.
57.21    Subd. 3b. Coursework or experience. An applicant for a Class A or B installer
57.22license shall have completed a post high school course in electricity acceptable to
57.23approved by the board or shall have had at least one year's year of experience, acceptable
57.24to approved by the board, in electrical wiring.
57.25    Subd. 3c. Bond. Every Class A and Class B installer, as a condition of licensure,
57.26shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
57.27performance of all work contracted for or entered upon by the installer within the state of
57.28Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
57.29loss by reason of failure of such performance. Such bond shall be in lieu of all other
57.30license bonds to any political subdivision of the state. Such bond shall be written by a
57.31corporate surety licensed to do business in the state of Minnesota.
57.32    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law,
57.33no person individual shall install, alter, repair, plan, lay out, or supervise the installing,
57.34altering, or repairing, planning, or laying out of electrical wiring, apparatus, or equipment
57.35for technology circuits or systems unless:
58.1(1) the person individual is licensed by the board as a power limited technician; and
58.2(2) the electrical work is:
58.3(i) for a licensed contractor and the person individual is an employee, partner, or
58.4officer of, or is the licensed contractor; or
58.5(ii) performed under the supervision of a master electrician or power limited
58.6technician also employed by the person's individual's employer on technology circuits,
58.7systems, apparatus, equipment, or facilities that are owned or leased by the employer and
58.8that are located within the limits of property operated, maintained, and either owned or
58.9leased, operated, and maintained by the employer.
58.10(b) An applicant for a power limited technician's license shall (1) be a graduate
58.11of a four-year electrical course in offered by an accredited college or university; or (2)
58.12have had at least 36 months' experience, acceptable to the board, in planning for, laying
58.13out, supervising, and installing, altering, and repairing wiring, apparatus, or equipment
58.14for power limited systems, provided however, that the board may by rule provide for the
58.15allowance of up to 12 months (2,000 hours) of experience credit for successful completion
58.16of a two-year post high school electrical course or other technical training approved by
58.17the board.
58.18(c) The board may initially set experience requirements without rulemaking, but
58.19must adopt rules before July 1, 2004.
58.20(d) Licensees must attain eight hours of continuing education acceptable to the
58.21board every renewal period.
58.22(e) A person who has submitted an application by June 30, 2003, to take the alarm
58.23and communications examination administered by the board, and who has achieved a
58.24minimal score of 70 percent on the examination by September 30, 2003, may obtain a
58.25power limited technician license without further examination by submitting an application
58.26and a license fee of $30.
58.27(f) (c) A company holding an alarm and communication license as of June 30, 2003,
58.28may designate one person individual who may obtain a power limited technician license
58.29without passing an examination administered by the board commissioner by submitting an
58.30application and license fee of $30.
58.31(g) A person who has submitted an application by September 30, 2005, to take the
58.32power limited technician examination administered by the board is not required to meet
58.33the qualifications set forth in paragraph (b).
58.34    Subd. 4. Special electrician. Notwithstanding the provisions of subdivisions 1, 2,
58.356, and 7, the board may by rule provide for the issuance of special electrician licenses
58.36empowering the licensee to engage in a limited class or classes of electrical work, which
59.1class or classes shall be specified on the license certificate. Each licensee shall have had
59.2at least two years of experience, acceptable to the board, in each such limited class of
59.3work for which the licensee is licensed.
59.4    Subd. 5. Unlicensed persons individuals. (a) An unlicensed person individual
59.5means an individual who has not been licensed by the Board of Electricity as a Class
59.6A master electrician or as a Class A journeyman electrician. An unlicensed individual
59.7shall not perform electrical work unless the individual has first registered with the
59.8Board of Electricity as an unlicensed individual. Thereafter, an unlicensed individual
59.9shall not perform electrical work unless the work is performed under the personal direct
59.10supervision of a person an individual actually licensed to perform such work and. The
59.11licensed electrician individual and unlicensed persons are individual must be employed
59.12by the same means that an individual having the necessary qualifications, training,
59.13experience, and technical knowledge to install, alter, repair, and supervise the installing,
59.14altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power,
59.15technology circuits or systems, and who is licensed as a Class A journeyman electrician
59.16is employed by the employer. Licensed persons individuals shall not permit unlicensed
59.17persons individuals to perform electrical work except under the personal direct supervision
59.18of a person an individual actually licensed to perform such work. Unlicensed persons
59.19individuals shall not supervise the performance of electrical work or make assignments of
59.20electrical work to unlicensed persons individuals. Except for technology circuit or system
59.21work, licensed persons individuals shall supervise no more than two unlicensed persons
59.22individuals. For technology circuit or system work, licensed persons individuals shall
59.23supervise no more than three unlicensed persons individuals.
59.24(b) Notwithstanding any other provision of this section, no person individual other
59.25than a master electrician or power limited technician shall plan or lay out electrical wiring,
59.26apparatus, or equipment for light, heat, power, or other purposes, except circuits or
59.27systems exempted from personal licensing by subdivision 12, paragraph (b).
59.28(c) Contractors employing unlicensed persons performing individuals to perform
59.29electrical work shall maintain records establishing compliance with this subdivision,
59.30which that shall designate identify all unlicensed persons individuals performing electrical
59.31work, except for persons working on circuits or systems exempted from personal licensing
59.32by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
59.33records as provided for in section 326.244, subdivision 6.
59.34(d) When a licensed individual supervises the electrical work of an unlicensed
59.35individual, the licensed individual is responsible for ensuring that the electrical work
59.36complies with sections 326.241 to 326.248 and rules adopted.
60.1    Subd. 6. Contractor's license required. Except as otherwise provided by law, no
60.2person individual other than an employee, partner, or officer of a licensed contractor, as
60.3defined by section 326.01, subdivision 5, shall undertake perform or offer to undertake to
60.4plan for, lay out, supervise or install or to make additions, alterations, or repairs in the
60.5installation of electrical wiring, apparatus, and equipment for light, heat, power, and
60.6other purposes perform electrical work with or without compensation unless the person
60.7individual obtains a contractor's license. A contractor's license does not of itself qualify
60.8its holder to perform or supervise the electrical work authorized by holding any class of
60.9personal electrical license.
60.10    Subd. 6a. Bond required. Each contractor shall give and maintain bond to the state
60.11in the penal sum of $5,000 $25,000 conditioned upon the faithful and lawful performance
60.12of all work entered upon contracted for or performed by the contractor within the state of
60.13Minnesota and such bond shall be for the benefit of persons injured or suffering financial
60.14loss by reason of failure of such performance. The bond shall be filed with the board and
60.15shall be in lieu of all other license bonds to any other political subdivision. Such bond
60.16shall be written by a corporate surety licensed to do business in the state of Minnesota.
60.17    Subd. 6b. Insurance required. Each contractor shall have and maintain in effect
60.18general liability insurance, which includes premises and operations insurance and products
60.19and completed operations insurance, with limits of at least $100,000 per occurrence,
60.20$300,000 aggregate limit for bodily injury, and property damage insurance with limits
60.21of at least $25,000 $50,000 or a policy with a single limit for bodily injury and property
60.22damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
60.23shall be written by an insurer licensed to do business in the state of Minnesota and each
60.24contractor shall maintain on file with the board a certificate evidencing such insurance
60.25which provides that such insurance shall not be canceled without the insurer first giving
60.2615 days written notice to the board of such cancellation.
60.27    Subd. 6c. Employment of master electrician or power limited technician. (a) No
60.28contractor shall engage in business of electrical contracting unless the contractor employs
60.29a licensed Class A master or Class B Each contractor must designate a responsible master
60.30electrician, or power limited technician, who shall be responsible for the performance of
60.31all electrical work in accordance with the requirements of sections 326.241 to 326.248 or
60.32any rule or order adopted or issued under these sections. The classes of work for which
60.33the that a licensed contractor is authorized shall be limited to those for which such Class
60.34A master electrician, Class B master electrician, or power limited technician employed
61.1by the contractor the classes of work that the responsible master electrician or power
61.2limited electrician is licensed to perform.
61.3(b) When a contractor's license is held by an individual, sole proprietorship,
61.4partnership, limited liability company, or corporation and the individual, proprietor, one
61.5of the partners, one of the members, or an officer of the corporation, respectively, is not
61.6the responsible master electrician or power limited technician of record, all requests for
61.7inspection shall be signed by the responsible master electrician or power limited technician
61.8of record. The designated responsible master electrician or power limited technician of
61.9record shall be employed by the individual, partnership, limited liability company, or
61.10corporation which is applying for a contractor's license and shall not be employed in any
61.11capacity as a licensed electrician or licensed technician by any other contractor or employer
61.12designated in subdivision 12. If the contractor is an individual or a sole proprietorship, the
61.13responsible licensed individual must be the individual, proprietor, or managing employee.
61.14If the contractor is a partnership, the responsible licensed individual must be a general
61.15partner or managing employee. If the licensed contractor is a limited liability company,
61.16the responsible licensed individual must be a chief manager or managing employee. If
61.17the contractor is a corporation, the responsible licensed individual must be an officer or
61.18managing employee. If the responsible licensed individual is a managing employee, the
61.19responsible licensed individual must be actively engaged in performing electrical work
61.20on behalf of the contractor, and cannot be employed in any capacity as an electrician
61.21or technician by any other contractor or employer designated in subdivision 12. An
61.22individual may be the responsible licensed individual for only one contractor or employer.
61.23(c) All applications for contractor's licenses and all renewals shall include a verified
61.24statement that the applicant or licensee has complied with this subdivision.
61.25    Subd. 7. Examination. In addition to the requirements imposed herein and except
61.26as herein otherwise provided, as a precondition to issuance of a personal license, each
61.27applicant must pass a written or oral examination given by the board to insure the
61.28competence of each applicant for license. An oral examination shall be administered
61.29only to an applicant who furnishes a written statement from a certified teacher or
61.30other professional, trained in the area of reading disabilities stating that the applicant
61.31has a specific reading disability which would prevent the applicant from performing
61.32satisfactorily on a written test. The oral examination shall be structured so that an
61.33applicant who passes the examination will not impair the applicant's own safety or that of
61.34others while acting as a licensed person. No person individual failing an examination may
61.35retake it for six months thereafter, but within such six months the person individual may
61.36take an examination for a lesser grade of license. Any licensee failing to renew a license
62.1for two years or more after its expiration shall be required to retake the examination
62.2before being issued a new license.
62.3An applicant for a personal license shall submit to the board an application and
62.4examination fee at the time of application. Upon approval of the application, the board
62.5shall schedule the applicant for the next available examination, which shall be held within
62.660 days. The applicant shall be allowed one opportunity to reschedule an examination
62.7without being required to submit another application and examination fee. Additionally,
62.8an applicant who fails an examination, or whose application has been disapproved, must
62.9submit another application and examination fee.
62.10    Subd. 8. License and renewal fees. All licenses issued hereunder shall expire in a
62.11manner as provided by the board. (a) Unless revoked or suspended, all licenses issued
62.12or renewed under this section expire on the date specified in this subdivision. Master
62.13licenses expire March 1 of each odd-numbered year after issuance or renewal. Electrical
62.14contractor licenses expire March 1 of each even-numbered year after issuance or renewal.
62.15Technology system contractor licenses expire August 1 of each even-numbered year
62.16after issuance or renewal. Journeyman, installer, power limited technician, and special
62.17electrician licenses expire two years from the date of original issuance and every two
62.18years thereafter.
62.19(b) Fees, as set by the board, shall be payable for application and examination, and
62.20for the original issuance and each subsequent renewal of the following are:
62.21(1) For each personal license application and examination: $35.
62.22Class A Master.
62.23Class B Master.
62.24Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
62.25Special Electrician.
62.26(2) For original issuance of original license and each subsequent renewal of:
62.27Class A Master.: or master elevator constructor: $40 per year.
62.28Class B Master.: $25 per year.
62.29Power Limited Technician.: $15 per year.
62.30Class A Journeyman, Class B Journeyman, Installer, or Special Electrician.: $15
62.31per year.
62.32Electrical Contractor: $100 per year.
62.33Technology Systems Contractor.
62.34(c) If any new license is issued according to this subdivision for less than two years,
62.35the fee for the license shall be prorated on an annual basis.
63.1(d) A license fee may not be refunded after a license is issued or renewed. However,
63.2if the fee paid for a license was not prorated according to this subdivision, the amount of
63.3the overpayment shall be refunded.
63.4(e) Any contractor who seeks reissuance of a license after it has been revoked or
63.5suspended under this chapter shall submit a reissuance fee of $100 before the license is
63.6reinstated.
63.7(f) The fee for the issuance of each duplicate license is $100.
63.8(3) (g) An individual or contractor who fails to renew a license before 30 days
63.9after the expiration of the license must submit a late fee equal to one year's license fee in
63.10addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual
63.11or contractor that fails to renew a license by the expiration date is unlicensed until the
63.12license is renewed.
63.13    Subd. 8a. Continuing education. (a) As used in this subdivision, the term "renewal
63.14period" means the time period of two years beginning on the date that the license is
63.15originally issued or renewed and ending on the date that the license is scheduled to expire.
63.16If any license is issued for less than two years, the period between the issuance date and
63.17the expiration date is not a renewal period.
63.18(b) During each renewal period, individuals licensed under this chapter must earn 16
63.19hours of continuing education credit approved by the board.
63.20(c) With a renewal application, a licensed electrician shall submit to the board a list
63.21of continuing education hours earned during the renewal period, including dates, subjects,
63.22hours attended, sponsoring organizations, and course approval numbers. Each licensed
63.23electrician shall maintain a file in which records of courses are kept, including dates,
63.24subjects, duration of programs, sponsoring organizations, continuing education hours
63.25earned, registration receipts where appropriate, certificates of completion received from
63.26sponsoring organizations, and other pertinent documentation, for a period of two years
63.27after submission to the board. The board may require a licensed electrician to produce
63.28this information in order for the board to verify information in a renewal application, to
63.29conduct a random audit, or to investigate a complaint alleging noncompliance on the
63.30part of the licensee.
63.31(d) If the board rejects continuing education hours reported by a licensee in an
63.32amount sufficient to reduce the number of nonrejected continuing education hours below
63.33the required minimum number, the board must notify the licensee in writing of the board's
63.34rejection of the hours. The licensee has 60 days after notification to substantiate the
63.35validity of the rejected hours or to earn other qualifying hours to meet the minimum
63.36requirement. The board's rejection of any continuing education hours submitted during
64.1this 60-day cure period does not extend or expand the cure period. If the board does
64.2not reinstate a sufficient number of the rejected continuing education hours to meet the
64.3required minimum number of continuing education hours, or the licensee or certificate
64.4holder does not complete or substantiate that the individual has completed other qualifying
64.5continuing education hours to meet the required minimum number of continuing education
64.6hours within the specified period of time, the board shall suspend or deny the individual's
64.7license under section 326.082. Continuing education hours applied to current renewal may
64.8not be applied to the requirements for a subsequent renewal period.
64.9(e) If a licensed electrician knowingly submits to the board a false report of
64.10continuing education hours, the board shall revoke the license under section 326.082.
64.11    Subd. 9. Denial, suspension, and revocation of licenses. The board may by order
64.12deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board
64.13finds (1) in its discretion that the order is in the public interest and (2) that, based upon a
64.14preponderance of the evidence presented, the applicant or licensee:
64.15(a) has filed an application for a license which is incomplete in any material respect
64.16or contains any statement which, in light of the circumstances under which it is made, is
64.17false or misleading with respect to any material fact;
64.18(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
64.19(c) has been convicted within the past five years of a misdemeanor involving a
64.20violation of sections 326.241 to 326.248;
64.21(d) has violated or failed to comply with sections 326.241 to 326.248 or any rule or
64.22order adopted or issued under these sections; or
64.23(e) has, in the conduct of the applicant's or licensee's affairs, including, but
64.24not limited to, the performance of electrical work, been shown to be incompetent or
64.25untrustworthy.
64.26If a licensee engages in conduct that is proven by a preponderance of the evidence to
64.27be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
64.28violation of this subdivision. The board may take action under this subdivision or any
64.29other law authorizing action against a licensee regardless of whether the underlying
64.30conduct was willful.
64.31The board may adopt rules further specifying and defining actions, conduct, and
64.32omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and
64.33establishing standards of conduct for applicants and licensees.
64.34    Subd. 9a. Civil penalties. Whenever a preponderance of the evidence presented
64.35proves that a person has violated or failed to comply with sections 326.241 to 326.248 or
65.1any rule or order adopted or issued under these sections, the board may impose a civil
65.2penalty upon the person in an amount not to exceed $10,000 per violation.
65.3    Subd. 9b. Orders for hearing. The complaint committee may, on behalf of the
65.4board, issue an order requiring a licensee or an applicant for a license to appear at a
65.5hearing on the issue of whether the license should be revoked or suspended, the licensee
65.6censured, the application denied, or a civil penalty imposed. The order shall be calculated
65.7to give reasonable notice of the time and place for hearing, and shall state the reasons for
65.8the entry of the order. All hearings shall be conducted in accordance with chapter 14.
65.9After the hearing, the board shall enter an order making a disposition of the matter as the
65.10facts require. If the licensee or applicant fails to appear at a hearing of which that person
65.11has been duly notified, the person is in default and the proceeding may be determined
65.12against that person upon consideration of the order for hearing, the allegations of which
65.13may be deemed to be true.
65.14    Subd. 9c. Temporary suspension. (a) The complaint committee may, on
65.15behalf of the board and in the public interest, temporarily suspend a license pending
65.16final determination of an order for hearing. The complaint committee shall not issue
65.17a temporary suspension order until an investigation of the facts has been conducted
65.18pursuant to section 214.10 by the attorney general. The complaint committee shall issue a
65.19temporary suspension order only when the safety of life or property is threatened or to
65.20prevent the commission of fraudulent, deceptive, or dishonest acts against the public.
65.21Service of the temporary suspension order is effective if the order is served on the licensee
65.22or counsel of record personally or by first class mail to the most recent address provided to
65.23the board for the licensee or the counsel of record.
65.24(b) If a license is suspended pending final determination of an order for hearing, a
65.25hearing on the merits shall be held within 45 days of the issuance of the order of temporary
65.26suspension. The administrative law judge shall issue a report within 30 days after closing
65.27of the contested case hearing record. The board shall issue a final order within 30 days
65.28after receipt of that report and any exceptions.
65.29(c) If the licensee requests a hearing in writing within ten days of service of the
65.30order, the board shall hold a hearing before its own members on the sole issue of whether
65.31there is a reasonable basis to continue, modify, or vacate the temporary suspension. The
65.32board shall hold the hearing within five working days of the licensee's request for hearing.
65.33Evidence presented by the complaint committee or licensee shall be in affidavit form only.
65.34The licensee or counsel of record for the licensee may appear for oral argument. Within
65.35five working days after the hearing, the board shall issue its order either continuing or
65.36vacating the temporary suspension.
66.1    Subd. 9d. Cease and desist order. (a) Whenever it appears to the complaint
66.2committee that any person has engaged or is about to engage in any act or practice
66.3constituting a violation of sections 326.241 to 326.248, any other law authorizing the
66.4issuance of a cease and desist order, or any rule or order adopted or issued under these
66.5sections, the complaint committee may, on behalf of the board, issue and cause to be
66.6served upon the person an order requiring the person to cease and desist from violating
66.7sections 326.241 to 326.248 or any rule or order adopted or issued under these sections.
66.8The complaint committee shall not issue a cease and desist order until an investigation of
66.9the facts has been conducted pursuant to section 214.10 by the attorney general. The order
66.10shall be calculated to give reasonable notice of the right of the person to request a hearing
66.11and shall state the reasons for the entry of the order. If no hearing is requested of the board
66.12within 15 days of service of the order, the order shall become final and shall remain in
66.13effect until it is modified or vacated by the board and shall not be reviewable by a court.
66.14(b) A hearing shall be held not later than 30 days from the date of the board's receipt
66.15of a written hearing request, unless otherwise agreed by the person requesting the hearing
66.16and the complaint committee. Within 30 days of receipt of the administrative law judge's
66.17report and any exceptions, the board shall issue a final order modifying, vacating, or
66.18making permanent the cease and desist order as the facts require. The final order remains
66.19in effect until modified or vacated by the board.
66.20    Subd. 9e. Costs of proceeding. The board may impose a fee to reimburse the
66.21board for all or part of the cost of the proceedings resulting in disciplinary action or
66.22the imposition of civil penalties or the issuance of a cease and desist order. Such fees
66.23include, but are not limited to, the amount paid by the board for services from the office of
66.24administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,
66.25board members' per diem compensation, board staff time, and expense incurred by board
66.26members and staff.
66.27    Subd. 9f. District court action; injunctive relief and civil penalties. (a) Whenever
66.28it appears to the board, or the complaint committee if authorized by the board, that any
66.29person has engaged or is about to engage in any act or practice constituting a violation of
66.30sections 326.241 to 326.248 or any rule or order adopted or issued under these sections,
66.31the board, or the complaint committee if authorized by the board, may bring an action
66.32in the name of the board in the Ramsey County District Court or the district court of
66.33any other county in which venue is proper.
66.34(b) The action may be brought to enjoin the acts or practices and to enforce
66.35compliance with sections 326.241 to 326.248, any other law authorizing a civil or
66.36injunctive action, or any rule or order adopted or issued under these sections and for a civil
67.1penalty not to exceed $10,000 for each separate violation of sections 326.241 to 326.248,
67.2any other law authorizing a civil or injunctive action, or any rule or order adopted or
67.3issued under these sections.
67.4(c) A temporary restraining order and other temporary injunctive relief shall be
67.5granted in the proceeding whenever it appears that any person has engaged in or is about
67.6to engage in any act, conduct, or practice constituting violation of sections 326.241 to
67.7326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted
67.8or issued under these sections. The board shall not be required to show irreparable harm.
67.9    Subd. 9g. Other remedies. The issuance of a cease and desist order or injunctive
67.10relief under this section does not relieve a person from criminal prosecution by any
67.11competent authority or from disciplinary action by the board and does not prevent the
67.12board from exercising any other authority granted to it.
67.13    Subd. 9h. Powers additional. The powers contained in subdivisions 9 to 9g are in
67.14addition to all other powers of the board.
67.15    Subd. 9i. Cooperation required. A person who is the subject of an investigation,
67.16or who is questioned in connection with an investigation, by or on behalf of the board
67.17or its complaint committee shall cooperate fully with the investigation. Cooperation
67.18includes, but is not limited to:
67.19(1) responding fully and promptly to questions raised by or on behalf of the board or
67.20its complaint committee relating to the subject of the investigation;
67.21(2) providing copies of records in the person's possession related to the matter under
67.22investigation as requested by the board, its complaint committee, or the attorney general
67.23within the time limit set by the board, its complaint committee, or the attorney general;
67.24(3) assisting the board, its complaint committee, or the attorney general in its
67.25investigation; and
67.26(4) appearing at conferences or hearings scheduled by the board or its complaint
67.27committee.
67.28    Subd. 9j. Disciplinary proceedings closed. Proceedings held before the board or
67.29its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the
67.30requirements of section 13D.01.
67.31    Subd. 9k. Conflicts of law. If there is a conflict between sections 326.241 to
67.32326.248 and chapter 214, sections 326.241 to 326.248 shall control.
67.33    Subd. 10. Continuation of business by estates. Upon the death of a master who is
67.34a contractor, the board may permit the decedent's representative to carry on the business
67.35of the decedent for a period not in excess of six months, for the purpose of completing
68.1work under contract or otherwise to comply with sections 326.241 to 326.248. The
68.2representative shall give such bond as the board may require conditioned upon the faithful
68.3and lawful performance of such work and such bond shall be for the benefit of persons
68.4injured or suffering financial loss by reason of failure of such performance. Such bond
68.5shall be written by a corporate surety licensed to do business in the state of Minnesota.
68.6Such representative shall also comply with all public liability and property damage
68.7insurance requirements imposed by this chapter upon a licensed contractor.
68.8    Subd. 11. Reciprocity. To the extent that any other state which provides for the
68.9licensing of electricians provides for similar action the board may grant licenses, without
68.10examination, of the same grade and class to an electrician who has been licensed by such
68.11other state for at least one year, upon payment by the applicant of the required fee and
68.12upon the board being furnished with proof that the required fee and upon the board being
68.13furnished with proof that the qualifications of the applicant are equal to the qualifications of
68.14holders of similar licenses in Minnesota. The commissioner may issue a temporary license
68.15without examination, upon payment of the required fee, to nonresident applicants who are
68.16licensed under the laws of a state having standards for licensing which the commissioner
68.17determines are substantially equivalent to the standards of this state if the other state
68.18grants similar privileges to Minnesota residents duly licensed in this state. Applicants who
68.19receive a temporary license under this section may acquire an aggregate of 24 months of
68.20experience before they have to apply and pass the licensing examination. Applicants must
68.21register with the commissioner of labor and industry and the commissioner shall set a fee
68.22for a temporary license. Applicants have five years in which to comply with this section.
68.23    Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance
68.24electrician who is supervised by the responsible master electrician for a contractor who
68.25has contracted with the maintenance electrician's employer to provide services for which
68.26a contractor's license is required or by a master electrician or an electrical engineer
68.27registered with the board and who is an employee of an employer and is engaged in the
68.28maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased
68.29by the employer, and performed within the limits of property which is owned or leased
68.30and operated and maintained by said employer, shall is not be required to hold or obtain a
68.31license under sections 326.241 to 326.248. if:
68.32(1) the individual is engaged in the maintenance and repair of electrical equipment,
68.33apparatus, and facilities that are owned or leased by the individual's employer and that are
68.34located within the limits of property operated, maintained, and either owned or leased by
68.35the individual's employer;
68.36(2) the individual is supervised by:
69.1(i) the responsible master electrician for a contractor who has contracted with the
69.2individual's employer to provide services for which a contractor's license is required; or
69.3(ii) a licensed master electrician, a licensed maintenance electrician, an electrical
69.4engineer, or, if the maintenance and repair work is limited to technology circuit and system
69.5work, a licensed power limited technician; and
69.6(3) the individual's employer has filed with the board a certificate of responsible
69.7person, signed by the responsible master electrician of the contractor, the licensed master
69.8electrician, the licensed maintenance electrician, the electrical engineer, or the licensed
69.9power limited technician, and stating that the person signing the certificate is responsible
69.10for ensuring that the maintenance and repair work performed by the employer's employees
69.11complies with sections 326.241 to 326.248 and rules adopted.
69.12(b) Employees of a licensed electrical or technology systems contractor or other
69.13employer where provided with supervision by a master electrician in accordance with
69.14subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
69.15(a), clause (1), are not required to hold a license under sections 326.241 to 326.248 for the
69.16planning, laying out, installing, altering, and repairing of technology circuits or systems
69.17except planning, laying out, or installing:
69.18(1) in other than residential dwellings, class 2 or class 3 remote control circuits that
69.19control circuits or systems other than class 2 or class 3, except circuits that interconnect
69.20these systems through communication, alarm, and security systems are exempted from
69.21this paragraph;
69.22(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
69.23physically unprotected circuits other than class 2 or class 3; or
69.24(3) technology circuits and systems in hazardous classified locations as covered by
69.25chapter 5 of the National Electrical Code.
69.26(c) Companies and their employees that plan, lay out, install, alter, or repair class
69.272 and class 3 remote control wiring associated with plug or cord and plug connected
69.28appliances other than security or fire alarm systems installed in a residential dwelling are
69.29not required to hold a license under sections 326.241 to 326.248.
69.30(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
69.31employees are not required to hold or obtain a license under sections 326.241 to 326.248
69.32when performing heating, ventilating, air conditioning, or refrigeration work as described
69.33in section 326.245.
69.34(e) Employees of any electric electrical, communications, or railway utility, cable
69.35communications company as defined in section 238.02, or a telephone company as defined
69.36under section 237.01 or its employees, or of any independent contractor performing work
70.1on behalf of any such utility, cable communications company, or telephone company, shall
70.2not be required to hold a license under sections 326.241 to 326.248:
70.3(1) while performing work on installations, materials, or equipment which are owned
70.4or leased, and operated and maintained by such utility, cable communications company, or
70.5telephone company in the exercise of its utility, antenna, or telephone function, and which
70.6(i) are used exclusively for the generation, transformation, distribution, transmission,
70.7or metering of electric current, or the operation of railway signals, or the transmission
70.8of intelligence and do not have as a principal function the consumption or use of electric
70.9current or provided service by or for the benefit of any person individual other than such
70.10utility, cable communications company, or telephone company, and
70.11(ii) are generally accessible only to employees of such utility, cable communications
70.12company, or telephone company or persons acting under its control or direction, and
70.13(iii) are not on the load side of the service point or point of entrance for
70.14communication systems;
70.15(2) while performing work on installations, materials, or equipment which are a part
70.16of the street lighting operations of such utility; or
70.17(3) while installing or performing work on outdoor area lights which are directly
70.18connected to a utility's distribution system and located upon the utility's distribution poles,
70.19and which are generally accessible only to employees of such utility or persons acting
70.20under its control or direction.
70.21(f) An owner shall not be required to hold or obtain a license under sections 326.241
70.22to 326.248.

70.23    Sec. 21. Minnesota Statutes 2006, section 326.243, is amended to read:
70.24326.243 SAFETY STANDARDS.
70.25    All electrical wiring, apparatus and equipment for electric electrical light, heat and
70.26power, technology circuits or systems shall comply with the rules of the department of
70.27Commerce or the Department of Labor and Industry, as applicable, Board of Electricity
70.28and be installed in conformity with accepted standards of construction for safety to life
70.29and property. For the purposes of this chapter, the rules and safety standards stated at
70.30the time the work is done in the then most recently published edition of the National
70.31Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
70.32by the American National Standards Institute, and the National Electrical Safety Code
70.33as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
70.34by the American National Standards Institute, shall be prima facie evidence of accepted
70.35standards of construction for safety to life and property; provided further, that in the event
70.36a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved
71.1methods of electrical construction for safety to life and property, compliance with said
71.2methods of electrical construction of said Minnesota Building Code shall also constitute
71.3compliance with this section, and provided further, that nothing herein contained shall
71.4prohibit any political subdivision from making and enforcing more stringent requirements
71.5than set forth herein and such requirements shall be complied with by all licensed
71.6electricians working within the jurisdiction of such political subdivisions.

71.7    Sec. 22. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
71.8    Subd. 1a. Technology systems. (a) The installation of the technology circuits or
71.9systems described in paragraph (b), except:
71.10    (1) minor work performed by a contractor;
71.11    (2) work performed by a heating, ventilating, or air conditioning contractor as
71.12described in section 326.245; and
71.13    (3) work performed by cable company employees when installing cable
71.14communications systems or telephone company employees when installing telephone
71.15systems,
71.16must be inspected as provided in this section for compliance with the applicable provisions
71.17of the National Electrical Code and the applicable provisions of the National Electrical
71.18Safety Code, as those codes were approved by the American National Standards Institute.
71.19    (b) The inspection requirements in paragraph (a) apply to:
71.20    (1) remote control circuits controlling class 2 or class 3 remote control circuits that
71.21control circuits or systems other than class 2 or class 3 and indoor lighting, except circuits
71.22that interconnect these systems exempted by section 326.242, subdivision 12, paragraph
71.23(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures,
71.24or devices containing physically unprotected circuits other than class 2 or class 3; or
71.25technology circuits and systems in hazardous classified locations as covered by chapter 5
71.26of the National Electrical Code;
71.27    (2) fire alarm systems, other than in one- or two-family dwellings, as defined in
71.28articles 100 and 760 of the National Electrical Code;
71.29    (3) technology circuits and systems contained within critical care areas of health
71.30care facilities as defined by the safety standards identified in section 326.243, including,
71.31but not limited to, anesthesia and resuscitative alarm and alerting systems, medical
71.32monitoring, and nurse call systems; and
71.33    (4) physical security systems within detention facilities.; and
71.34    (5) circuitry and equipment for indoor lighting systems as defined in article 411
71.35of the National Electrical Code.
72.1    (c) For the purposes of this subdivision "minor work" means the adjustment or repair
72.2and replacement of worn or defective parts of a technology circuit or system. Minor
72.3work may be inspected under this section at the request of the owner of the property
72.4or the person individual doing the work.
72.5    (d) Notwithstanding this subdivision, if an electrical inspector observes that a
72.6contractor, employer, or owner has not complied with accepted standards when the
72.7work was performed, as provided in the most recent editions of the National Electrical
72.8Code and the National Electrical Safety Code as approved by the American National
72.9Standards Institute, the inspector may order the contractor, employer, or owner who has
72.10performed the work to file a request for electrical inspection, pay an inspection fee, and
72.11make any necessary repairs to comply with applicable standards and require that the
72.12work be inspected.

72.13    Sec. 23. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision
72.14to read:
72.15    Subd. 1b. Licenses; bond. All inspectors shall hold licenses as master or
72.16journeyman electricians under this chapter. All inspectors under contract with the
72.17department to provide electrical inspection services shall give bond in the amount of
72.18$1,000, conditioned upon the faithful performance of their duties.

72.19    Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:
72.20    Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall
72.21not be subject to inspection under sections 326.241 to 326.248:
72.22    (1) when owned or leased, operated and maintained by any employer whose
72.23maintenance electricians are exempt from licensing under sections 326.241 to 326.248,
72.24while performing electrical maintenance work only as defined by board rule;
72.25    (2) when owned or leased, and operated and maintained by any electric electrical,
72.26communications, or railway utility, cable communications company as defined in section
72.27238.02 , or telephone company as defined under section 237.01, in the exercise of its
72.28utility, antenna, or telephone function; and
72.29    (i) are used exclusively for the generations, transformation, distribution,
72.30transmission, or metering of electric current, or the operation of railway signals, or the
72.31transmission of intelligence, and do not have as a principal function the consumption or
72.32use of electric current by or for the benefit of any person individual other than such utility,
72.33cable communications company, or telephone company; and
72.34    (ii) are generally accessible only to employees of such utility, cable communications
72.35company, or telephone company or persons acting under its control or direction; and
73.1    (iii) are not on the load side of the service point or point of entrance for
73.2communication systems;
73.3    (3) when used in the street lighting operations of an electric electrical utility;
73.4    (4) when used as outdoor area lights which are owned and operated by an electric
73.5electrical utility and which are connected directly to its distribution system and located
73.6upon the utility's distribution poles, and which are generally accessible only to employees
73.7of such utility or persons acting under its control or direction;
73.8    (5) when the installation, material, and equipment are in facilities subject to the
73.9jurisdiction of the federal Mine Safety and Health Act; or
73.10    (6) when the installation, material, and equipment is part of an elevator installation
73.11for which the elevator contractor, licensed under section 326.242, is required to obtain
73.12a permit from the authority having jurisdiction as provided by section 16B.747, and
73.13the inspection has been or will be performed by an elevator inspector certified by the
73.14department of Administration and licensed by the Board of Electricity. This exemption
73.15shall apply only to installations, material, and equipment permitted or required to be
73.16connected on the load side of the disconnecting means required for elevator equipment
73.17under National Electric Electrical Code Article 620, and elevator communications and
73.18alarm systems within the machine room, car, hoistway, or elevator lobby.

73.19    Sec. 25. Minnesota Statutes 2006, section 326.244, subdivision 6, is amended to read:
73.20    Subd. 6. Site inspections. The board may, without advance notice, inspect
73.21any site at which electrical work is being performed or has been performed or where
73.22records concerning the performance of electrical work are kept for purposes of ensuring
73.23compliance with sections 326.241 to 326.248 or any rule or order adopted or issued under
73.24these sections. With respect to electrical work performed at or records kept in an occupied
73.25private dwelling, all inspections permitted by this subdivision shall occur during normal
73.26business hours and shall be preceded by advance notice, which need not be in writing. The
73.27board shall have the authority to examine and copy all records concerning the performance
73.28of electrical work and to question in private all persons employed by a contractor or on the
73.29site. No person individual shall retaliate in any manner against any employee or person
73.30individual who is questioned by, cooperates with, or provides information to the board, its
73.31complaint committee, or the attorney general.

73.32    Sec. 26. Minnesota Statutes 2006, section 326.2441, is amended to read:
73.33326.2441 INSPECTION FEE SCHEDULE.
73.34    Subdivision 1. Schedule. State electrical inspection fees shall be paid according to
73.35calculated according to subdivisions 2 to 13 15.
74.1    Subd. 2. Fee for each separate inspection. The minimum fee for each separate
74.2inspection of an installation, replacement, alteration, or repair is $20 30.
74.3    Subd. 3. Fee for services, generators, other power supply sources, or feeders to
74.4separate structures. The inspection fee for the installation, addition, alteration, or repair
74.5of each service, change of service, temporary service, generator, other power supply
74.6source, or feeder to a separate structure is:
74.7    (1) 0 ampere to and including 400 ampere capacity, $25 $35;
74.8    (2) 401 ampere to and including 800 ampere capacity, $50 $60; and
74.9    (3) ampere capacity above 800, $75 $100.
74.10    Where multiple disconnects are grouped at a single location and are supplied by a
74.11single set of supply conductors the cumulative rating of the overcurrent devices shall be
74.12used to determine the supply ampere capacity.
74.13    Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer secondary
74.14conductors. The inspection fee for the installation, addition, alteration, or repair of
74.15each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
74.16the equipment served, is:
74.17    (1) 0 ampere to and including 200 ampere capacity, $5 $6; and
74.18    (2) ampere capacity above 200, $10 $15.
74.19    Where existing feeders and circuits are reconnected to overcurrent devices installed
74.20as part of the replacement of an existing disconnect, switchboard, motor control center, or
74.21panelboard, the inspection fee for each circuit or feeder is $2.
74.22    Subd. 5. Limitations to fees of subdivisions 3 and 4 Inspection fee for dwellings.
74.23    (a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family
74.24dwelling with a supply of up to 500 amperes where a combination of ten or more sources
74.25of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80.
74.26is the following:
74.27    (1) the fee for each service or other source of power as provided in subdivision 3;
74.28    (2) $100 for up to 30 feeders and circuits; and
74.29    (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
74.30This fee applies to each separate installation for new dwellings and additions, alterations,
74.31or repairs to existing dwellings and includes not more than two inspections. where 15
74.32or more feeders or circuits are installed or extended in connection with any addition,
74.33alteration, or repair to existing dwellings. Where existing feeders and circuits are
74.34reconnected to overcurrent devices installed as part of the replacement of an existing
74.35panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
75.1of separate inspections shall be determined in accordance with subdivision 2. The
75.2fee for additional inspections or other installations is that specified in subdivisions 2
75.3to, 4, 6, and 8. The installer may submit fees for additional inspections when filing the
75.4request for electrical inspection. The fee for each detached accessory structure directly
75.5associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
75.64. When included on the same request for electrical inspection form, inspection fees for
75.7detached accessory structures directly associated with the dwelling unit may be combined
75.8with the dwelling unit fees to determine the maximum number of separate inspections in
75.9accordance with subdivision 2.
75.10    (b) The inspection fee for each dwelling unit of a multifamily dwelling with three
75.11to 12 or more dwelling units is $50 and the fee for each additional dwelling unit is $25.
75.12$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
75.13or circuit. This fee applies to each separate installation for each new dwelling unit and
75.14where ten or more feeders or circuits are installed or extended in connection with any
75.15addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
75.16are reconnected to overcurrent devices installed as part of the replacement of an existing
75.17panelboard, the fee for each feeder or circuit is $2. The maximum number of separate
75.18inspections for each dwelling unit shall be determined according to subdivision 2. The fee
75.19for additional inspections or other installation is that specified in subdivisions 2, 4, 6, and
75.208. These fees include only inspection of the wiring within individual dwelling units and
75.21the final feeder to that unit. This limitation is subject to the following conditions where:
75.22    (1) the multifamily dwelling is provided with common service equipment and
75.23each dwelling unit is supplied by a separate feeder extended from the common service
75.24distribution equipment. The fee for multifamily dwelling services or other power source
75.25supplies and all other circuits is that specified in subdivisions 2 to 4; and.
75.26    (2) this limitation applies only to new installations for multifamily dwellings where
75.27the majority of the individual dwelling units are available for inspection during each
75.28inspection trip.
75.29    (c) A separate request for electrical inspection form must be filed for each dwelling
75.30unit that is supplied with an individual set of service entrance conductors. These fees are
75.31the one-family dwelling rate specified in paragraph (a).
75.32    Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical
75.33supply for each manufactured home park lot is $25 $35. This fee includes the service or
75.34feeder conductors up to and including the service equipment or disconnecting means.
75.35The fee for feeders and circuits that extend from the service or disconnecting means is
75.36that specified in subdivision 4.
76.1    (b) The fee for each recreational vehicle site electrical supply equipment is $5 $6
76.2for each circuit originating within the equipment. The fee for recreational vehicle park
76.3services, feeders, and circuits is that specified in subdivisions 3 and 4.
76.4    (c) The fee for each street, parking lot, or outdoor area lighting standard is $1, and the
76.5fee for each traffic signal standard is $5. Circuits originating within the standard or traffic
76.6signal controller shall not be used when computing calculating the fee for each standard.
76.7    (d) The fee for transformers for light, heat, and power is $10 $15 for transformers
76.8rated up to ten kilovolt-amperes and $20 $30 for transformers rated in excess of ten
76.9kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power
76.10supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
76.11supplies.
76.12    (e) The fee for transformers and electronic power supplies for electric signs and
76.13outline lighting is $5 per unit.
76.14    (f) The fee for alarm, communication, remote control, and signaling technology
76.15circuits or systems, and circuits of less than 50 volts, is 50 75 cents for each system device
76.16or apparatus.
76.17    (g) The fee for each separate inspection of the bonding for a swimming pool, spa,
76.18fountain, an equipotential plane for an agricultural confinement area, or similar installation
76.19shall be $20 is $35. Bonding conductors and connections require an inspection before
76.20being concealed.
76.21    (h) The fee for all wiring installed on center pivot irrigation booms is $40 $35 plus
76.22$5 for each electrical drive unit.
76.23    (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
76.24lighting fixture luminaire.
76.25    (j) When a separate inspection of a concrete-encased grounding electrode is
76.26performed, the fee is $35.
76.27    (k) The fees required by subdivisions 3 and 4 are doubled for installations over
76.28600 volts.
76.29    Subd. 7. Investigation fees: work without a request for electrical inspection.
76.30    (a) Whenever any work for which a request for electrical inspection is required by the
76.31board has begun without the request for electrical inspection form being filed with the
76.32board, a special investigation shall be made before a request for electrical inspection form
76.33is accepted by the board.
76.34    (b) An investigation fee, in addition to the full fee required by subdivisions 1
76.35to 6, shall be paid before an inspection is made. The investigation fee is two times the
76.36hourly rate minimum fee specified in subdivision 10 2 or the inspection fee required
77.1by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
77.2investigation fee does not exempt any person from compliance with all other provisions of
77.3the board department rules or statutes nor from any penalty prescribed by law.
77.4    Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5,
77.5when reinspection is necessary to determine whether unsafe conditions identified during a
77.6final inspection have been corrected and the conditions are not the subject of an appeal
77.7pending before the board commissioner or any court, a reinspection fee of $20 may $35
77.8shall be assessed in writing by the inspector.
77.9    Subd. 9. Supplemental fee. When inspections scheduled by the installer are
77.10preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
77.11to circumstances beyond the control of the inspector, a supplemental inspection fee of
77.12$20 may $35 shall be assessed in writing by the inspector.
77.13    Subd. 10. Special inspection. For inspections not covered in this section, or for
77.14requested special inspections or services, the fee shall be $30 is $80 per hour, including
77.15travel time, plus 31 cents the standard mileage rate per mile traveled, plus the reasonable
77.16cost of equipment or material consumed. This provision is applicable to inspection of
77.17empty conduits and other jobs as may be determined by the board. This fee may also be
77.18assessed when installations are not accessible by roadway and require alternate forms of
77.19transportation. or are located in the Northwest Angle, or when inspections are performed
77.20outside of Minnesota. For purposes of this subdivision, the standard mileage rate is the
77.21standard mileage rate effective at the time of travel, as established by the Internal Revenue
77.22Service for computing the deductible costs of operating an automobile for business
77.23expense purposes.
77.24    Subd. 11. Inspection of transitory projects. (a) For inspection of transitory
77.25projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
77.26sites, and portable road construction plants, the inspection procedures and fees are as
77.27specified in paragraphs (b) to (i).
77.28    (b) The fee for inspection of each generator or other source of supply is that specified
77.29in subdivision 3. A like fee is required at each engagement or setup.
77.30    (c) In addition to the fee for generators or other sources of supply, there must be an
77.31inspection of all installed feeders, circuits, and equipment at each engagement or setup at
77.32the hourly rate specified in subdivision 10, with a two-hour one-hour minimum.
77.33    (d) An owner, operator, or appointed representative of a transitory enterprise
77.34including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
77.35shows, portable road construction plants, and similar enterprises shall notify the board of
78.1its itinerary or schedule and make application for initial inspection a minimum of 14 days
78.2before its first engagement or setup. An owner, operator, or appointed representative of
78.3a transitory enterprise who fails to notify the board 14 days before its first engagement
78.4or setup may be subject to the investigation fees specified in subdivision 7. The owner,
78.5operator, or appointed representative shall request inspection and pay the inspection
78.6fee for each subsequent engagement or setup at the time of the initial inspection. For
78.7subsequent engagements or setups not listed on the itinerary or schedule submitted to the
78.8board and where the board is not notified at least 48 hours in advance, a charge of $100
78.9may be made in addition to all required fees.
78.10    (e) Amusement rides, devices, concessions, attractions, or other units must be
78.11inspected at their first appearance of the year. The inspection fee is $20 $35 per unit with a
78.12supply of up to 60 amperes and $30 $40 per unit with a supply above 60 amperes.
78.13    (f) An additional fee at the hourly rate specified in subdivision 10 must be charged
78.14for additional time spent by each inspector if equipment is not ready or available for
78.15inspection at the time and date specified on the application for initial inspection or the
78.16request for electrical inspection form.
78.17    (g) In addition to the fees specified in paragraphs (a) and (b), a fee of two hours
78.18one hour at the hourly rate specified in subdivision 10 must be charged for inspections
78.19required to be performed on Saturdays, Sundays, holidays, or after regular business hours.
78.20    (h) The fee for reinspection of corrections or supplemental inspections where an
78.21additional trip is necessary may be assessed as specified in subdivision 8.
78.22    (i) The board may shall retain the inspection fee when an owner, operator, or
78.23appointed representative of a transitory enterprise fails to notify the board at least 48 hours
78.24in advance of a scheduled inspection that is canceled.
78.25    Subd. 11a. Negotiated fee. When the fee calculated according to subdivisions 2 to
78.2611 results in a total fee that unreasonably exceeds the cost of inspection, the board may
78.27negotiate a fee that more reasonably offsets the cost of inspection.
78.28    Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling
78.29of the paper form requesting an electrical inspection is up to $1.
78.30    Subd. 13. National Electrical Code used for interpretation of provisions. For
78.31purposes of interpretation of interpreting this section and Minnesota Rules, chapter 3800,
78.32the most recently adopted edition of the National Electrical Code shall be prima facie
78.33evidence of the definitions, interpretations, and scope of words and terms used.
78.34EFFECTIVE DATE.This section is effective July 1, 2007.

78.35    Sec. 27. REPEALER.
79.1Minnesota Statutes 2006, section 326.01, subdivision 4, is repealed.

79.2ARTICLE 6
79.3PLUMBING

79.4    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:
79.5    Subd. 7. Journeyman plumber. A "journeyman plumber" is any person an
79.6individual, other than a master plumber, who, as a principal occupation, is engaged as an
79.7employee of, or is otherwise working under the direction of, a master plumber in the
79.8practical installation of plumbing.

79.9    Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:
79.10    Subd. 8. Master plumber. A "master plumber" is any person an individual who is
79.11skilled in the planning, superintending, and the practical installation of plumbing and, who
79.12is otherwise lawfully qualified to contract for plumbing and installations and to conduct
79.13the business of plumbing and who is familiar with the laws and rules governing the same.

79.14    Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 9, is amended to read:
79.15    Subd. 9. Plumber's apprentice. A "plumber's apprentice" is any person an
79.16individual, other than a journeyman or master plumber, who, as a principal occupation, is
79.17engaged in working as an employee of a plumbing contractor plumbing work under the
79.18immediate and personal direct supervision of either a master or journeyman plumber or
79.19plumbing contractor in learning to learn and assisting assist in the installation of plumbing.
79.20EFFECTIVE DATE.This section is effective July 1, 2007.

79.21    Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read:
79.22326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY
79.23STANDARDS; LICENSE EXEMPTION.
79.24    Subdivision 1. Rules. The state commissioner of health may, by rule, prescribe
79.25minimum standards which shall be uniform, and which standards shall thereafter be
79.26effective for all new plumbing installations, including additions, extensions, alterations,
79.27and replacements connected with any water or sewage disposal system owned or operated
79.28by or for any municipality, institution, factory, office building, hotel, apartment building,
79.29or any other place of business regardless of location or the population of the city or town in
79.30which the installation is to be located. Notwithstanding the provisions of Minnesota Rules,
79.31part 4715.3130, as they apply to review of plans and specifications, the commissioner may
79.32allow plumbing construction, alteration, or extension to proceed without approval of the
79.33plans or specifications by the commissioner.
79.34    The commissioner shall administer the provisions of sections 326.37 326.361 to
79.35326.45 326.44 and for such purposes may employ plumbing inspectors and other assistants.
80.1    Subd. 1a. Agreements with municipalities. The commissioner may enter into an
80.2agreement with a municipality, in which the municipality agrees to perform plan and
80.3specification reviews required to be performed by the commissioner under Minnesota
80.4Rules, part 4715.3130, if:
80.5    (a) the municipality has adopted:
80.6    (1) the plumbing code;
80.7    (2) an ordinance that requires plumbing plans and specifications to be submitted to,
80.8reviewed, and approved by the municipality, except as provided in paragraph (h);
80.9    (3) an ordinance that authorizes the municipality to perform inspections required by
80.10the plumbing code; and
80.11    (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
80.12entirety, except as provided in paragraph (p);
80.13    (b) the municipality agrees to review plumbing plans and specifications for all
80.14construction for which the plumbing code requires the review of plumbing plans and
80.15specifications, except as provided in paragraph (n);
80.16    (c) the municipality agrees that, when it reviews plumbing plans and specifications
80.17under paragraph (b), the review will:
80.18    (1) reflect the degree to which the plans and specifications affect the public health
80.19and conform to the provisions of the plumbing code;
80.20    (2) ensure that there is no physical connection between water supply systems that
80.21are safe for domestic use and those that are unsafe for domestic use; and
80.22    (3) ensure that there is no apparatus through which unsafe water may be discharged
80.23or drawn into a safe water supply system;
80.24    (d) the municipality agrees to perform all inspections required by the plumbing
80.25code in connection with projects for which the municipality reviews plumbing plans and
80.26specifications under paragraph (b);
80.27    (e) the commissioner determines that the individuals who will conduct the
80.28inspections and the plumbing plan and specification reviews for the municipality do not
80.29have any conflict of interest in conducting the inspections and the plan and specification
80.30reviews;
80.31    (f) individuals who will conduct the plumbing plan and specification reviews for
80.32the municipality are:
80.33    (1) licensed master plumbers;
80.34    (2) licensed professional engineers; or
81.1    (3) individuals who are working under the supervision of a licensed professional
81.2engineer and who: are licensed plumbers; hold a postsecondary degree in engineering; or
81.3are certified by a national model code organization on plumbing systems;
81.4    (g) individuals who will conduct the plumbing plan and specification reviews for
81.5the municipality have passed a competency assessment required by the commissioner to
81.6assess the individual's competency at reviewing plumbing plans and specifications;
81.7    (h) individuals who will conduct the plumbing inspections for the municipality
81.8are licensed master or journeyman plumbers, or inspectors meeting the competency
81.9requirements established in rules adopted under section 16B.655;
81.10    (i) the municipality agrees to enforce in its entirety the plumbing code on all
81.11projects, except as provided in paragraph (p);
81.12    (j) the municipality agrees to keep official records of all documents received,
81.13including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
81.14and certificates issued, reports of inspections, and notices issued in connection with
81.15plumbing inspections and the review of plumbing plans and specifications;
81.16    (k) the municipality agrees to maintain the records described in paragraph (j) in the
81.17official records of the municipality for the period required for the retention of public
81.18records under section 138.17, and shall make these records readily available for review at
81.19the request of the commissioner;
81.20    (l) the municipality and the commissioner agree that if at any time during the
81.21agreement the municipality does not have in effect the plumbing code or any of ordinances
81.22described in item (a), or if the commissioner determines that the municipality is not
81.23properly administering and enforcing the plumbing code or is otherwise not complying
81.24with the agreement:
81.25    (1) the commissioner may, effective 14 days after the municipality's receipt of
81.26written notice, terminate the agreement;
81.27    (2) the municipality may challenge the termination in a contested case before the
81.28commissioner according to the Administrative Procedure Act; and
81.29    (3) while any challenge is pending under item (2), the commissioner shall perform
81.30plan and specification reviews within the municipality under Minnesota Rules, part
81.314715.3130;
81.32    (m) the municipality and the commissioner agree that the municipality may terminate
81.33the agreement with or without cause on 90 days' written notice to the commissioner;
81.34    (n) the municipality and the commissioner agree that the municipality shall forward
81.35to the state for review all plumbing plans and specifications for the following types of
81.36projects within the municipality:
82.1    (1) hospitals, nursing homes, supervised living facilities, and similar
82.2health-care-related facilities regulated by the Minnesota Department of Health;
82.3    (2) buildings owned by the federal or state government; and
82.4    (3) projects of a special nature for which department review is requested by either
82.5the municipality or the state;
82.6    (o) where the municipality forwards to the state for review plumbing plans and
82.7specifications, as provided in paragraph (n), the municipality shall not collect any fee for
82.8plan review, and the commissioner shall collect all applicable fees for plan review; and
82.9    (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
82.10license issued by the state.
82.11    Subd. 1b. Existing agreements with municipalities. Any agreement between the
82.12commissioner and a municipality in which the municipality has agreed to perform plan
82.13and specification reviews required to be performed by the commissioner under Minnesota
82.14Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall
82.15remain in effect and shall not be required to be in compliance with subdivision 1a. If any
82.16agreement to perform plan and specification reviews required to be performed by the
82.17commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of
82.18subdivision 1a is later terminated by operation of the terms of the agreement or by either
82.19the commissioner or the municipality, or expires, then any new agreement between the
82.20commissioner and the municipality to perform plan and specification reviews required to
82.21be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply
82.22with subdivision 1a.
82.23    Subd. 2. Standards for capacity. By January 1, 1993, All new floor-mounted water
82.24closets in areas under jurisdiction of the State plumbing code may not have a flush volume
82.25of more than 1.6 gallons. The water closets must meet the standards of the commissioner
82.26and in the plumbing code and the standards of the American National Standards Institute.
82.27    Subd. 3. Exemption. No license or registration authorized by this section sections
82.28326.361 to 326.44 shall be required of any contractor or employee individual engaged
82.29in or employed by a person engaged in the work or business of pipe laying outside of
82.30buildings if such person individual or employer is engaged in a business or trade which
82.31has traditionally performed such work within the state prior to January 1, 1994.

82.32    Sec. 5. Minnesota Statutes 2006, section 326.38, is amended to read:
82.33326.38 LOCAL REGULATIONS.
82.34    Any city having a system of waterworks or sewerage, or any town in which reside
82.35over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
83.1airports commission, Any of the following entities may, by ordinance, adopt local
83.2regulations providing for plumbing permits, bonds, approval of plans and specifications,
83.3and inspections of plumbing, which regulations are not in conflict with the plumbing
83.4standards on the same subject prescribed by the state commissioner of health. code: any
83.5city having a system of waterworks or sewerage, regardless of population; any town
83.6having a population of 5,000 or more according to the last federal census, exclusive of any
83.7statutory cities located therein; and the Metropolitan Airports Commission. No city or
83.8such town such entity shall prohibit plumbers licensed by the state commissioner of health
83.9from engaging in or working at the business of plumbing, except cities and statutory cities
83.10which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No such
83.11entity shall require any person who engages in the business of plumbing to post a bond
83.12as a prerequisite for engaging in the business of plumbing, except the bond to the state
83.13required under section 326.40 and except any performance bond required under a contract
83.14with the person for the performance of plumbing work for the entity. No such entity shall
83.15require any person who engages in the business of plumbing to maintain public liability
83.16insurance as a prerequisite for engaging in the business of plumbing, except the insurance
83.17required under section 326.40 and except any public liability insurance required under
83.18a contract with the person for the performance of plumbing work for the entity. Any
83.19city by ordinance may prescribe regulations, reasonable standards, and inspections and
83.20grant permits to any person, firm, or corporation engaged in the business of installing
83.21water softeners, who is not licensed as a master plumber or journeyman plumber by the
83.22state commissioner of health, to connect water softening and water filtering equipment
83.23to private residence water distribution systems, where provision has been previously
83.24made therefor and openings left for that purpose or by use of cold water connections to
83.25a domestic water heater; where it is not necessary to rearrange, make any extension or
83.26alteration of, or addition to any pipe, fixture or plumbing connected with the water system
83.27except to connect the water softener, and provided the connections so made comply with
83.28minimum standards prescribed by the state commissioner of health.

83.29    Sec. 6. Minnesota Statutes 2006, section 326.39, is amended to read:
83.30326.39 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER
83.31OF HEALTH.
83.32    Such local authority as may be designated by any such ordinance for the issuance of
83.33such plumbing permits and approval of such plans shall report to the state commissioner
83.34of health of labor and industry persistent or willful violation of the same and any
83.35incompetence of a licensed plumber observed by the local authority.

83.36    Sec. 7. Minnesota Statutes 2006, section 326.40, is amended to read:
84.1326.40 LICENSING, BOND AND INSURANCE.
84.2    Subdivision 1. License required Plumbers must be licensed in certain cities;
84.3master and journeyman plumbers; plumbing on one's own premises; rules for
84.4examination. In any city now or hereafter having 5,000 or more population having a
84.5population of 5,000 or more, according to the last federal census, and having a system
84.6of waterworks or sewerage, no person, firm, or corporation individual shall engage in or
84.7work at the business of a master plumber or journeyman plumber unless licensed to do so
84.8by the state commissioner of health. A master plumber may also work as a journeyman
84.9plumber. Anyone Any individual not so licensed may do plumbing work which complies
84.10with the provisions of the minimum standard prescribed by the state commissioner of
84.11health on premises or that part of premises owned and actually occupied by the worker as
84.12a residence, unless otherwise forbidden to do so by a local ordinance.
84.13    In any such city no person, firm, or corporation shall engage in the business of
84.14planning, superintending, or installing plumbing nor or shall install plumbing in connection
84.15with the dealing in and selling of plumbing material and supplies unless at all times a
84.16licensed master plumber, who shall be responsible for proper planning, superintending,
84.17and installation, is in charge of the plumbing work of the person, firm, or corporation.
84.18    The department of Health shall prescribe rules, not inconsistent herewith, for the
84.19examination and licensing of plumbers.
84.20    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give
84.21bond to the state in the amount of $25,000 for all work entered into within the state. The
84.22bond shall be for the benefit of persons injured or suffering financial loss by reason of
84.23failure to comply with the requirements of the State Plumbing Code. A The bond given to
84.24the state shall be filed with the commissioner of health and shall be in lieu of all other
84.25bonds to any political subdivision required for plumbing work. The bond shall be written
84.26by a corporate surety licensed to do business in the state.
84.27    In addition, each applicant for a master plumber license or renewal thereof, may
84.28shall provide evidence of public liability insurance, including products liability insurance
84.29with limits of at least $50,000 per person and $100,000 per occurrence and property
84.30damage insurance with limits of at least $10,000. The insurance shall be written by an
84.31insurer licensed to do business in the state of Minnesota and each licensed master plumber
84.32shall maintain on file with the state commissioner of health a certificate evidencing the
84.33insurance providing that the insurance shall not be canceled without the insurer first giving
84.3415 days written notice to the commissioner. The term of the insurance shall be concurrent
84.35with the term of the license. The certificate shall be in lieu of all other certificates required
84.36by any political subdivision for licensing purposes.
85.1    Subd. 3. Bond and insurance exemption. If a master plumber who is an employee
85.2of a master plumber or who is an employee engaged within the limits of property owned,
85.3leased and operated, or maintained by the employer, in the maintenance and repair of
85.4plumbing equipment, apparatus, or facilities owned or leased by the employer, who is in
85.5compliance with the bond and insurance requirements of subdivision 2 employs another
85.6master plumber, the employee master plumber shall not be required to meet the bond and
85.7insurance requirements of subdivision 2. A master plumber who is an employee working
85.8on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or
85.9leased by their employer and which is within the limits of property owned or leased, and
85.10operated or maintained by their employer, shall not be required to meet the bond and
85.11insurance requirements of subdivision 2.
85.12    Subd. 4. Alternative compliance. Compliance with the local bond requirements of
85.13a locale within which work is to be performed shall be deemed to satisfy the bond and
85.14insurance requirements of subdivision 2, provided the local ordinance requires at least a
85.15$25,000 bond.
85.16    Subd. 5. Fee. The state commissioner of health may charge Each person giving
85.17bond to the state under subdivision 2 shall pay the department an annual bond filing
85.18registration fee commensurate with the cost of administering the bond and insurance
85.19requirements of subdivision 2 of $40.
85.20EFFECTIVE DATE.This section is effective December 1, 2007, except that the
85.21amendments to subdivision 5 are effective July 1, 2007.

85.22    Sec. 8. Minnesota Statutes 2006, section 326.401, is amended to read:
85.23326.401 PLUMBER'S APPRENTICES.
85.24    Subdivision 1. Registration. A All plumber's apprentice must be registered. To be a
85.25registered plumber's apprentice, an individual must either:
85.26    (1) be an apprentice employed in the trade of plumbing under an apprenticeship
85.27agreement approved by the department under Minnesota Rules, part 5200.0300; or
85.28    (2) be registered with the commissioner of health on a registration application form
85.29supplied by the commissioner showing the date of beginning training, age, schooling,
85.30previous experience, employer, and other information required by the commissioner.
85.31under subdivision 3 as an unlicensed individual on a registration application form supplied
85.32by the apprenticeship council showing the date of beginning training, schooling, and
85.33previous experience. A registered plumber's apprentice is authorized to assist in the
85.34installation of plumbing only while under the direct supervision of a master or journeyman
86.1plumber. The master or journeyman plumber is responsible for ensuring that all plumbing
86.2work performed by the registered plumber's apprentice complies with the plumbing code.
86.3    Subd. 2. Journeyman exam. A registered plumber's apprentice who has
86.4completed four years of practical plumbing experience is eligible to take the journeyman
86.5plumbing examination. Up to 24 months of practical plumbing experience prior to
86.6registration as an apprentice becoming a registered plumber's apprentice may be applied
86.7to the four-year experience requirement. However, none of this practical plumbing
86.8experience may be applied if the person individual did not have any practical plumbing
86.9experience in the 12-month period immediately prior to registration becoming a registered
86.10plumber's apprentice. The commissioner may adopt rules to evaluate whether the
86.11person's individual's past practical plumbing experience is applicable in preparing for the
86.12journeyman's examination. If two years after completing the training the person individual
86.13has not taken the examination, the four years of experience shall be forfeited.
86.14    The commissioner may allow an extension of the two-year period for taking the
86.15exam for cases of hardship or other appropriate circumstances.
86.16    Subd. 3. Registration, rules, applications, renewals, and fees. The Department
86.17of Health may assess fees to pay for the administration of the apprentice registration
86.18program. A plumber's apprentice may register by completing and submitting to the
86.19commissioner a registration form provided by the commissioner. A completed registration
86.20form must state the date the apprentice began training, the apprentice's age, schooling,
86.21previous experience, and employer, and other information required by the commissioner.
86.22The department may prescribe rules, not inconsistent with this section, for the registration
86.23of plumber's apprentice. Each applicant for initial registration as a plumber's apprentice
86.24shall pay the department an application fee of $25. Applications for initial registration
86.25may be submitted at any time. Registration must be renewed annually and shall be for the
86.26period from July 1 of each year to June 30 of the following year. Applications for renewal
86.27registration must be received by the commissioner by June 30 of each registration period
86.28on forms provided by the commissioner, and must be accompanied by a fee of $25. An
86.29application for renewal registration received on or after July 1 in any year but no more
86.30than three months after expiration of the previously issued registration must pay the past
86.31due renewal fee plus a late fee of $25. No applications for renewal registration will be
86.32accepted more than three months after expiration of the previously issued registration.
86.33EFFECTIVE DATE.This section is effective July 1, 2007.

86.34    Sec. 9. Minnesota Statutes 2006, section 326.405, is amended to read:
86.35326.405 RECIPROCITY WITH OTHER STATES.
87.1    The commissioner of health may issue a temporary license without examination,
87.2upon payment of the required fee, nonresident applicants who are licensed under the laws
87.3of a state having standards for licensing plumbers which the commissioner determines
87.4are substantially equivalent to the standards of this state if the other state grants similar
87.5privileges to Minnesota residents duly licensed in this state. Applicants who receive a
87.6temporary license under this section may acquire a cumulative 24 months of experience
87.7before they have to apply and pass the plumbing licensing examination. Applicants must
87.8register with the commissioner of labor and industry and the commissioner shall set a fee
87.9for a temporary license. Applicants have four years in which to comply with this section.

87.10    Sec. 10. Minnesota Statutes 2006, section 326.42, is amended to read:
87.11326.42 APPLICATIONS, FEES.
87.12    Subdivision 1. Application. Applications for plumber's license shall be made to
87.13the state commissioner of health, with fee. Unless the applicant is entitled to a renewal,
87.14the applicant shall be licensed by the state commissioner of health only after passing a
87.15satisfactory examination by the examiners showing fitness. Unless examination fees have
87.16been set by a contract under section 326B.05, examination fees for both journeyman and
87.17master plumbers shall be in an amount prescribed by the state commissioner of health
87.18pursuant to section 144.122 $50 for each examination. Upon being notified that of having
87.19successfully passed the examination for original license the applicant shall submit an
87.20application, with the license fee herein provided. License fees shall be in an amount
87.21prescribed by the state commissioner of health pursuant to section 144.122. Licenses shall
87.22expire and be renewed as prescribed by the commissioner pursuant to section 144.122.
87.23The license fee for each initial and renewal master plumber's license shall be $120. The
87.24license fee for each initial and renewal journeyman plumber's license shall be $55. The
87.25commissioner may by rule prescribe for the expiration and renewal of licenses. Any
87.26licensee who does not renew a license within two years after the license expires is no
87.27longer eligible for renewal. Such an individual must retake and pass the examination
87.28before a new license will be issued. A journeyman or master plumber who submits a
87.29license renewal application after the time specified in rule but within two years after the
87.30license expired must pay all past due renewal fees plus a late fee of $25.
87.31    Subd. 2. Fees for plan reviews and audits. Plumbing system plans and
87.32specifications that are submitted to the commissioner for review shall be accompanied by
87.33the appropriate plan examination fees. If the commissioner determines, upon review of
87.34the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior
87.35to plan approval. The commissioner shall charge the following fees for plan reviews and
87.36audits of plumbing installations for public, commercial, and industrial buildings:
88.1    (1) systems with both water distribution and drain, waste, and vent systems and
88.2having:
88.3    (i) 25 or fewer drainage fixture units, $150;
88.4    (ii) 26 to 50 drainage fixture units, $250;
88.5    (iii) 51 to 150 drainage fixture units, $350;
88.6    (iv) 151 to 249 drainage fixture units, $500;
88.7    (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum
88.8of $4,000; and
88.9    (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch
88.10basin design;
88.11    (2) building sewer service only, $150;
88.12    (3) building water service only, $150;
88.13    (4) building water distribution system only, no drainage system, $5 per supply
88.14fixture unit or $150, whichever is greater;
88.15    (5) storm drainage system, a minimum fee of $150 or:
88.16    (i) $50 per drain opening, up to a maximum of $500; and
88.17    (ii) $70 per interceptor, separator, or catch basin design;
88.18    (6) manufactured home park or campground, one to 25 sites, $300;
88.19    (7) manufactured home park or campground, 26 to 50 sites, $350;
88.20    (8) manufactured home park or campground, 51 to 125 sites, $400;
88.21    (9) manufactured home park or campground, more than 125 sites, $500;
88.22    (10) accelerated review, double the regular fee, one-half to be refunded if no
88.23response from the commissioner within 15 business days; and
88.24    (11) revision to previously reviewed or incomplete plans:
88.25    (i) review of plans for which the commissioner has issued two or more requests for
88.26additional information, per review, $100 or ten percent of the original fee, whichever
88.27is greater;
88.28    (ii) proposer-requested revision with no increase in project scope, $50 or ten percent
88.29of original fee, whichever is greater; and
88.30    (iii) proposer-requested revision with an increase in project scope, $50 plus the
88.31difference between the original project fee and the revised project fee.
88.32    Subd. 3. Inspection fees. The commissioner shall charge the following fees for
88.33inspections under sections 326.361 to 326.44:
88.34
Residential inspection fee (each visit)
$50
88.35
88.36
Public, commercial, and industrial
inspections
Inspection fee
89.1
25 or fewer drainage fixture units
$300
89.2
26 to 50 drainage fixture units
$900
89.3
51 to 150 drainage fixture units
$1,200
89.4
151 to 249 drainage fixture units
$1,500
89.5
250 or more drainage fixture units
$1,800
89.6
Callback fee (each visit)
$100
89.7EFFECTIVE DATE.This section is effective July 1, 2007.

89.8    Sec. 11. [326B.41] PURPOSE.
89.9    The purpose of sections 326B.41 to 326B.49 is to promote the public health and
89.10safety through properly designed, acceptably installed, and adequately maintained
89.11plumbing systems.

89.12    Sec. 12. [326B.42] DEFINITIONS.
89.13    Subdivision 1. Words, terms, and phrases. For purposes of sections 326B.41 to
89.14326B.49, the terms defined in this section have the meanings given to them.
89.15    Subd. 2. Direct supervision. The term "direct supervision," with respect to direct
89.16supervision of a plumber's apprentice by a master or journeyman plumber, means that:
89.17    (1) at all times while the plumber's apprentice is performing plumbing work, the
89.18master or journeyman plumber is present at the location where the plumber's apprentice is
89.19working;
89.20    (2) the master or journeyman plumber is physically present and immediately
89.21available to the plumber's apprentice at all times for assistance and direction;
89.22(3) any form of electronic supervision does not meet the requirement of physically
89.23present;
89.24    (4) the master or journeyman plumber actually reviews the plumbing work
89.25performed by the plumber's apprentice before the plumbing is operated; and
89.26    (5) the master or journeyman plumber is able to and does determine that all
89.27plumbing work performed by the plumber's apprentice is performed in compliance with
89.28the plumbing code.
89.29    Subd. 5. Municipality. The term "municipality" shall have the meaning given to it
89.30in section 16B.60, subdivision 3.
89.31    Subd. 6. Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.

89.32    Sec. 13. REVISOR'S INSTRUCTION.
89.33    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
89.34column A with the number listed in column B. The revisor shall also make necessary
89.35cross-referenced changes consistent with the renumbering.
90.1
Column A
Column B
90.2
326.01, subd. 7
326B.42, subd. 3
90.3
326.01, subd. 8
326B.42, subd. 4
90.4
326.01, subd. 9
326B.42, subd. 7
90.5
326.37
326B.43
90.6
326.38
326B.44
90.7
326.39
326B.45
90.8
326.40
326B.46
90.9
326.401
326B.47
90.10
326.405
326B.48
90.11
326.42
326B.49

90.12ARTICLE 7
90.13WATER CONDITIONING CONTRACTORS AND INSTALLERS

90.14    Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
90.15    Subdivision 1. Rulemaking by commissioner of health. The state commissioner
90.16of health shall, by rule, prescribe minimum standards which shall be uniform, and
90.17which standards shall thereafter be effective for all new water conditioning servicing
90.18and water conditioning installations, including additions, extensions, alterations, and
90.19replacements connected with any water or sewage disposal system owned or operated by
90.20or for any municipality, institution, factory, office building, hotel, apartment building or
90.21any other place of business, regardless of location or the population of the city, county
90.22or town in which located. Such rules, upon approval of the attorney general and their
90.23legal publication, shall have the force of law, and the violation of any part thereof shall
90.24constitute a misdemeanor and may be enjoined by the attorney general.

90.25    Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:
90.26326.58 LOCAL REGULATIONS.
90.27    Any city or town with a population of 5,000 or more persons according to the last
90.28federal census may, by ordinance, adopt local regulations providing for water conditioning
90.29permits, bonds, approval of plans, and inspections of water conditioning installations and
90.30servicing, which regulations shall not be in conflict with the water conditioning standards
90.31on the same subject prescribed by the state commissioner of health. No such city or
90.32town shall prohibit water conditioning contractors or installers licensed by the state
90.33commissioner of health from engaging in or working at the business.

90.34    Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:
90.35326.59 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER
90.36OF HEALTH.
91.1    Such local authority as may be designated by any such ordinance for the issuance
91.2of such water conditioning installation and servicing permits and approval of such plans
91.3shall report to the state commissioner of health persistent or willful violations of the
91.4same and any incompetence of a licensed water conditioning contractor or licensed water
91.5conditioning installer observed by the local authority.

91.6    Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:
91.7326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
91.8    Subdivision 1. Licensing in certain cities. In any city or town now or hereafter
91.9having a population of 5,000 or more according to the last federal census, no person, firm,
91.10or corporation shall engage in or work at the business of water conditioning installation or
91.11servicing after January 1, 1970, unless (a) (1) at all times a person an individual licensed
91.12as a water conditioning contractor by the state commissioner of health shall be responsible
91.13for the proper water conditioning installation and servicing work of such person, firm, or
91.14corporation, and (b) (2) all installations, other than exchanges of portable equipment, are
91.15actually made performed by a licensed water conditioning contractor or licensed water
91.16conditioning installer. Anyone Any individual not so licensed may do perform water
91.17conditioning work which that complies with the provisions of the minimum standard
91.18prescribed by the state commissioner of health on premises or that part of premises owned
91.19and actually occupied by the worker as a residence, unless otherwise forbidden to do so
91.20prohibited by a local ordinance.
91.21    Subd. 2. Qualifications for licensing. A water conditioning contractor license
91.22shall be issued only to a person an individual who has demonstrated skill in planning,
91.23superintending, and servicing water conditioning installations. A water conditioning
91.24installer license shall only be issued to a person an individual other than a water
91.25conditioning contractor who has demonstrated practical knowledge of water conditioning
91.26installation.
91.27    Subd. 3. Rules. The state commissioner of health shall:
91.28    (a) (1) prescribe rules, not inconsistent herewith, for the licensing of water
91.29conditioning contractors and installers;
91.30    (b) (2) license water conditioning contractors and installers;
91.31    (c) (3) prescribe rules not inconsistent herewith for the examining of water
91.32conditioning contractors and installers prior to first granting a license as a water
91.33conditioning contractor or water conditioning installer; and
91.34    (d) (4) collect an examination fee from each examinee for a license as a water
91.35conditioning contractor and a an examination fee from each examinee for a license
92.1as a water conditioning installer in an amount prescribed by the state commissioner of
92.2health pursuant to set forth in section 144.122 326.62. A water conditioning installer
92.3must successfully pass the examination for water conditioning contractors before being
92.4licensed as a water conditioning contractor.

92.5    Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:
92.6326.601 ALTERNATIVE STATE BONDING AND INSURANCE
92.7REGULATION.
92.8    Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or
92.9installer license or renewal thereof who is required by any political subdivision to give a
92.10bond to obtain or maintain the license, may comply with any political subdivision bonding
92.11requirement by giving a bond to the state as described in paragraph (b). No applicant for a
92.12water conditioning contractor or installer license who maintains the bond under paragraph
92.13(b) shall be otherwise required to meet the bond requirements of any political subdivision.
92.14    (b) Each bond given to the state under this subdivision shall be in the total penal sum
92.15of $3,000 conditioned upon the faithful and lawful performance of all water conditioning
92.16contracting or installing work done within the state. The bond shall be for the benefit of
92.17persons suffering injuries or damages due to the work. The bond shall be filed with the
92.18commissioner of health and shall be written by a corporate surety licensed to do business
92.19in this state. No applicant for a water conditioning contractor or installer license who
92.20maintains the bond under this subdivision shall be otherwise required to meet the bond
92.21requirements of any political subdivision. The bond must remain in effect at all times
92.22while the application is pending and while the license is in effect.
92.23    Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or
92.24installer license or renewal thereof may, in lieu of all other insurance requirements of any
92.25political subdivision for said licensing purposes, maintain the insurance specified by
92.26this subdivision. who is required by any political subdivision to maintain insurance to
92.27obtain or maintain the license may comply with any political subdivision's insurance
92.28requirement by maintaining the insurance described in paragraph (b). No applicant for a
92.29water conditioning contractor or installer license who maintains the insurance described
92.30in paragraph (b) shall be otherwise required to meet the insurance requirements of any
92.31political subdivision.
92.32    (b) The insurance shall provide coverage, including products liability coverage,
92.33for all damages in connection with licensed work for which the licensee is liable, with
92.34personal damage limits of at least $50,000 per person and $100,000 per occurrence and
92.35property damage insurance with limits of at least $10,000. The insurance shall be written
92.36by an insurer licensed to do business in this state and each licensed water conditioning
93.1contractor or installer shall maintain on file with the commissioner of health a certificate
93.2evidencing the insurance shall be filed with the commissioner. The insurance must remain
93.3in effect at all times while the application is pending and while the license is in effect. The
93.4insurance shall not be canceled without the insurer first giving 15 days' written notice to
93.5the commissioner.
93.6    Subd. 3. Bond and insurance exemption. A water conditioning contractor or
93.7installer who is an employee of a water conditioning contractor or installer, including
93.8an employee engaged in the maintenance and repair of water conditioning equipment,
93.9apparatus, or facilities owned, leased and operated, or maintained by the employer, is
93.10not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of
93.11any political subdivision.
93.12    Subd. 4. Fee. The commissioner of health may establish by rule an additional
93.13fee commensurate with the cost of administering the bond and insurance requirements
93.14of subdivisions 1 and 2, which may be charged shall collect a $40 bond registration fee
93.15from each applicant for issuance or renewal of a water conditioning contractor or installer
93.16license who elects to proceed under subdivisions 1 and 2.
93.17EFFECTIVE DATE.This section is effective December 1, 2007, except that the
93.18amendments to subdivision 4 are effective July 1, 2007.

93.19    Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
93.20    Subdivision 1. Water conditioning installation. "Water conditioning installation"
93.21as used in sections 326.57 to 326.65 means the installation of appliances, appurtenances,
93.22and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical
93.23or bacterial content, said installation to be made in a water distribution system serving a
93.24single family residential unit, which has been initially established by a licensed plumber,
93.25and does not involve a direct connection without an air gap to a soil or waste pipe.

93.26    Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
93.27    Subd. 2. Water conditioning servicing. "Water conditioning servicing" as used in
93.28sections 326.57 to 326.65 means the servicing (including servicing prior to installation) of
93.29a water conditioning installation.

93.30    Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
93.31    Subd. 3. Rules. In order to provide effective protection of the public health, the
93.32state commissioner of health may by rule prescribe limitations on the nature of alteration
93.33to, extension of, or connection with, the said water distribution system initially established
93.34by a licensed plumber which may be performed by a person licensed hereunder, and may
94.1by rule in appropriate instances require filing of plans, blueprints and specifications prior
94.2to commencement of installation. Such rules, upon approval of the attorney general and
94.3their legal publication, shall have the force of law, and the violation of any part thereof
94.4shall constitute a misdemeanor. The installation of water heaters shall not constitute water
94.5conditioning installation and consequently such work shall be accomplished in accordance
94.6with the provisions of sections 326.37 326.361 to 326.45 326.44.

94.7    Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
94.8    Subd. 4. Single family residential unit. "Single family residential unit" as used in
94.9sections 326.57 to 326.65 means a building or portion thereof which is arranged, designed,
94.10used or intended to be used for residential occupancy by one family, but not including a
94.11motel, hotel or rooming house.

94.12    Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:
94.13326.62 APPLICATIONS; FEES.
94.14    Applications for water conditioning contractor's or installer's licenses shall be
94.15made to the state commissioner of health with the fee prescribed by the commissioner
94.16pursuant to section 144.122. Licenses shall expire and be renewed as prescribed by
94.17the commissioner pursuant to section 144.122. Unless examination fees have been set
94.18by a contract under section 326B.05, examination fees for both water conditioning
94.19contractors and water conditioning installers shall be $50 for each examination. Each
94.20water conditioning contractor and installer license shall expire on December 31 of the year
94.21for which it was issued. The license fee for each initial water conditioning contractor's
94.22license shall be $70, except that the license fee shall be $35 if the application is submitted
94.23during the last three months of the calendar year. The license fee for each renewal water
94.24conditioning contractor's license shall be $70. The license fee for each initial water
94.25conditioning installer license shall be $35, except that the license fee shall be $17.50 if the
94.26application is submitted during the last three months of the calendar year. The license fee
94.27for each renewal water conditioning installer license shall be $35. The commissioner may
94.28by rule prescribe for the expiration and renewal of licenses. Any licensee who does not
94.29renew a license within two years after the license expires is no longer eligible for renewal.
94.30Such an individual must retake and pass the examination before a new license will be
94.31issued. A water conditioning contractor or water conditioning installer who submits a
94.32license renewal application after the time specified in rule but within two years after the
94.33license expired must pay all past due renewal fees plus a late fee of $25.
94.34EFFECTIVE DATE.This section is effective July 1, 2007.

94.35    Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:
95.1326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
95.2    The provisions of sections 326.57 to 326.65 which that require the obtaining of
95.3licenses to engage in the work or business of water conditioning installation, and the
95.4provisions which that provide for the examination of applicants for such licenses, shall
95.5only apply to work accomplished in cities or towns having populations of 5,000 or more
95.6according to the last federal census, and shall not apply to master plumbers and journeymen
95.7plumbers licensed under the provisions of sections 326.37 326.361 to 326.45 326.44.

95.8    Sec. 12. [326.651] RECIPROCITY WITH OTHER STATES.
95.9    The commissioner may issue a temporary license without examination, upon
95.10payment of the required fee, nonresident applicants who are licensed under the laws of a
95.11state having standards for licensing which the commissioner determines are substantially
95.12equivalent to the standards of this state if the other state grants similar privileges to
95.13Minnesota residents duly licensed in this state. Applicants who receive a temporary
95.14license under this section may acquire an aggregate of 24 months of experience before
95.15they have to apply and pass the licensing examination. Applicants must register with the
95.16commissioner of labor and industry and the commissioner shall set a fee for a temporary
95.17license. Applicants have five years in which to comply with this section.

95.18    Sec. 13. [326B.50] DEFINITIONS.
95.19    Subdivision 1. Words, terms, and phrases. For the purposes of sections 326B.50
95.20to 326B.59, the terms defined in this section have the meanings given them.

95.21    Sec. 14. REVISOR'S INSTRUCTION.
95.22    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
95.23column A with the number listed in column B. The revisor shall also make necessary
95.24cross-reference changes consistent with the renumbering.
95.25
Column A
Column B
95.26
326.57
326B.52
95.27
326.58
326B.53
95.28
326.59
326B.54
95.29
326.60
326B.55
95.30
326.601
326B.56
95.31
326.61, subd. 1
326B.50, subd. 3
95.32
326.61, subd. 2
326B.50, subd. 4
95.33
326.61, subd. 3
326B.57
95.34
326.61, subd. 4
326B.50, subd. 2
95.35
326.62
326B.58
95.36
326.65
326B.59

95.37ARTICLE 8
96.1RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

96.2    Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:
96.3325E.58 SIGN CONTRACTOR; BOND.
96.4    (a) A sign contractor may post a compliance bond with the commissioner,
96.5conditioned that the sign contractor shall faithfully perform duties and comply with laws,
96.6ordinances, rules, and contracts entered into for the installation of signs. The bond must
96.7be renewed annually and maintained for so long as determined by the commissioner. The
96.8aggregate liability of the surety on the bond to any and all persons, regardless of the
96.9number of claims made against the bond, may not exceed the annual amount of the bond.
96.10The bond may be canceled as to future liability by the surety upon 30 days' written notice
96.11mailed to the commissioner by United States mail.
96.12    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by
96.13a local unit of government that requires sign installers contractors to post a compliance
96.14bond. The bond is in lieu of any compliance bond required by a local unit of government.
96.15    (c) For purposes of this section, "sign" means a device, structure, fixture, or
96.16placard using graphics, symbols, or written copy that is erected on the premises of an
96.17establishment including the name of the establishment or identifying the merchandise,
96.18services, activities, or entertainment available on the premises.

96.19    Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
96.20    Subd. 6. Lessee. "Lessee" means one who rents or leases residential real estate
96.21pursuant to a written lease agreement of at least one year's duration.

96.22    Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
96.23    Subd. 7. Licensee. "Licensee" means a residential building contractor, residential
96.24remodeler, manufactured home installer, or residential roofer licensed under sections
96.25326.83 to 326.991 326.98.

96.26    Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
96.27    Subd. 11. Owner. Except in section 326.91, subdivision 1, "owner" means a person
96.28who has any legal or equitable interest in real property. For purposes of sections 326.83
96.29to 326.991, "owner" does not include a residential building contractor or residential
96.30remodeler who constructs or improves its own property for purposes of speculation. A
96.31residential building contractor or residential remodeler will be presumed to be building or
96.32improving for purposes of speculation if it constructs or improves more than one property
96.33within any 24-month period. "Owner," when used in connection with real property, means
96.34a person who has any legal or equitable interest in the real property.

96.35    Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
97.1    Subd. 18. Residential roofer. "Residential roofer" means a person in the business
97.2of contracting, or offering to contract with an owner, to complete work on residential real
97.3estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of
97.4roof systems, but not construction of new roof systems.

97.5    Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
97.6    Subd. 19. Special skill. "Special skill" means one of the following eight categories:
97.7    (a) Excavation. Excavation includes work in any of the following areas:
97.8    (1) excavation;
97.9    (2) trenching;
97.10    (3) grading; and
97.11    (4) site grading.
97.12    (b) Masonry and concrete. Masonry and concrete includes work in any of the
97.13following areas:
97.14    (1) drain systems;
97.15    (2) poured walls;
97.16    (3) slabs and poured-in-place footings;
97.17    (4) masonry walls;
97.18    (5) masonry fireplaces;
97.19    (6) masonry veneer; and
97.20    (7) water resistance and waterproofing.
97.21    (c) Carpentry. Carpentry includes work in any of the following areas:
97.22    (1) rough framing;
97.23    (2) finish carpentry;
97.24    (3) doors, windows, and skylights;
97.25    (4) porches and decks, excluding footings;
97.26    (5) wood foundations; and
97.27    (6) drywall installation, excluding taping and finishing.
97.28    (d) Interior finishing. Interior finishing includes work in any of the following areas:
97.29    (1) floor covering;
97.30    (2) wood floors;
97.31    (3) cabinet and counter top installation;
97.32    (4) insulation and vapor barriers;
97.33    (5) interior or exterior painting;
97.34    (6) ceramic, marble, and quarry tile;
97.35    (7) ornamental guardrail and installation of prefabricated stairs; and
97.36    (8) wallpapering.
98.1    (e) Exterior finishing. Exterior finishing includes work in any of the following
98.2areas:
98.3    (1) siding;
98.4    (2) soffit, fascia, and trim;
98.5    (3) exterior plaster and stucco;
98.6    (4) painting; and
98.7    (5) rain carrying systems, including gutters and down spouts.
98.8    (f) Drywall and plaster. Drywall and plaster includes work in any of the following
98.9areas:
98.10    (1) installation;
98.11    (2) taping;
98.12    (3) finishing;
98.13    (4) interior plaster;
98.14    (5) painting; and
98.15    (6) wallpapering.
98.16    (g) Residential roofing. Residential roofing includes work in any of the following
98.17areas:
98.18    (1) roof coverings;
98.19    (2) roof sheathing;
98.20    (3) roof weatherproofing and insulation; and
98.21    (4) repair of roof support system, but not construction of new roof support system.
98.22    (h) General installation specialties. Installation includes work in any of the
98.23following areas:
98.24    (1) garage doors and openers;
98.25    (2) pools, spas, and hot tubs;
98.26    (3) fireplaces and wood stoves;
98.27    (4) asphalt paving and seal coating; and
98.28    (5) exterior plaster and stucco; and
98.29    (6) ornamental guardrail and prefabricated stairs.

98.30    Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:
98.31    Subd. 20. Specialty contractor. "Specialty contractor" means a person in the
98.32business of contracting or offering to contract to build or improve residential real estate by
98.33providing only one special skill as defined in this section.

98.34    Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:
98.35326.84 LICENSING REQUIREMENTS.
99.1    Subdivision 1. Persons required to be licensed. A person who meets the definition
99.2of a residential building contractor as defined in section 326.83, subdivision 15, must be
99.3licensed as a residential building contractor by the commissioner. A person who meets
99.4the definition of a residential remodeler as defined in section 326.83, subdivision 16,
99.5or a residential building contractor as defined in section 326.83, subdivision 15, must
99.6be licensed as a residential building contractor or residential remodeler. 16, must be
99.7licensed by the commissioner as a residential remodeler or residential building contractor.
99.8A person who meets the definition of a residential roofer as defined in section 18 must
99.9be licensed by the commissioner as a residential roofer, residential building contractor,
99.10or residential remodeler. A person who meets the definition of a manufactured home
99.11installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured
99.12home installer by the commissioner.
99.13    Subd. 1a. Persons who may be licensed. A person who meets the definition of
99.14a specialty contractor as defined in section 326.83, subdivision 20 19, may be licensed
99.15by the commissioner as a residential building contractor or residential remodeler unless
99.16required to be licensed by the state as a specialty contractor.
99.17    Subd. 1b. Prohibition. Except as provided in subdivision 3, no persons required
99.18to be licensed by subdivision 1 may act or hold themselves out as a residential building
99.19contractors or contractor, residential remodelers remodeler, residential roofer, or
99.20manufactured home installer for compensation without a valid license issued by the
99.21commissioner.
99.22    Subd. 1c. Licensing criteria. The examination and education requirements for
99.23licensure under sections 326.84 to 326.991 326.98 must be fulfilled by a qualifying person
99.24designated by the potential licensee. If the qualifying person is a managing employee, the
99.25qualifying person must be an employee who is regularly employed by the licensee and
99.26is actively engaged in the business of residential contracting or residential remodeling
99.27on behalf of the licensee. For a sole proprietorship, the qualifying person must be the
99.28proprietor or managing employee. For a partnership, the qualifying person must be a
99.29general partner or managing employee. For a limited liability company, the qualifying
99.30person must be a chief manager or managing employee. For a corporation, the qualifying
99.31person must be a chief executive officer an owner, officer, or managing employee. A
99.32qualifying person for a corporation or limited liability company may act as a the qualifying
99.33person for one additional corporation if one of the following conditions exists:
99.34    (1) there is a common ownership of at least 25 percent of each licensed corporation
99.35for which the person acts in a qualifying capacity; or
100.1    (2) one corporation is a subsidiary of another corporation for which the same person
100.2acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of
100.3which at least 25 percent is owned by the parent corporation. more than one corporation
100.4or limited liability company if there is common ownership of at least 25 percent among
100.5each of the licensed corporations or limited liability companies for which the person
100.6acts in the capacity of qualifying person.
100.7    Subd. 1d. Required information. (a) Each licensee or applicant for licensure shall
100.8provide to the commissioner a current street address and telephone number where the
100.9licensee resides, and a street address and telephone number where the licensee's business
100.10is physically located. A post office box address is not sufficient to satisfy this requirement.
100.11Each licensee or applicant for licensure must notify the commissioner in writing of any
100.12change in the required information within 15 days of the change.
100.13    (b) Each licensee or applicant for licensure must notify the commissioner in writing
100.14upon any change in control, ownership, officers or directors, personal name, business
100.15name, license name, or qualifying person, within 15 days of the change.
100.16    (c) Each licensee or applicant for licensure must notify the commissioner in writing if
100.17the licensee or applicant for licensure is found to be a judgment debtor based upon conduct
100.18requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
100.19    (d) Each licensee or applicant for licensure must notify the commissioner in writing
100.20within 15 days of filing a petition for bankruptcy.
100.21    (e) Each licensee or applicant for licensure must notify the commissioner in writing
100.22within ten days if the licensee or applicant for licensure has been found guilty of a felony,
100.23gross misdemeanor, misdemeanor, or any comparable offense related to residential
100.24contracting, including convictions of fraud, misrepresentation, misuse of funds, theft,
100.25criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this
100.26or any other state or any other United States jurisdiction.
100.27    Subd. 1e. Reciprocity with other states. The commissioner may issue a temporary
100.28license without examination, upon payment of the required fee, nonresident applicants
100.29who are licensed under the laws of a state having standards for licensing which the
100.30commissioner determines are substantially equivalent to the standards of this state if
100.31the other state grants similar privileges to Minnesota residents duly licensed in this
100.32state. Applicants who receive a temporary license under this section may acquire an
100.33aggregate of 24 months of experience before they have to apply and pass the licensing
100.34examination. Applicants must register with the commissioner of labor and industry and
100.35the commissioner shall set a fee for a temporary license. Applicants have five years in
100.36which to comply with this section.
101.1    Subd. 3. Exemptions. The license requirement does not apply to:
101.2    (1) an employee of a licensee performing work for the licensee;
101.3    (2) a material person, manufacturer, or retailer furnishing finished products,
101.4materials, or articles of merchandise who does not install or attach the items;
101.5    (3) an owner or owners of residential real estate who build or improve builds or
101.6improves any structure on residential real estate and who do the work themselves or
101.7jointly with the owner's own, if the building or improving is performed by the owner's
101.8bona fide employees or by individual owners personally. This exemption does not apply
101.9to a person who engages in a pattern of building or improving real estate for purposes of
101.10resale. Such a pattern is presumed to exist if the person constructs or improves more
101.11than one property within any 24-month period; an owner who constructs or improves
101.12property for purposes of speculation if the building or improving is performed by the
101.13owner's bona fide employees or by individual owners personally. A residential building
101.14contractor or residential remodeler will be presumed to be building or improving for
101.15purposes of speculation if the contractor or remodeler constructs or improves more than
101.16one property within any 24-month period.
101.17    (4) an architect or professional engineer engaging in professional practice as defined
101.18in this chapter by section 326.02, subdivisions 2 and 3;
101.19    (5) a person whose total gross annual receipts from projects regulated under this
101.20section for performing specialty skills for which licensure would be required under this
101.21section do not exceed $15,000;
101.22    (6) a mechanical contractor;
101.23    (7) a plumber, electrician, or other person whose profession is otherwise subject to
101.24statewide licensing, when engaged in the activity which is the subject of that licensure;
101.25    (8) specialty contractors who provide only one special skill as defined in section
101.26326.83 ;
101.27    (9) a school district, or a technical college governed under chapter 136F; and
101.28    (10) manufactured housing installers; and
101.29    (11) (10) Habitat for Humanity and Builders Outreach Foundation, and their
101.30individual volunteers when engaged in activities on their behalf.
101.31    To qualify for the exemption in clause (5), a person must obtain a certificate of
101.32exemption from licensing licensure from the commissioner.
101.33    A certificate of exemption will be issued upon the applicant's filing with the
101.34commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in
101.35gross annual receipts derived from contracting activities during the calendar year for which
101.36the exemption is requested performing services which require licensure under this section.
102.1    To renew the exemption in clause (5), the applicant must file an affidavit stating that
102.2the applicant did not exceed $15,000 in gross annual receipts during the past calendar
102.3year, and the applicant does not expect to exceed $15,000 in gross annual receipts during
102.4the calendar year for which the exemption is requested.
102.5    If a person, operating under the exemption in clause (5), exceeds $15,000 in gross
102.6receipts during any calendar year, the person must immediately surrender the exemption
102.7certificate and apply for the appropriate license. The person must remain licensed until
102.8such time as the person's gross annual receipts during a calendar year fall below $15,000.
102.9The person may then apply for this an exemption for the next calendar year.

102.10    Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:
102.11326.841 MANUFACTURED HOME INSTALLERS.
102.12    (a) Manufactured home installers are subject to all of the requirements of sections
102.13326.83 to 326.98, except for the following:
102.14    (1) manufactured home installers are not members of the advisory council under
102.15section 326.85;
102.16    (2) (1) manufactured home installers are not subject to the continuing education
102.17requirements of section 326.87, but are subject to the continuing education requirements
102.18established in rules adopted under section 327B.10;
102.19    (3) (2) the examination requirement of section 326.89, subdivision 3, for
102.20manufactured home installers shall be satisfied by successful completion of a written
102.21examination designed administered and developed specifically for the examination of
102.22manufactured home installers. The examination must be designed administered and
102.23developed by the commissioner in conjunction with the state building code division. The
102.24commissioner and State Building Code Division the state building official shall seek
102.25advice on the grading, monitoring, and updating of examinations from the Minnesota
102.26Manufactured Housing Association;
102.27    (4) the amount of the bond required by section 326.94 shall be $2,500 for
102.28manufactured home installers;
102.29    (5) (3) a local government unit may not place a surcharge on a license fee, and
102.30may not charge a separate fee to installers;
102.31    (6) (4) a dealer or distributor who does not install or repair manufactured homes is
102.32exempt from licensure under sections 326.83 to 326.98; and
102.33    (7) (5) the exemption under section 326.84, subdivision 3, clause (5), does not
102.34apply.; and
102.35    (6) manufactured home installers are not subject to the contractor recovery fund
102.36in section 326.975.
103.1    (b) The commissioner may waive all or part of the requirements for licensure
103.2as a manufactured home installer for any individual who holds an unexpired license or
103.3certificate issued by any other state or other United States jurisdiction if the licensing
103.4requirements of that jurisdiction meet or exceed the corresponding licensing requirements
103.5of the department.

103.6    Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:
103.7326.842 RESIDENTIAL ROOFERS.
103.8    Residential roofers are subject to all of the requirements of sections 326.83 to 326.98
103.9and 326.991, except the recovery fund in section 326.975.

103.10    Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:
103.11326.86 FEES.
103.12    Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to
103.13sections 326.83 to 326.991 326.98 is $100 $70 per year.
103.14    Subd. 2. Local surcharge. A local government unit may place a surcharge in an
103.15amount no greater than $5 on each land use, zoning, or building permit that requires a
103.16licensed residential building contractor, residential remodeler, or specialty contractor
103.17residential roofer, or manufactured home installer for the purpose of license verification.
103.18The local government may verify a license by telephone or, facsimile machine or
103.19electronic communication. A local government unit shall not issue a land use, zoning, or
103.20building permit unless the required license has been verified and is current.
103.21EFFECTIVE DATE.The amendments to subdivision 1 are effective July 1, 2007.
103.22The amendments to subdivision 2 are effective December 1, 2007.

103.23    Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:
103.24326.87 CONTINUING EDUCATION.
103.25    Subdivision 1. Standards. The commissioner, in consultation with the council,
103.26may must by rule adopt standards for continuing education requirements and course and
103.27instructor approval. The standards must include requirements for continuing education
103.28in the implementation of energy codes applicable to buildings and other building codes
103.29designed to conserve energy. Except for the course content, the standards must be
103.30consistent with the standards established for real estate agents and other professions
103.31licensed by the Department of Commerce. At a minimum, the content of one hour of any
103.32required continuing education must contain information on lead abatement rules and
103.33safe lead abatement procedures.
104.1    Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion
104.2of seven 16 hours of continuing education per year in the regulated industry in which the
104.3licensee is licensed. To the extent the commissioner considers it appropriate, courses or
104.4parts of courses may be considered to satisfy both continuing education requirements
104.5under this section and continuing real estate education requirements.
104.6    Credit may not be earned if the licensee has previously obtained credit for the same
104.7course as either a student or instructor during the same licensing period.
104.8    Subd. 3. Accessibility. To the extent possible, the commissioner shall ensure that
104.9continuing education courses are offered throughout the state and are easily accessible
104.10to all licensees.
104.11    Subd. 4. Renewal of accreditation approval. The commissioner is authorized to
104.12establish a procedure for renewal of course accreditation approval.
104.13    Subd. 5. Content. (a) Continuing education consists of approved courses that
104.14impart appropriate and related knowledge in the regulated industries according to sections
104.15326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related
104.16knowledge is upon the person seeking approval or credit.
104.17    (b) Course examinations will not be required for continuing education courses
104.18unless they are required by the sponsor.
104.19    (c) Textbooks are not required to be used for continuing education courses. If
104.20textbooks are not used, the coordinator must provide students with a syllabus containing,
104.21at a minimum, the course title, the times and dates of the course offering, the names and
104.22addresses or telephone numbers of the course coordinator and instructor, and a detailed
104.23outline of the subject materials to be covered. Any written or printed material given to
104.24students must be of readable quality and contain accurate and current information.
104.25    (d) Upon completion of an approved course, licensees shall earn one hour of
104.26continuing education credit for each hour approved by the commissioner. Each continuing
104.27education course must be attended in its entirety in order to receive credit for the number
104.28of approved hours. Courses may be approved for full or partial credit, and for more than
104.29one regulated industry.
104.30    Continuing education credit in an approved course shall be awarded to presenting
104.31instructors on the basis of one credit for each hour of preparation for the initial presentation,
104.32which may not exceed three hours total credit for each approved course. Continuing
104.33education credit may not be earned if the licensee has previously obtained credit for the
104.34same course as a licensee or as an instructor within the three years immediately prior.
104.35    (e) The following courses will not be approved for credit:
105.1    (1) courses designed solely to prepare students for a license examination;
105.2    (2) courses in mechanical office or business skills, including typing, speed reading,
105.3or other machines or equipment. Computer courses are allowed, if appropriate and related
105.4to the regulated industry of the licensee;
105.5    (3) courses in sales promotion, including meetings held in conjunction with the
105.6general business of the licensee;
105.7    (4) courses in motivation, salesmanship, psychology, time management, or
105.8communication; or
105.9    (5) courses that are primarily intended to impart knowledge of specific products of
105.10specific companies, if the use of the product or products relates to the sales promotion or
105.11marketing of one or more of the products discussed.
105.12    Subd. 6. Course approval. (a) Courses must be approved by the commissioner
105.13in advance and will be approved on the basis of the applicant's compliance with the
105.14provisions of this section relating to continuing education in the regulated industries. The
105.15commissioner shall make the final determination as to the approval and assignment of
105.16credit hours for courses. Courses must be at least one hour in length.
105.17    Individuals requesting credit for continuing education courses that have not
105.18been previously approved shall, on a form prescribed by the commissioner, submit an
105.19application for approval of continuing education credit accompanied by a nonrefundable
105.20fee of $10 for each course to be reviewed. To be approved, courses must be in compliance
105.21with the provisions of this section governing the types of courses that will and will not
105.22be approved.
105.23    Approval will not be granted for time spent on meals or other unrelated activities.
105.24Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
105.25offered by a provider to any one student for longer than eight hours in one day, excluding
105.26meal breaks.
105.27    (b) Application for course approval must be submitted 30 days before the course
105.28offering.
105.29    (c) Approval must be granted for a subsequent offering of identical continuing
105.30education courses without requiring a new application if a notice of the subsequent
105.31offering is filed with the commissioner at least 30 days in advance of the date the course is
105.32to be held. The commissioner shall deny future offerings of courses if they are found not
105.33to be in compliance with the laws relating to course approval.
105.34    Subd. 7. Courses open to all. All course offerings must be open to any interested
105.35individuals. Access may be restricted by the sponsor based on class size only. Courses
106.1must not be approved if attendance is restricted to any particular group of people, except
106.2for company-sponsored courses allowed by applicable law.
106.3    Subd. 8. Course coordinator. (a) Each course of study shall have at least one
106.4coordinator, approved by the commissioner, who is responsible for supervising the
106.5program and ensuring compliance with all relevant law. Sponsors may engage an
106.6additional approved coordinator in order to assist the coordinator or to act as a substitute
106.7for the coordinator in the event of an emergency or illness.
106.8    (b) The commissioner shall approve as a coordinator a person meeting one or more
106.9of the following criteria:
106.10    (1) at least three years of full-time experience in the administration of an education
106.11program during the five-year period immediately before the date of application;
106.12    (2) a degree in education plus two years' experience during the immediately
106.13preceding five-year period in one of the regulated industries for which courses are being
106.14approved; or
106.15    (3) a minimum of five years' experience within the previous six years in the regulated
106.16industry for which courses are held.
106.17    Subd. 9. Responsibilities. A coordinator is responsible for:
106.18    (1) ensuring compliance with all laws and rules relating to continuing educational
106.19offerings governed by the commissioner;
106.20    (2) ensuring that students are provided with current and accurate information relating
106.21to the laws and rules governing their licensed activity;
106.22    (3) supervising and evaluating courses and instructors. Supervision includes
106.23ensuring that all areas of the curriculum are addressed without redundancy and that
106.24continuity is present throughout the entire course;
106.25    (4) ensuring that instructors are qualified to teach the course offering;
106.26    (5) furnishing the commissioner, upon request, with copies of course and instructor
106.27evaluations and qualifications of instructors. Evaluations must be completed by students at
106.28the time the course is offered and by coordinators within five days after the course offering;
106.29    (6) investigating complaints related to course offerings or instructors. A copy of
106.30the written complaint must be sent to the commissioner within ten days of receipt of
106.31the complaint and a copy of the complaint resolution must be sent not more than ten
106.32days after resolution is reached;
106.33    (7) maintaining accurate records relating to course offerings, instructors, tests
106.34taken by students if required, and student attendance for a period of three years from the
106.35date on which the course was completed. These records must be made available to the
106.36commissioner upon request. In the event that a sponsor ceases operation for any reason,
107.1the coordinator is responsible for maintaining the records or providing a custodian for the
107.2records acceptable to the commissioner. The coordinator must notify the commissioner
107.3of the name and address of that person. In order to be acceptable to the commissioner,
107.4custodians must agree to make copies of acknowledgments available to students at a
107.5reasonable fee. Under no circumstances will the commissioner act as custodian of the
107.6records;
107.7    (8) ensuring that the coordinator is available to instructors and students throughout
107.8course offerings and providing to the students and instructor the name of the coordinator
107.9and a telephone number at which the coordinator can be reached;
107.10    (9) attending workshops or instructional programs as reasonably required by the
107.11commissioner;
107.12    (10) providing course completion certificates within ten days of, but not before,
107.13completion of the entire course. Course completion certificates must be completed in
107.14their entirety. Course completion certificates must contain the following statement: "If
107.15you have any comments about this course offering, please mail them to the Minnesota
107.16Department of Labor and Industry." The current address of the department must be
107.17included. A coordinator may require payment of the course tuition as a condition for
107.18receiving the course completion certificate; and
107.19    (11) notifying the commissioner in writing within ten days of any change in the
107.20information in an application for approval on file with the commissioner.
107.21    Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
107.22who is qualified by education, training, or experience to ensure competent instruction.
107.23Failure to have only qualified instructors teach at an approved course offering will result
107.24in loss of course approval. Coordinators are responsible to ensure that an instructor is
107.25qualified to teach the course offering.
107.26    (b) Qualified continuing education instructors must have one of the following
107.27qualifications:
107.28    (1) a four-year degree in any area plus two years' practical experience in the subject
107.29area being taught;
107.30    (2) five years' practical experience in the subject area being taught; or
107.31    (3) a college or graduate degree in the subject area being taught.
107.32    (c) Approved instructors are responsible for:
107.33    (1) compliance with all laws and rules relating to continuing education;
107.34    (2) providing students with current and accurate information;
107.35    (3) maintaining an atmosphere conducive to learning in the classroom;
107.36    (4) verifying attendance of students, and certifying course completion;
108.1    (5) providing assistance to students and responding to questions relating to course
108.2materials; and
108.3    (6) attending the workshops or instructional programs that are required by the
108.4commissioner.
108.5    Subd. 11. Prohibited practices for coordinators and instructors. (a) In
108.6connection with an approved continuing education course, coordinators and instructors
108.7shall not:
108.8    (1) recommend or promote the services or practices of a particular business;
108.9    (2) encourage or recruit individuals to engage the services of, or become associated
108.10with, a particular business;
108.11    (3) use materials, clothing, or other evidences of affiliation with a particular entity;
108.12    (4) require students to participate in other programs or services offered by the
108.13instructor, coordinator, or sponsor;
108.14    (5) attempt, either directly or indirectly, to discover questions or answers on an
108.15examination for a license;
108.16    (6) disseminate to any other person specific questions, problems, or information
108.17known or believed to be included in licensing examinations;
108.18    (7) misrepresent any information submitted to the commissioner;
108.19    (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in
108.20the course outline approved by the commissioner during the approved instruction; or
108.21    (9) issue inaccurate course completion certificates.
108.22    (b) Coordinators shall notify the commissioner within ten days of a felony or
108.23gross misdemeanor conviction or of disciplinary action taken against an occupational or
108.24professional license held by the coordinator or an instructor teaching an approved course.
108.25The notification shall be grounds for the commissioner to withdraw the approval of the
108.26coordinator and to disallow the use of the instructor.
108.27    Subd. 12. Fees. Fees for an approved course of study and related materials must
108.28be clearly identified to students. In the event that a course is canceled for any reason, all
108.29fees must be returned within 15 days from the date of cancellation. In the event that a
108.30course is postponed for any reason, students shall be given the choice of attending the
108.31course at a later date or having their fees refunded in full within 15 days from the date
108.32of postponement. If a student is unable to attend a course or cancels the registration in a
108.33course, sponsor policies regarding refunds shall govern.
108.34    Subd. 13. Facilities. Each course of study must be conducted in a classroom
108.35or other facility that is adequate to comfortably accommodate the instructors and the
109.1number of students enrolled. The sponsor may limit the number of students enrolled in a
109.2course. Approved courses may be held on the premises of a company doing business in
109.3the regulated area only when the company is sponsoring the course offering, or where
109.4product application is appropriate and related.
109.5    Subd. 14. Supplementary materials. An adequate supply of supplementary
109.6materials to be used or distributed in connection with an approved course must be available
109.7at the time and place of the course offering in order to ensure that each student receives all
109.8of the necessary materials. Outlines and any other materials that are reproduced must be
109.9of readable quality.
109.10    Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
109.11of continuing education courses.
109.12    (b) Advertising must be truthful and not deceptive or misleading. Courses may not
109.13be advertised in any manner as approved unless approval has been granted in writing by
109.14the commissioner.
109.15    (c) No advertisement, pamphlet, circular, or other similar materials pertaining to
109.16an approved offering may be circulated or distributed in this state, unless the following
109.17statement is prominently displayed:
109.18    "This course has been approved by the Minnesota Department of Labor and Industry
109.19for ....... (approved number of hours) hours for continuing ....... (relevant industry)
109.20education."
109.21    (d) Advertising of approved courses must be clearly distinguishable from the
109.22advertisement of other nonapproved courses and services.
109.23    (e) Continuing education courses may not be advertised before approval unless the
109.24course is described in the advertising as "approval pending" and an application for approval
109.25has been timely submitted to the commissioner and a denial has not been received.
109.26    (f) The number of hours for which a course has been approved must be prominently
109.27displayed on an advertisement for the course. If the course offering is longer than the
109.28number of hours of credit to be given, it must be clear that credit is not earned for the
109.29entire course.
109.30    (g) The course approval number must not be included in any advertisement.
109.31    Subd. 16. Notice to students. At the beginning of each approved offering, the
109.32following notice must be handed out in printed form or must be read to students:
109.33    "This educational offering is recognized by the Minnesota Department of Labor and
109.34Industry as satisfying ....... (insert number of hours approved) hours of credit toward
109.35continuing ....... (insert appropriate industry) education requirements."
110.1    Subd. 17. Audits. The commissioner reserves the right to audit subject offerings
110.2with or without notice to the sponsor.
110.3    Subd. 18. Falsification of reports. A licensee, its qualified person, or an applicant
110.4found to have falsified an education report to the commissioner shall be considered to
110.5have violated the laws relating to the industry for which the person has a license and
110.6shall be subject to censure, limitation, condition, suspension, or revocation of the license
110.7or denial of the application for licensure.
110.8    The commissioner reserves the right to audit a licensee's continuing education
110.9records.
110.10    Subd. 19. Waivers and extensions. If a licensee provides documentation to the
110.11commissioner that the licensee or its qualifying person is unable, and will continue to be
110.12unable, to attend actual classroom course work because of a physical disability, medical
110.13condition, or similar reason, attendance at continuing education courses shall be waived
110.14for a period not to exceed one year. The commissioner shall require that the licensee or
110.15its qualifying person satisfactorily complete a self-study program to include reading a
110.16sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
110.17regulated industry, as would be necessary for the licensee to satisfy continuing educational
110.18credit hour needs. The commissioner shall award the licensee credit hours for a self-study
110.19program by determining how many credit hours would be granted to a classroom course
110.20involving the same material and giving the licensee the same number of credit hours under
110.21this part. The licensee may apply each year for a new waiver upon the same terms and
110.22conditions as were necessary to secure the original waiver, and must demonstrate that in
110.23subsequent years, the licensee was unable to complete actual classroom course work.
110.24The commissioner may request documentation of the condition upon which the request
110.25for waiver is based as is necessary to satisfy the commissioner of the existence of the
110.26condition and that the condition does preclude attendance at continuing education courses.
110.27    Upon written proof demonstrating a medical hardship, the commissioner shall
110.28extend, for up to 90 days, the time period during which the continuing education must be
110.29successfully completed. Loss of income from either attendance at courses or cancellation
110.30of a license is not a bona fide financial hardship. Requests for extensions must be
110.31submitted to the commissioner in writing no later than 60 days before the education is
110.32due and must include an explanation with verification of the hardship, plus verification of
110.33enrollment at an approved course of study on or before the extension period expires.
111.1    Subd. 20. Reporting requirements. Required continuing education must be
111.2reported in a manner prescribed by the commissioner. Licensees are responsible for
111.3maintaining copies of course completion certificates.
111.4    Subd. 21. Residential building contractor, residential remodeler, and residential
111.5roofer education. (a) Each licensee must, during the licensee's first complete continuing
111.6education reporting period, complete and report one hour of continuing education relating
111.7to lead abatement rules in safe lead abatement procedures.
111.8    (b) Each licensee must, during each continuing education reporting period, complete
111.9and report one hour of continuing education relating to energy codes for buildings and
111.10other building codes designed to conserve energy.
111.11    Subd. 22. Continuing education approval. (a) Continuing education courses must
111.12be approved in advance by the commissioner of labor and industry. "Sponsor" means any
111.13person or entity offering approved education.
111.14    (b) For coordinators with an initial approval date before August 1, 2005, approval
111.15will expire on December 31, 2005. For courses with an initial approval date on or before
111.16December 31, 2000, approval will expire on April 30, 2006. For courses with an initial
111.17approval date after January 1, 2001, but before August 1, 2005, approval will expire
111.18on April 30, 2007.
111.19    Subd. 23. Continuing education fees. The following fees shall be paid to the
111.20commissioner:
111.21    (1) initial course approval, $10 for each hour or faction of one hour of continuing
111.22education course approval sought. Initial course approval expires on the last day of the
111.2324th month after the course is approved;
111.24    (2) renewal of course approval, $10 per course. Renewal of course approval expires
111.25on the last day of the 24th month after the course is renewed;
111.26    (3) initial coordinator approval, $100. Initial coordinator approval expires on the last
111.27day of the 24th month after the coordinator is approved; and
111.28    (4) renewal of coordinator approval, $10. Renewal of coordinator approval expires
111.29on the last day of the 24th month after the coordinator is renewed.
111.30    Subd. 24. Refunds. All fees paid to the commissioner under this section are
111.31nonrefundable, except that an overpayment of a fee shall be returned upon proper
111.32application.

111.33    Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:
111.34326.88 LOSS OF QUALIFYING PERSON.
112.1    Upon the departure or disqualification of a licensee's qualifying person because of
112.2death, disability, retirement, position change, or other reason, the licensee must notify
112.3the commissioner within 15 business days. The licensee shall have 120 days from the
112.4departure of the qualifying person to obtain a new qualifying person. Failure to secure a
112.5new qualifying person within 120 days will, with or without notice, result in the automatic
112.6termination of the license.

112.7    Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:
112.8326.89 APPLICATION AND EXAMINATION.
112.9    Subdivision 1. Form. An applicant for a license under sections 326.83 to 326.98
112.10must submit an application to the commissioner, under oath and accompanied by the
112.11license fee required by section 326.86, on a form prescribed by the commissioner.
112.12Within 30 business days of receiving all required information, the commissioner must
112.13act on the license request. If one of the categories in the application does not apply, the
112.14applicant must identify the category and state the reason the category does not apply. The
112.15commissioner may refuse to issue a license if the application is not complete or contains
112.16unsatisfactory information.
112.17    Subd. 2. Contents. The Each application must include the following information
112.18regarding the applicant:
112.19    (1) Minnesota workers' compensation insurance certificate;
112.20    (2) employment insurance account number;
112.21    (3) certificate of liability insurance;
112.22    (4) type of license requested;
112.23    (5) name and, current address of the applicant:, and telephone number where the
112.24applicant resides;
112.25    (i) (6) name and address of the applicant's qualifying person, if other than applicant;
112.26and
112.27    (ii) (7) if the applicant is a sole proprietorship, the name and address of the sole
112.28proprietor; if the applicant is a partnership, the name and address of each partner; if the
112.29applicant is a limited liability company, the name and address of each governor and
112.30manager; if the applicant is a corporation, the name and address of each of the corporate
112.31officers, directors, and all shareholders holding more than ten percent of the outstanding
112.32stock in the corporation;
112.33    (8) name and address of the applicant's agent in this state authorized to receive
112.34service of process, and a consent to service of process as required by section 326.93;
112.35    (9) current street address and telephone number where the business is physically
112.36located;
113.1    (6) (10) whether the applicant, any employee, or qualifying person has ever been
113.2licensed in this or any other state and has had a professional or vocational license
113.3reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been
113.4the subject of any administrative action;
113.5    (7) (11) whether the applicant, qualifying person, or any of the applicant's corporate
113.6or partnership directors, limited liability company governors, officers, limited or general
113.7partners, managers, all shareholders holding more than ten percent of the share of the
113.8corporation that have been issued, or all members holding more than ten percent of the
113.9voting power of the membership interests that have been issued, has been convicted
113.10of a crime that either related directly to the business for which the license is sought or
113.11involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil
113.12action involving fraud, misrepresentation, construction defect, negligence, or breach
113.13of contract, or conversion of funds within the ten years prior to the submission of the
113.14application; or has had any government license or permit reprimanded, censured, limited,
113.15conditioned, suspended, or revoked as a result of an action brought by a federal, state, or
113.16local governmental unit or agency in this or any other state;
113.17    (8) (12) the applicant's and qualifying person's business history for the past five
113.18years and whether the applicant, any a managing employee, or qualifying person has ever
113.19filed for bankruptcy or protection from creditors or has any unsatisfied judgments against
113.20the applicant, employee, or qualifying person;
113.21    (9) (13) where the applicant is a firm, partnership, sole proprietorship, limited
113.22liability company, corporation, or association, whether there has been a sale or transfer of
113.23the business or other change in ownership, control, or name in the last five years and the
113.24details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated,
113.25parent, or related entities, and whether each such entity, or its owners, officers, directors,
113.26members or shareholders holding more than ten percent of the stock, or an employee has
113.27ever taken or been subject to an action that is subject to clause (6), (7), or (8) (10), (11),
113.28or (12) in the last ten years; and
113.29    (10) (14) whether the qualifying person is the qualifying person for more than one
113.30licensee.
113.31    For purposes of this subdivision, "applicant" includes employees who exercise
113.32management or policy control over the residential contracting and remodeling, residential
113.33remodeling, residential roofing, or manufactured home installation activities in the state
113.34of Minnesota, including affiliates, partners, directors, governors, officers, limited or
113.35general partners, managers, all shareholders holding more than ten percent of the shares
113.36that have been issued, a shareholder holding more than ten percent of the voting power
114.1of the shares that have been issued, or all members holding more than ten percent of the
114.2membership interests that have been issued or more than ten percent of the voting power
114.3of the membership interests that have been issued.
114.4    The commissioner may require further information as the commissioner deems
114.5appropriate to administer the provisions and further the purposes of this chapter.
114.6    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete a
114.7written examination for the type of license requested. The commissioner may establish
114.8the examination qualifications, including related education experience and education, the
114.9examination procedure, and the examination for each licensing group. The examination
114.10must include at a minimum the following areas:
114.11    (1) appropriate knowledge of technical terms commonly used and the knowledge of
114.12reference materials and code books to be used for technical information; and
114.13    (2) understanding of the general principles of business management and other
114.14pertinent state laws.
114.15    (b) Each examination must be designed for the specified type of license requested.
114.16The council shall advise the commissioner on the grading, monitoring, and updating of
114.17examinations.
114.18    (c) A person's An individual's passing examination results expire two years from
114.19the examination date. A person An individual who passes the examination but does not
114.20choose to apply to act as a qualifying person for a licensee within two years from the
114.21examination date, must, upon application provide:
114.22    (1) passing examination results within two years from the date of application; or
114.23    (2) proof that the person has fulfilled the continuing education requirements in
114.24section 326.87 in the manner required for a qualifying person of a licensee for each license
114.25period after the expiration of the examination results.
114.26    Subd. 4. Competency skills. The commissioner shall, in consultation with the
114.27council, determine the competency skills and installation knowledge required for the
114.28licensing of specialty contractors.
114.29    Subd. 5. Exemption. A general retailer whose primary business is not being a
114.30residential building contractor, residential remodeler, or specialty contractor residential
114.31roofer, or manufactured home installer, and who has completed a comparable license
114.32examination meeting or exceeding Minnesota's examination requirements in another state
114.33is exempt from subdivisions subdivision 3 and 4 and sections 326.87 and 326.88.
114.34    Subd. 6. Additional licensing requirements. As an alternative to denying an
114.35application for licensure pursuant to section 326.91, subdivision 1, the commissioner
115.1may, as a condition of licensure and based upon information received pursuant to
115.2section 326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section 326.91,
115.3subdivision 1
, clauses (1) to (9), impose additional insurance, bonding, reporting, record
115.4keeping, and other requirements on the applicant as are reasonable to protect the public.
115.5    Subd. 7. License. A nonresident of Minnesota may be licensed as a residential
115.6building contractor, residential remodeler, residential roofer, or manufactured home
115.7installer upon compliance with all the provisions of sections 326.83 to 326.98.

115.8    Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:
115.9    Subdivision 1. Local license prohibited. Except as provided in sections 326.90,
115.10subdivision 2
, and 326.991, a political subdivision may not require a person licensed
115.11under sections 326.83 to 326.991 326.98 to also be licensed or pay a registration or other
115.12fee related to licensure under any ordinance, law, rule, or regulation of the political
115.13subdivision. This section does not prohibit charges for building permits or other charges
115.14not directly related to licensure.

115.15    Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:
115.16    Subdivision 1. Cause Grounds. The commissioner may by order deny, suspend, or
115.17revoke any license or may censure a licensee, and may impose a civil penalty as provided
115.18for in section 45.027, subdivision 6, if the commissioner finds that the order is in the
115.19public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or
115.20other agent, owner, partner, director, governor, shareholder, member, officer, qualifying
115.21person, or managing employee of the applicant or licensee or any person occupying a
115.22similar status or performing similar functions: In addition to the grounds set forth in
115.23section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place
115.24conditions on, or revoke a license or certificate of exemption, or may censure the person
115.25holding the license or certificate of exemption, if the applicant, licensee, certificate of
115.26exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of
115.27exemption holder, or other agent owner has:
115.28    (1) has filed an application for a license licensure or a certificate of exemption
115.29which is incomplete in any material respect or contains any statement which, in light
115.30of the circumstances under which it is made, is false or misleading with respect to any
115.31material fact;
115.32    (2) has engaged in a fraudulent, deceptive, or dishonest practice;
115.33    (3) is permanently or temporarily enjoined by any court of competent jurisdiction
115.34from engaging in or continuing any conduct or practice involving any aspect of the
115.35business;
116.1    (4) has failed to reasonably supervise employees, agents, subcontractors, or
116.2salespersons, or has performed negligently or in breach of contract, so as to cause injury
116.3or harm to the public;
116.4    (5) has violated or failed to comply with any provision of sections 326.83 to 326.98
116.5or, any rule or order under sections 326.83 to 326.98 or any other law, rule, or order related
116.6to the duties and responsibilities entrusted to the commissioner;
116.7    (6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
116.8    (7) (6) has been convicted of a violation of the State Building Code or, in
116.9jurisdictions that do not enforce the State Building Code, has refused to comply with
116.10a notice of violation or stop order issued by a certified building official, or in local
116.11jurisdictions that have not adopted the State Building Code has refused to correct a
116.12violation of the State Building Code when the violation has been certified documented
116.13or a notice of violation or stop order issued by a Minnesota licensed structural engineer
116.14certified building official has been received;
116.15    (8) (7) has failed to use the proceeds of any payment made to the licensee for the
116.16construction of, or any improvement to, residential real estate, as defined in section 326.83,
116.17subdivision 17
, for the payment of labor, skill, material, and machinery contributed to the
116.18construction or improvement, knowing that the cost of any labor performed, or skill,
116.19material, or machinery furnished for the improvement remains unpaid;
116.20    (9) (8) has not furnished to the person making payment either a valid lien waiver as to
116.21any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
116.22or a payment bond in the basic amount of the contract price for the improvement
116.23conditioned for the prompt payment to any person or persons entitled to payment;
116.24    (10) has engaged in conduct which was the basis for a contractor's recovery fund
116.25payment pursuant to section 326.975, which payment has not been reimbursed; (9) has
116.26engaged in an act or practice that results in compensation to an aggrieved owner or lessee
116.27from the contractor recovery fund pursuant to section 36B.825, unless:
116.28    (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
116.29plus interest at the rate of 12 percent per year; and
116.30    (ii) the applicant or licensee has obtained a surety bond in the amount of at least
116.31$40,000, issued by an insurer authorized to transact business in this state.
116.32    (11) (10) has engaged in bad faith, unreasonable delays, or frivolous claims in
116.33defense of a civil lawsuit or arbitration arising out of their activities as a licensee or
116.34certificate of exemption holder under this chapter;
117.1    (12) (11) has had a judgment entered against them for failure to make payments to
117.2employees or, subcontractors, or suppliers, that the licensee has failed to satisfy and all
117.3appeals of the judgment have been exhausted or the period for appeal has expired;
117.4    (13) (12) if unlicensed, has obtained a building permit by the fraudulent use of a
117.5fictitious license number or the license number of another, or, if licensed, has knowingly
117.6allowed an unlicensed person to use the licensee's license number for the purpose of
117.7fraudulently obtaining a building permit; or has applied for or obtained a building permit
117.8for an unlicensed person.
117.9    (14) (13) has made use of a forged mechanics' mechanic's lien waivers waiver under
117.10chapter 514.;
117.11    (14) has provided false, misleading or incomplete information to the commissioner
117.12or has refused to allow a reasonable inspection of records or premises;
117.13    (15) has engaged in an act or practice whether or not the act or practice directly
117.14involves the business for which the person is licensed, that demonstrates that the applicant
117.15or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
117.16unqualified to act under the license granted by the commissioner; or
117.17    (16) has failed to comply with requests for information, documents, or other requests
117.18from the department within the time specified in the request or, if no time is specified,
117.19within 30 days of the mailing of the request by the department.

117.20    Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:
117.21326.92 PENALTIES.
117.22    Subdivision 1. Misdemeanor. A person required to be licensed under sections
117.23326.83 to 326.991 who performs unlicensed work is guilty of a misdemeanor.
117.24    Subd. 1a. Gross misdemeanor. A person required to be licensed under sections
117.25326.84 to 326.991 who violates an order under subdivision 3 An individual who violates
117.26an order of the commissioner or is the manager, officer, or director of a person who
117.27violates an order issued by the commissioner is guilty of a gross misdemeanor.
117.28    Subd. 2. Lien rights. An unlicensed person who knowingly violates sections 326.83
117.29to 326.98 has no right to claim a lien under section 514.01 and the lien is void. Nothing
117.30in this section affects the lien rights of material suppliers and licensed contractors to the
117.31extent provided by law.
117.32    Subd. 3. Commissioner action. The commissioner may bring actions, including
117.33cease and desist actions, against any person licensed or required to be licensed under
117.34sections 326.83 to 326.991 to protect the public health, safety, and welfare.

117.35    Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:
118.1326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE
118.2OF PERMIT APPLICATION.
118.3    Subdivision 1. Building permit. A political subdivision shall not issue a building
118.4permit to an unlicensed person who is required to be licensed under sections 326.83 to
118.5326.991 326.98 . A political subdivision that issues zoning or land use permits in lieu of
118.6a building permit shall not issue those permits to an unlicensed person who is required
118.7to be licensed under sections 326.83 to 326.991 326.98. The political subdivision shall
118.8report the person applying for the permit to the commissioner who may bring an action
118.9against the person.
118.10    Subd. 2. Notice of building permit application. A political subdivision shall notify
118.11the department when an application for building permit involving the construction of new
118.12residential real estate has been received from an unlicensed person by submitting a copy
118.13of the application to the department within two business days of receipt of the application.
118.14The political subdivision may submit a copy of the building permit application by
118.15facsimile, United States mail, or electronic communication.

118.16    Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:
118.17326.93 SERVICE OF PROCESS; NONRESIDENT LICENSING.
118.18    Subdivision 1. License. A nonresident of Minnesota may be licensed as a residential
118.19building contractor or residential remodeler upon compliance with all the provisions of
118.20sections 326.83 to 326.991.
118.21    Subd. 2. Service of process. Service of process upon a person performing work in
118.22the state of a type that would require a license under sections 326.83 to 326.98 may be
118.23made as provided in section 45.028.
118.24    Subd. 3. Procedure. Every applicant for licensure or certificate of exemption
118.25under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the
118.26commissioner and successors in office to be the applicant's agent to receive service of any
118.27lawful process in any noncriminal suit, action, or proceeding against the applicant or a
118.28successor, executor, or administrator which arises under section 326.83 to 326.98 or any
118.29rule or order thereunder after the consent has been filed, with the same force and validity
118.30as if served personally on the person filing the consent. Service under this section shall be
118.31made in compliance with subdivision 5.
118.32    Subd. 4. Service on commissioner. (a) When a person, including any nonresident
118.33of this state, engages in conduct prohibited or made actionable by sections 326.83 to
118.34326.98, or any rule or order under those sections, and the person has not consented to
118.35service of process under subdivision 3, that conduct is equivalent to an appointment of the
119.1commissioner and successors in office as the person's agent to receive service of process in
119.2any noncriminal suit, action, or proceeding against the person that is based on that conduct
119.3and is brought under sections 326.83 to 326.98, or any rule or order under those sections,
119.4with the same force and validity as if served personally on the person consenting to the
119.5appointment of the commissioner and successors in office. Service under this section shall
119.6be made in compliance with subdivision 5.
119.7    (b) Subdivision 5 applies in all other cases in which a person, including a nonresident
119.8of this state, has filed a consent to service of process. This paragraph supersedes any
119.9inconsistent provision of law.
119.10    (c) Subdivision 5 applies in all cases in which service of process is allowed to be
119.11made on the commissioner.
119.12    (d) Subdivision 5 applies to any document served by the commissioner or the
119.13department under section 326B.08.
119.14    Subd. 5. How made. Service of process under this section may be made by leaving
119.15a copy of the process in the office of the commissioner, or by sending a copy of the process
119.16to the commissioner by certified mail, and is not effective unless:
119.17    (1) the plaintiff, who may be the commissioner in an action or proceeding instituted
119.18by the commissioner, sends notice of the service and a copy of the process by certified
119.19mail to the defendant or respondent at the last known address; and
119.20    (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or
119.21before the return day of the process, if any, or within further time as the court allows.

119.22    Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:
119.23326.94 BOND; INSURANCE.
119.24    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed
119.25residential roofers must post a license surety bond in the name of the licensee with the
119.26commissioner, conditioned that the applicant shall faithfully perform the duties and
119.27in all things comply with all laws, ordinances, and rules pertaining to the license or
119.28permit applied for and all contracts entered into. The annual bond must be continuous
119.29and maintained for so long as the licensee remains licensed. The aggregate liability of
119.30the surety on the bond to any and all persons, regardless of the number of claims made
119.31against the bond, may not exceed the amount of the bond. The bond may be canceled as
119.32to future liability by the surety upon 30 days' written notice mailed to the commissioner
119.33by regular mail.
119.34    (b) A licensed residential roofer must post a bond of at least $5,000 $15,000.
119.35    (c) A licensed manufactured home installer must post a bond of at least $2,500.
120.1    Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for
120.2purposes of sections 8.05 and 16C.05, subdivision 2.
120.3    Subd. 2. Insurance. Licensees must have public liability insurance with limits of at
120.4least $100,000 $300,000 per occurrence, which must include at least $10,000 property
120.5damage coverage. The insurance must be written by an insurer licensed to do business in
120.6this state. The commissioner may increase the minimum amount of insurance required
120.7for any licensee or class of licensees if the commissioner considers it to be in the public
120.8interest and necessary to protect the interests of Minnesota consumers.

120.9    Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:
120.10    Subd. 2. Advertising. The license number of a licensee must appear in any
120.11advertising by that licensee including but not limited to signs, vehicles, business cards,
120.12published display ads, flyers, and brochures, Web sites, and Internet ads.

120.13    Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:
120.14326.96 PUBLIC EDUCATION.
120.15    The commissioner may develop materials and programs to educate the public
120.16concerning licensing licensure requirements and methods. The commissioner must
120.17develop materials for reporting unlicensed contracting activity. The commissioner shall
120.18provide information in other languages.

120.19    Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:
120.20326.97 LICENSE RENEWAL.
120.21    Subdivision 1. Renewal. Licensees A licensee whose applications have fully
120.22completed renewal application has been properly and timely filed and who have has
120.23not received a notice of denial of renewal are is considered to have been approved for
120.24renewal and may continue to transact business whether or not the renewed license has
120.25been received. Applications are timely if received or postmarked by March 1 of the
120.26renewal year. Applications must be made on a form approved by the commissioner.
120.27An application for renewal that does not contain all of the information requested is an
120.28incomplete application and will not be processed.
120.29    Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993,
120.30must be renewed annually.
120.31    Subd. 2. Failure to apply renew. A person who has failed to make a timely
120.32application for renewal of a license by March 31 of the renewal year is unlicensed at
120.3311:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed until
120.34the a renewed license has been issued by the commissioner and is received by the applicant.
121.1    Subd. 3. Expiration. All licenses expire at 11:59:59 p.m. central time on March 31
121.2of the renewal year if not properly renewed.

121.3    Sec. 24. [326B.801] SCOPE.
121.4    Except as otherwise provided by law, the provisions of sections 326B.801 to
121.5326B.825 apply to residential contractors, residential remodelers, residential roofers,
121.6and manufactured home installers.

121.7    Sec. 25. [326B.804] LICENSE RECIPROCITY.
121.8    The commissioner may issue a temporary license without examination, upon
121.9payment of the required fee, nonresident applicants who are licensed under the laws of a
121.10state having standards for licensing which the commissioner determines are substantially
121.11equivalent to the standards of this state if the other state grants similar privileges to
121.12Minnesota residents duly licensed in this state. Applicants who receive a temporary
121.13license under this section may acquire an aggregate of 24 months of experience before
121.14they have to apply and pass the licensing examination. Applicants must register with the
121.15commissioner of labor and industry and the commissioner shall set a fee for a temporary
121.16license. Applicants have five years in which to comply with this section.

121.17    Sec. 26. [326B.809] WRITTEN CONTRACT REQUIRED.
121.18    (a) All agreements including proposals, estimates, bids, quotations, contracts,
121.19purchase orders, and change orders between a licensee and a customer for the performance
121.20of a licensee's services must be in writing and must contain the following:
121.21    (1) a detailed summary of the services to be performed;
121.22    (2) a description of the specific materials to be used or a list of standard features
121.23to be included; and
121.24    (3) the total contract price or a description of the basis on which the price will
121.25be calculated.
121.26    (b) All agreements shall be signed and dated by the licensee and customer.
121.27    (c) The licensee shall provide to the customer, at no charge, a signed and dated
121.28document at the time that the licensee and customer sign and date the document.
121.29Documents include agreements and mechanic's lien waivers.

121.30    Sec. 27. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
121.31    Chapter 364 does not apply to an applicant for a license or to a licensee where
121.32the underlying conduct on which the conviction is based would be grounds for denial,
121.33censure, suspension, or revocation of the license.

121.34    Sec. 28. [326B.82] DEFINITIONS.
122.1    Subdivision 1. Words, terms, and phrases. For the purposes of section 326.87,
122.2the terms defined in this section have the meanings given them, unless the context clearly
122.3indicates otherwise.
122.4    Subd. 2. Appropriate and related knowledge. "Appropriate and related
122.5knowledge" means facts, information, or principles that are clearly relevant to the licensee
122.6in performing responsibilities under a license issued by the commissioner. These facts,
122.7information, or principles must convey substantive and procedural knowledge as it relates
122.8to postlicensing issues and must be relevant to the technical aspects of a particular area
122.9of continuing education.
122.10    Subd. 3. Classroom hour. "Classroom hour" means a 50-minute hour.
122.11    Subd. 4. Coordinator. "Coordinator" means an individual who is responsible for
122.12monitoring approved educational offerings.
122.13    Subd. 5. Instructor. "Instructor" means an individual lecturing in an approved
122.14educational offering.
122.15    Subd. 6. Licensee. "Licensee" means a person licensed by the Minnesota
122.16Department of Labor and Industry for whom an examination is required before licensure.
122.17    Subd. 7. Medical hardship. "Medical hardship" includes a documented physical
122.18disability or medical condition.
122.19    Subd. 8. Overpayment. "Overpayment" means any payment of money in excess
122.20of a statutory fee.
122.21    Subd. 9. Regulated industries. "Regulated industries" means residential
122.22contracting, residential remodeling, or residential roofing. Each of these is a regulated
122.23industry.
122.24    Subd. 10. Sponsor. "Sponsor" means any person or entity offering or providing
122.25approved continuing education.

122.26    Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.
122.27    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
122.28have the meanings given them.
122.29    (b) "Gross annual receipts" means the total amount derived from residential
122.30contracting or residential remodeling activities, regardless of where the activities are
122.31performed, and must not be reduced by costs of goods sold, expenses, losses, or any
122.32other amount.
122.33    (c) "Licensee" means a person licensed as a residential contractor or residential
122.34remodeler.
123.1    (d) "Residential real estate" means a new or existing building constructed for
123.2habitation by one to four families, and includes detached garages.
123.3    (e) "Fund" means the contractor recovery fund.
123.4    Subd. 2. Generally. The contractor recovery fund is created in the state treasury
123.5and shall be administered by the commissioner for the purposes described in this section.
123.6Any interest or profit accruing from investment of money in the fund shall be credited
123.7to the contractor recovery fund.
123.8    Subd. 3. Fund fees. In addition to any other fees, a person who applies for or
123.9renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
123.10shall pay, in addition to the appropriate application or renewal fee, the following additional
123.11fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
123.12gross annual receipts for the person's most recent fiscal year preceding the application or
123.13renewal, on the following scale:
123.14
Fee
Gross Annual Receipts
123.15
$160
under $1,000,000
123.16
$210
$1,000,000 to $5,000,000
123.17
$260
over $5,000,000
123.18    Subd. 4. Purpose of fund. The purpose of this fund is to:
123.19    (1) compensate owners or lessees of residential real estate who meet the requirements
123.20of this section;
123.21    (2) reimburse the department for all legal and administrative expenses,
123.22disbursements, and costs, including staffing costs, incurred in administering and defending
123.23the fund;
123.24    (3) pay for educational or research projects in the field of residential contracting to
123.25further the purposes of sections 326B.801 to 326B.825; and
123.26    (4) provide information to the public on residential contracting issues.
123.27    Subd. 5. Payment limitations. Except as otherwise provided in this section,
123.28the commissioner shall not pay compensation from the fund to an owner or a lessee
123.29in an amount greater than $75,000. Except as otherwise provided in this section, the
123.30commissioner shall not pay compensation from the fund to owners and lessees in an
123.31amount that totals more than $150,000 per licensee. The commissioner shall not pay
123.32compensation from the fund for a final judgment based on a cause of action that arose
123.33before the commissioner's receipt of the licensee's fee required by subdivision 3.
123.34    Subd. 6. Verified application. To be eligible for compensation from the fund, an
123.35owner or lessee shall serve on the commissioner a verified application for compensation
124.1on a form approved by the commissioner. The application shall verify the following
124.2information:
124.3    (1) the specific grounds upon which the owner or lessee seeks to recover from
124.4the fund:
124.5    (2) that the owner or the lessee has obtained a final judgment in a court of competent
124.6jurisdiction against a licensee licensed under section 326B.803;
124.7    (3) that the final judgment was obtained against the licensee on the grounds of
124.8fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
124.9that arose directly out of a transaction that occurred when the licensee was licensed and
124.10performing any of the special skills enumerated under section 326B.802, subdivision 19;
124.11    (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
124.12the owner's residential real estate, on residential real estate leased by the lessee, or on new
124.13residential real estate that has never been occupied or that was occupied by the licensee
124.14for less than one year prior to purchase by the owner;
124.15    (5) that the residential real estate is located in Minnesota;
124.16    (6) that the owner or the lessee is not the spouse of the licensee or the personal
124.17representative of the licensee;
124.18    (7) the amount of the final judgment, any amount paid in satisfaction of the final
124.19judgment, and the amount owing on the final judgment as of the date of the verified
124.20application; and
124.21    (8) that the verified application is being served within two years after the judgment
124.22became final.
124.23    The owner's and the lessee's actual and direct out-of-pocket loss shall not include
124.24attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
124.25the loss. An owner or lessee may serve a verified application regardless of whether the
124.26final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
124.27final if all proceedings on the judgment have either been pursued and concluded or been
124.28forgone, including all reviews and appeals. For purposes of this section, owners who are
124.29joint tenants or tenants in common are deemed to be a single owner. For purposes of this
124.30section, owners and lessees eligible for payment of compensation from the fund shall not
124.31include government agencies, political subdivisions, financial institutions, and any other
124.32entity that purchases, guarantees, or insures a loan secured by real estate.
124.33    Subd. 7. Commissioner review. The commissioner shall within 120 days after
124.34receipt of the verified application:
124.35    (1) enter into an agreement with an owner or a lessee that resolves the verified
124.36application for compensation from the fund; or
125.1    (2) issue an order to the owner or the lessee accepting, modifying, or denying the
125.2verified application for compensation from the fund.
125.3    Upon receipt of an order issued under clause (2), the owner or the lessee shall have
125.430 days to serve upon the commissioner a written request for a hearing. If the owner or
125.5the lessee does not serve upon the commissioner a timely written request for hearing, the
125.6order issued under clause (2) shall become a final order of the commissioner that may not
125.7be reviewed by any court or agency. The commissioner shall order compensation from
125.8the fund only if the owner or the lessee has filed a verified application that complies with
125.9subdivision 6 and if the commissioner determines based on review of the application that
125.10compensation should be paid from the fund. The commissioner shall not be bound by any
125.11prior settlement, compromise, or stipulation between the owner or the lessee and the
125.12licensee.
125.13    Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
125.14for hearing under subdivision 7, the commissioner shall request that an administrative law
125.15judge be assigned and that a hearing be conducted under the contested case provisions
125.16of chapter 14 within 30 days after the service of the request for hearing upon the
125.17commissioner. Upon petition of the commissioner, the administrative law judge shall
125.18continue the hearing up to 60 days and upon a showing of good cause may continue the
125.19hearing for such additional period as the administrative law judge deems appropriate.
125.20At the hearing the owner or the lessee shall have the burden of proving by substantial
125.21evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
125.22findings of fact, conclusions of law, and order. If the administrative law judge finds that
125.23compensation should be paid to the owner or the lessee, the administrative law judge
125.24shall order the commissioner to make payment from the fund of the amount it finds to be
125.25payable pursuant to the provisions of and in accordance with the limitations contained in
125.26this section. The order of the administrative law judge shall constitute the final decision of
125.27the agency in the contested case. Judicial review of the administrative law judge's findings
125.28of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
125.29    Subd. 9. Satisfaction of applications for compensation. The commissioner shall
125.30pay compensation from the fund to an owner or a lessee pursuant to the terms of an
125.31agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
125.32order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
125.33of the fiscal year following the fiscal year during which the agreement was entered into or
125.34during which the order became final, subject to the limitations of this section. At the end
125.35of each fiscal year the commissioner shall calculate the amount of compensation to be
125.36paid from the fund pursuant to agreements that have been entered into under subdivision
126.17, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
126.2subdivision 8. If the calculated amount exceeds the amount available for payment, then
126.3the commissioner shall allocate the amount available among the owners and the lessees
126.4in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
126.5bears to the amount calculated. The commissioner shall mail notice of the allocation to
126.6all owners and lessees not less than 45 days following the end of the fiscal year. Any
126.7compensation paid by the commissioner in accordance with this subdivision shall be
126.8deemed to satisfy and extinguish any right to compensation from the fund based upon the
126.9verified application of the owner or lessee.
126.10    Subd. 10. Criminal penalty. It shall be unlawful for any person or the agent of any
126.11person to knowingly file with the commissioner any application, notice, statement, or other
126.12document required under the provisions of this section that is false or untrue or contains
126.13any material misstatement of fact. Such conduct shall constitute a gross misdemeanor.
126.14    Subd. 11. Right of subrogation. If the commissioner pays compensation from the
126.15fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
126.16final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
126.17shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
126.18judgment in the amount of compensation paid from the fund and the owner or the lessee
126.19shall assign to the commissioner all rights, title, and interest in the final judgment in
126.20the amount of compensation paid. The commissioner shall deposit in the fund money
126.21recovered under this subdivision.
126.22    Subd. 12. Effect of section on commissioner's authority. Nothing contained
126.23in this section shall limit the authority of the commissioner to take disciplinary action
126.24against a licensee under the provisions of this chapter. A licensee's repayment in full of
126.25obligations to the fund shall not nullify or modify the effect of any other disciplinary
126.26proceeding brought under the provisions of this chapter.
126.27    Subd. 13. Limitation. Nothing may obligate the fund to compensate:
126.28    (1) insurers or sureties under subrogation or similar theories; or
126.29    (2) owner of residential property for final judgments against a prior owner of the
126.30residential property unless the claim is brought and judgment is rendered for breach of the
126.31statutory warranty set forth in chapter 327A.
126.32    Subd. 14. Condominiums or townhouses. For purposes of this section, the owner
126.33or the lessee of a condominium or townhouse is considered an owner or a lessee of
126.34residential property regardless of the number of residential units per building.
127.1    Subd. 15. Accelerated compensation. Payments made from the fund to compensate
127.2owners and lessees that do not exceed the jurisdiction limits for conciliation court matters
127.3as specified in section 491A.01 may be paid on an accelerated basis if all of the following
127.4requirements have been satisfied:
127.5    (a) The owner or the lessee has served upon the commissioner a verified application
127.6for compensation that complies with the requirements set out in subdivision 6 and the
127.7commissioner determines based on review of the application that compensation should be
127.8paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
127.9loss in the transaction, minus attorney fees, interest on the loss and on the judgment
127.10obtained as a result of the loss, and any satisfaction of the judgment, and make payment
127.11to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
127.12after the owner or lessee serves the verified application.
127.13    (b) The commissioner may pay compensation to owners or lessees that totals not
127.14more than $50,000 per licensee per fiscal year under this accelerated process. The
127.15commissioner may prorate the amount of compensation paid to owners or lessees under
127.16this subdivision if applications submitted by owners and lessees seek compensation in
127.17excess of $50,000 against a licensee. Any unpaid portion of a verified application that
127.18has been prorated under this subdivision shall be satisfied in the manner set forth in
127.19subdivision 9.
127.20    Subd. 16. Appropriation. Money in the fund is appropriated to the commissioner
127.21for the purposes of this section.
127.22    Subd. 17. Additional assessment. If the balance in the fund is at any time less than
127.23the commissioner determines is necessary to carry out the purposes of this section, every
127.24licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the
127.25fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall
127.26set the amount of assessment based on a reasonable determination of the amount that is
127.27necessary to restore a balance in the fund adequate to carry out the purposes of this section.
127.28EFFECTIVE DATE.This section is effective December 1, 2007, except that
127.29subdivisions 1 and 3 are effective July 1, 2007.

127.30    Sec. 30. REVISOR'S INSTRUCTION.
127.31    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
127.32column A with the number listed in column B. The revisor shall also make necessary
127.33cross-reference changes consistent with the renumbering.
127.34
Column A
Column B
127.35
325E.58
326B.865
128.1
326.83
326B.802
128.2
326.84
326B.805
128.3
326.841
327B.041
128.4
326.842
326B.81
128.5
326.86
326B.815
128.6
326.87
326B.82
128.7
326.88
326B.825
128.8
326.89
326B.83
128.9
326.90
326B.835
128.10
326.91
326B.84
128.11
326.92
326B.845
128.12
326.921
326B.85
128.13
326.93
326B.855
128.14
326.94
326B.86
128.15
326.95
326B.87
128.16
326.951
326B.875
128.17
326.96
326B.88
128.18
326.97
326B.885

128.19ARTICLE 9
128.20BOILERS; PRESSURE VESSELS; BOATS

128.21    Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:
128.22183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS;
128.23LICENSES.
128.24    Subdivision 1. All boilers inspected. The Division of Boiler Inspection
128.25commissioner shall inspect all boilers and pressure vessels in use not expressly excepted
128.26from such inspection by law. Immediately Upon inspection the Division of Boiler
128.27Inspection commissioner shall issue a certificate of inspection therefor or a certificate
128.28condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and
128.29certificates shall be prepared and furnished by the commissioner. The Division of Boiler
128.30Inspection commissioner shall examine all applicants for engineer's licenses. The chief of
128.31the Division of Boiler Inspection commissioner shall issue such license to an applicant as
128.32the examination shall show the applicant is entitled to receive.
128.33    Subd. 2. Inspector's examination. For the purpose of examining applicants
128.34for license a National Board of Boiler and Pressure Vessel Inspectors commission, the
128.35chief of the Division of Boiler Inspection or the deputy chief commissioner shall fix and
128.36determine a time and place for the examinations, and give notice to all applicants of the
128.37time and place. The chief or the deputy chief commissioner shall grant and sign such
128.38license certificates as applicants are entitled to receive upon examination. Applicants may
129.1be examined and issued certificates of competency as inspectors of boilers and pressure
129.2vessels.

129.3    Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:
129.4    Subdivision 1. Inspector requirements. Each boiler inspector shall be a person
129.5of good moral character, shall be licensed in this state as a chief grade A engineer, and
129.6must hold a national board commission as a boiler inspector within 12 months of being
129.7employed as a boiler inspector by the department. An inspector shall not be interested in
129.8the manufacture or sale of boilers or steam machinery or in any patented article required
129.9or generally used in the construction of engines or boilers or their appurtenances.

129.10    Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:
129.11    Subd. 2. Inspection. When used for display and demonstration purposes, steam
129.12farm traction engines, portable and stationary show engines and portable and stationary
129.13show boilers shall be inspected every two years according to law.
129.14    (a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly
129.15by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards
129.16in paragraph (b), before being certified for use in Minnesota.
129.17    (b) Standards for inspection of show boilers shall be those established by the
129.18National Board Inspection Code ANSI/NB23 and by the rules adopted by the department
129.19of Labor and Industry, Division of Boiler Inspection, and as follows:
129.20    (1) the boiler shall be subjected to the appropriate method of nondestructive
129.21examination, at the owner's expense, as deemed necessary by the boiler inspector to
129.22determine soundness and safety of the boiler;
129.23    (2) the boiler shall be tested by ultrasonic examination for metal thickness (for
129.24purposes of calculating the maximum allowable working pressure the thinnest reading
129.25shall be used and a safety factor of six shall be used in calculating maximum allowable
129.26working pressure on all non-ASME-code hobby and show boilers); and
129.27    (3) repairs and alterations made to show boilers must be made pursuant to section
129.28183.466 .
129.29    (c) Further each such object shall successfully complete an inspection of:
129.30    (1) the fusible plug;
129.31    (2) the safety valve, which must be of American Society of Mechanical Engineers'
129.32ASME approved design and set at the maximum allowable working pressure and sealed in
129.33an appropriate manner not allowing tampering with the valve setting without destroying
129.34the seal; and
129.35    (3) the boiler power piping.
130.1    Any longitudinal cracks found in riveted longitudinal seams requires that the vessel
130.2be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed,
130.3the jacket must be removed prior to inspection.

130.4    Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:
130.5183.42 INSPECTION AND REGISTRATION.
130.6    Subdivision 1. Inspection. Every owner, lessee, or other person having charge of
130.7boilers or pressure vessels subject to inspection under this chapter shall cause them to be
130.8inspected by the Division of Boiler Inspection department. Except as provided in sections
130.9183.411 and 183.45, boilers subject to inspection under this chapter must be inspected at
130.10least annually and pressure vessels inspected at least every two years except as provided
130.11under section 183.45. The commissioner shall assess a $250 penalty per applicable boiler
130.12or pressure vessel for failure to have the inspection required by this section and may seal
130.13the boiler or pressure vessel for refusal to allow an inspection as required by this section.
130.14    Subd. 2. Registration. Every owner, lessee, or other person having charge of
130.15boilers or pressure vessels subject to inspection under this chapter, except hobby boilers
130.16under section 183.411, shall register said objects with the Division of Boiler Inspection
130.17department. The registration shall be renewed annually and is applicable to each object
130.18separately. The fee for registration of a boiler or pressure vessel shall be pursuant to
130.19section 183.545, subdivision 10. The Division of Boiler Inspection department may issue
130.20a billing statement for each boiler and pressure vessel on record with the division, and
130.21may determine a monthly schedule of billings to be followed for owners, lessees, or other
130.22persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
130.23    Subd. 3. Certificate of registration. The Division of Boiler Inspection department
130.24shall issue a certificate of registration that lists the registered boilers and pressure vessels
130.25at the location, expiration date of the certificate of registration, last inspection date of
130.26each registered boiler and pressure vessel, and maximum allowable working pressure for
130.27each registered boiler and pressure vessel. The commissioner may make an electronic
130.28certificate of registration available to be printed by the owner, lessee, or other person
130.29having charge of the registered boiler or pressure vessel.

130.30    Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:
130.31183.45 INSPECTION.
130.32    Subdivision 1. Inspection requirements. All boilers and steam generators must
130.33be inspected by the Division of Boiler Inspection department before they are used and
130.34all boilers must be inspected at least once each year thereafter except as provided under
130.35subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure
131.1or hammer test, and shall ascertain by a thorough internal and external examination
131.2that they are well made and of good and suitable material; that the openings for the
131.3passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of
131.4proper dimensions and free from obstructions; that the flues are circular in form; that the
131.5arrangements for delivering the feed water are such that the boilers cannot be injured
131.6thereby; and that such boilers and their connections may be safely used without danger to
131.7life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions,
131.8sufficient in number, and properly arranged, and that the safety valves are so adjusted as
131.9to allow no greater pressure in the boilers than the amount prescribed by the inspector's
131.10certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate
131.11the amount of water, and suitable gauges that will correctly record the pressure; and
131.12that the fusible metals are properly inserted where required so as to fuse by the heat of
131.13the furnace whenever the water in the boiler falls below its prescribed limit; and that
131.14provisions are made for an ample supply of water to feed the boilers at all times; and that
131.15means for blowing out are provided, so as to thoroughly remove the mud and sediment
131.16from all parts when under pressure.
131.17    Subd. 2. Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000
131.18pounds per hour or more capacity which has an internal continuous water treatment
131.19program approved by the department and which the chief boiler inspector commissioner
131.20has determined to be in compliance with paragraph (c).
131.21    (b) A qualifying boiler must be inspected at least once every 24 months internally
131.22and externally while not under pressure and at least once every 18 months externally
131.23while under pressure. If the inspector considers it necessary to conduct a hydrostatic test
131.24to determine the safety of a boiler, the test must be conducted under the direction of the
131.25owner, contractor, or user of the equipment under the supervision of an inspector.
131.26    (c) The owner of a qualifying boiler must keep accurate records showing the date
131.27and actual time the boiler is out of service, the reason or reasons therefor, and the chemical
131.28physical laboratory analysis of samples of the boiler water taken at regular intervals of
131.29not more than 48 hours of operation which adequately show the condition of the water,
131.30and any elements or characteristics of the water capable of producing corrosion or other
131.31deterioration of the boiler or its parts.
131.32    (d) If an inspector determines there are substantial deficiencies in equipment or in
131.33boiler water treatment operating procedures, inspections of a qualifying boiler may be
131.34required once every 12 months until the chief boiler inspector commissioner finds that the
131.35substantial deficiencies have been corrected.

131.36    Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:
132.1183.46 TESTS.
132.2    In subjecting both high and low pressure boilers and pressure vessels to the
132.3hydrostatic test, and to determine the safe allowable working pressure, the inspector shall
132.4use the latest approved formula of the American Society of Mechanical Engineers ASME
132.5Code or National Board Inspection Code, as applicable.

132.6    Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:
132.7183.465 STANDARDS OF INSPECTION.
132.8    The engineering standards of boilers and pressure vessels for use in this state shall
132.9be that established by the current edition of the and amendments to the ASME Code or the
132.10National Board Inspection Code, as applicable, for construction, operation and care of,
132.11in-service inspection and testing, and controls and safety devices codes of the American
132.12Society of Mechanical Engineers and amendments thereto, and by the rules of the Division
132.13of Boiler Inspection adopted by the department of Labor and Industry.

132.14    Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:
132.15183.466 STANDARDS OF REPAIRS.
132.16    The rules for repair of boilers and pressure vessels for use in this state shall be those
132.17established by the National Board of Boiler and Pressure Vessel Inspectors inspection
132.18code and the rules of the Division of Boiler Inspection adopted by the department of
132.19Labor and Industry.

132.20    Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:
132.21183.48 SPECIAL EXAMINATION.
132.22    At any time the inspector deems it necessary an examination shall be made of any
132.23If an inspector examines a boiler or pressure vessel which there is reason to believe has
132.24become and determines that the boiler or pressure vessel is unsafe, and the inspector shall
132.25notify the owners or operators thereof owner or operator of any defect therein, and what
132.26repairs are necessary in that boiler or pressure vessel. Such boiler or pressure vessel
132.27shall not thereafter be used until so repaired the defect is corrected. Boilers found to be
132.28operated by unlicensed or improperly licensed persons shall not be used until the operators
132.29are properly licensed. If circumstances warrant continued operation, approval may be
132.30given for continuing operation for a specific period of time, not to exceed 30 days, at the
132.31discretion of the boiler inspector.

132.32    Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:
132.33183.501 LICENSE REQUIREMENT.
132.34    (a) No person individual shall be entrusted with the operation of or operate any
132.35boiler, steam engine, or turbine who has not received a license of grade covering that
133.1boiler, steam engine or turbine. The license shall be renewed annually, except as provided
133.2in section 183.411. When a violation of this section occurs the Division of Boiler
133.3Inspection may cause a complaint to be made for the prosecution of the offender and shall
133.4be entitled to sue for and obtain injunctive relief in the district courts for such violations.
133.5    (b) For purposes of this chapter, "operation" shall not include monitoring of an
133.6automatic boiler, either through on premises inspection of the boiler or by remote
133.7electronic surveillance, provided that no operations are performed upon the boiler other
133.8than emergency shut down in alarm situations.
133.9    (c) No individual under the influence of illegal drugs or alcohol shall be entrusted
133.10with the operation of or shall operate any boiler, steam engine, or turbine, or shall be
133.11entrusted with the monitoring of or shall monitor an automatic boiler.

133.12    Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:
133.13183.505 APPLICATIONS FOR LICENSES.
133.14    The chief boiler inspector commissioner shall prepare blank applications on which
133.15applications for engineers' licenses shall be made under oath of the applicant. These
133.16blanks shall be so formulated as to elicit such information as is desirable needed to
133.17enable the examiners to pass on determine whether an applicant meets the qualifications
133.18of applicants required for the license.

133.19    Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:
133.20183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
133.21    Subdivision 1. Engineers, classes. Engineers shall be divided into four classes:
133.22    (1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade
133.23A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade
133.24C. (4) Special engineers.
133.25    Subd. 2. Applications. Any person individual who desires an engineer's license
133.26shall submit a written an application, on blanks furnished by the commissioner or designee
133.27on a written or electronic form prescribed by the commissioner, at least 15 days before
133.28the requested exam date. The application is valid for permits the applicant to take the
133.29examination on one occasion within one year from the date the commissioner or designee
133.30received receives the application.
133.31    Subd. 2a. Examinations. Each applicant for a license must pass an examination
133.32approved developed and administered by the commissioner. The examinations shall be
133.33of sufficient scope to establish the competency of the applicant to operate a boiler of the
133.34applicable license class and grade.
134.1    Subd. 3. High and low pressure boilers. For the purposes of this section and
134.2section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor
134.3pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure
134.4exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
134.5    Low pressure boilers shall mean boilers operating at a steam or other vapor pressure
134.6of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed
134.7160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
134.8    Subd. 4. Chief engineer, Grade A. A person An individual seeking licensure as
134.9a chief engineer, Grade A, shall be at least 18 years of age and have experience which
134.10verifies that the person individual is competent to take charge of and be responsible for the
134.11safe operation and maintenance of all classes of boilers, steam engines, and turbines and
134.12their appurtenances; and, before receiving a license, the applicant shall take and subscribe
134.13an oath attesting to at least five years actual experience in operating such boilers, including
134.14at least two years experience in operating such engines or turbines.
134.15    Subd. 5. Chief engineer, Grade B. A person An individual seeking licensure as a
134.16chief engineer, Grade B, shall be at least 18 years of age and have habits and experience
134.17which justify the belief that the person individual is competent to take charge of and be
134.18responsible for the safe operation and maintenance of all classes of boilers and their
134.19appurtenances; and, before receiving a license, the applicant shall take and subscribe an
134.20oath attesting to at least five years actual experience in operating those boilers.
134.21    Subd. 6. Chief engineer, Grade C. A person An individual seeking licensure as a
134.22chief engineer, Grade C, shall be at least 18 years of age and have habits and experience
134.23which justify the belief that the person individual is competent to take charge of and
134.24be responsible for the safe operation and maintenance of all classes of low pressure
134.25boilers and their appurtenances, and before receiving a license, the applicant shall take
134.26and subscribe an oath attesting to at least five years of actual experience in operating
134.27such boilers.
134.28    Subd. 7. First-class engineer, Grade A. A person An individual seeking licensure
134.29as a first-class engineer, Grade A, shall be at least 18 years of age and have experience
134.30which verifies that the person individual is competent to take charge of and be responsible
134.31for the safe operation and maintenance of all classes of boilers, engines, and turbines and
134.32their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a
134.33plant of unlimited horsepower. Before receiving a license, the applicant shall take and
134.34subscribe an oath attesting to at least three years actual experience in operating such
134.35boilers, including at least two years experience in operating such engines or turbines.
135.1    Subd. 8. First-class engineer, Grade B. A person An individual seeking licensure
135.2as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and
135.3experience which justify the belief that the person individual is competent to take charge
135.4of and be responsible for the safe operation and maintenance of all classes of boilers of
135.5not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited
135.6horsepower. Before receiving a license the applicant shall take and subscribe an oath
135.7attesting to at least three years actual experience in operating such boilers.
135.8    Subd. 9. First-class engineer, Grade C. A person An individual seeking licensure
135.9as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and
135.10experience which justify the belief that the person individual is competent to take charge
135.11of and be responsible for the safe operation and maintenance of all classes of low pressure
135.12boilers and their appurtenances of not more than 300 horsepower or to operate as a shift
135.13engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the
135.14applicant shall take and subscribe an oath attesting to at least three years actual experience
135.15in operating such boilers.
135.16    Subd. 10. Second-class engineer, Grade A. A person An individual seeking
135.17licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have
135.18experience which verifies that the person individual is competent to take charge of and
135.19be responsible for the safe operation and maintenance of all classes of boilers, engines,
135.20and turbines and their appurtenances of not more than 100 horsepower or to operate
135.21as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift
135.22engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving
135.23a license the applicant shall take and subscribe an oath attesting to at least one year of
135.24actual experience in operating such boilers, including at least one year of experience in
135.25operating such engines or turbines.
135.26    Subd. 11. Second-class engineer, Grade B. A person An individual seeking
135.27licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have
135.28habits and experience which justify the belief that the person individual is competent to
135.29take charge of and be responsible for the safe operation and maintenance of all classes of
135.30boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not
135.31more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant
135.32of unlimited horsepower. Before receiving a license the applicant shall take and subscribe
135.33an oath attesting to at least one year of actual experience in operating such boilers.
135.34    Subd. 12. Second-class engineer, Grade C. A person An individual seeking
135.35licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have
136.1habits and experience which justify the belief that the person individual is competent to
136.2take charge of and be responsible for the safe operation and maintenance of all classes
136.3of low pressure boilers and their appurtenances of not more than 100 horsepower or to
136.4operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or
136.5to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited
136.6horsepower. Before receiving a license, the applicant shall take and subscribe an oath
136.7attesting to at least one year of actual experience in operating such boilers.
136.8    Subd. 13. Special engineer. A person An individual seeking licensure as a special
136.9engineer shall be at least 18 years of age and have habits and experience which justify
136.10the belief that the person individual is competent to take charge of and be responsible for
136.11the safe operation and maintenance of all classes of boilers and their appurtenances of
136.12not more than 30 horsepower or to operate as a shift engineer in a plant of not more than
136.13100 horsepower, or to serve as an apprentice in any plant under the direct supervision of
136.14the properly licensed engineer.
136.15    Subd. 14. Current boiler operators. Any person individual operating a boiler other
136.16than a steam boiler on or before April 15, 1982 shall be qualified for application for the
136.17applicable class license upon presentation of an affidavit furnished by an inspector and
136.18sworn to by the person's individual's employer or a chief engineer. The applicant must
136.19have at least the number of years of actual experience specified for the class of license
136.20requested and pass the appropriate examination.
136.21    Subd. 15. Rating horsepower. For the purpose of rating boiler horsepower for
136.22engineer license classifications only: ten square feet of heating surface shall be considered
136.23equivalent to one boiler horsepower for conventional boilers and five square feet of
136.24heating surface equivalent to one boiler horsepower for steam coil type generators.

136.25    Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:
136.26    Subdivision 1. Safety Inspection certificate. After examination and tests, if a boiler
136.27inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall
136.28deliver to the chief boiler inspector a verified certificate in such form as prescribed by
136.29the chief boiler inspector containing a specification of the tests applied and the working
136.30pressure allowed. A copy of the certificate is delivered to the owner of the boiler or
136.31pressure vessel, who shall place and retain the same in a conspicuous place on or near
136.32the boiler or pressure vessel. of the boiler or pressure vessel being inspected, the boiler
136.33inspector shall document the condition of the boiler or pressure vessel as required by the
136.34commissioner. The inspector shall issue an inspection certificate, as prescribed by the
136.35commissioner, to the owner or operator for the inspected boilers and pressure vessels
137.1found to be safe and suitable for use. The inspector shall immediately notify the owner or
137.2operator of any deficiencies found on the boilers and pressure vessels during the inspection
137.3on a form prescribed by the commissioner.

137.4    Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:
137.5    Subd. 3. Failure to pay fee. If the owner or lessee of any boiler or pressure vessel,
137.6which boiler or pressure vessel has been duly inspected, refuses to pay the required fee
137.7within 30 days from the date of the inspection invoice, the chief boiler inspector, or
137.8deputy, department may seal the boiler or pressure vessel until the fee is paid.

137.9    Sec. 15. Minnesota Statutes 2006, section 183.545, subdivision 2, is amended to read:
137.10    Subd. 2. Fee amounts; master's. The license and application fee for a master's
137.11license is $50 $45, or $20 $15 if the applicant possesses a valid, unlimited, current United
137.12States Coast Guard master's license. The annual renewal of a master's license is $20 $15.
137.13The annual renewal if paid later than 30 days after expiration is $35 $30. The fee for
137.14replacement of a current, valid license is $20 $15.
137.15EFFECTIVE DATE.This section is effective July 1, 2007.

137.16    Sec. 16. Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:
137.17    Subd. 4. Boiler engineer license fees. For the following licenses, the nonrefundable
137.18license and application fee is:
137.19    (1) chief engineer's license, $50 $45;
137.20    (2) first class engineer's license, $50 $45;
137.21    (3) second class engineer's license, $50 $45;
137.22    (4) special engineer's license, $20 $15; and
137.23    (5) traction or hobby boiler engineer's license, $50 $45.
137.24    An engineer's license may be renewed upon application and payment of an annual
137.25renewal fee of $20 $15. The annual renewal, if paid later than 30 days after expiration, is
137.26$35 $30. The fee for replacement of a current, valid license is $20 $15.
137.27EFFECTIVE DATE.This section is effective July 1, 2007.

137.28    Sec. 17. Minnesota Statutes 2006, section 183.545, subdivision 8, is amended to read:
137.29    Subd. 8. Certificate of competency. The fee for issuance of the original state of
137.30Minnesota certificate of competency for inspectors is $50 $45. This fee is waived for
137.31inspectors who paid the examination fee. The fee for an annual renewal of the state of
137.32Minnesota certificate of competency is $35 $30, and is due January 1 of each year. The
137.33fee for replacement of a current, valid license is $35 $30.
137.34EFFECTIVE DATE.This section is effective July 1, 2007.

138.1    Sec. 18. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision
138.2to read:
138.3    Subd. 11. Late fee. The commissioner may assess a late fee of up to $100 for
138.4each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date
138.5stated on the invoice.
138.6EFFECTIVE DATE.This section is effective July 1, 2007.

138.7    Sec. 19. Minnesota Statutes 2006, section 183.56, is amended to read:
138.8183.56 EXCEPTIONS.
138.9    The provisions of sections 183.38 to 183.62, shall not apply to:
138.10    (1) boilers in buildings occupied solely for residence purposes with accommodations
138.11for not more than five families;
138.12    (2) railroad locomotives operated by railroad companies for transportation purposes;
138.13    (3) air tanks installed on the right-of-way of railroads and used directly in the
138.14operation of trains;
138.15    (4) boilers and pressure vessels under the direct jurisdiction of the United States;
138.16    (5) unfired pressure vessels having an internal or external working pressure not
138.17exceeding 15 p.s.i.g. with no limit on size;
138.18    (6) pressure vessels used for storage of compressed air not exceeding five cubic feet
138.19in volume and equipped with an American Society of Mechanical Engineers ASME code
138.20stamped safety valve set at a maximum of 100 p.s.i.g.;
138.21    (7) pressure vessels having an inside diameter not exceeding six inches;
138.22    (8) every vessel that contains water under pressure, including those containing air
138.23that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and
138.24whose design temperature does not exceed 210 degrees Fahrenheit;
138.25    (9) boiler or pressure vessels located on farms used solely for agricultural or
138.26horticultural purposes; for purposes of this section, boilers used for mint oil extraction
138.27are considered used for agricultural or horticultural purposes, provided that the owner or
138.28lessee complies with the inspection requirements contained in section 183.42;
138.29    (10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
138.30    (11) unfired pressure vessels in petroleum refineries;
138.31    (12) an air tank or pressure vessel which is an integral part of a passenger motor
138.32bus, truck, or trailer;
138.33    (13) hot water heating and other hot liquid boilers not exceeding a heat input of
138.34750,000 BTU per hour;
139.1    (14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000
139.2BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of
139.3120 gallons, or a pressure of 160 p.s.i.g.;
139.4    (15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
139.5    (16) pressure vessels operated full of water or other liquid not materially more
139.6hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees
139.7Fahrenheit or a pressure of 200 p.s.i.g.;
139.8    (17) steam powered turbines at paper-making facilities which are powered by steam
139.9generated by municipal steam district facilities at a remote location; and
139.10    (18) manually fired boilers for model locomotive, boat, tractor, stationary engine,
139.11or antique motor vehicles constructed or maintained only as a hobby for exhibition,
139.12educational or historical purposes and not for commercial use, if the boilers have an
139.13inside diameter of 12 inches or less, or a grate area of two square feet or less, and are
139.14equipped with an American Society of Mechanical Engineers ASME stamped safety valve
139.15of adequate size, a water level indicator, and a pressure gauge.
139.16    An engineer's license is not required for hot water supply boilers.
139.17    An engineer's license is not required for boilers, steam cookers, steam kettles, steam
139.18sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25
139.19kilowatt, 2-1/2 horsepower or and a pressure of 15 p.s.i.g.
139.20    Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum
139.21of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and
139.22shall not require an engineer license to operate.

139.23    Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:
139.24    Subdivision 1. Report required. Any insurance company insuring boilers and
139.25pressure vessels in this state shall file a report showing the most recent date of inspection,
139.26the name of the person individual making the inspection, the condition of the boiler
139.27or pressure vessel as disclosed by the inspection, whether the boiler was operated by
139.28a properly licensed engineer, whether a policy of insurance has been issued by the
139.29company with reference to the boiler or pressure vessel, and other information as directed
139.30by the chief boiler inspector commissioner. Within 21 days after the inspection, the
139.31insurance company shall file the report with the chief boiler inspector or designee and
139.32the commissioner. The insurer shall provide a copy of the report to the person, firm, or
139.33corporation owning or operating the inspected boiler or pressure vessel. Such report shall
139.34be made annually for boilers and biennially for pressure vessels.

139.35    Sec. 21. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:
140.1    Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance
140.2company authorized to do business in this state has issued a policy of insurance, after the
140.3inspection thereof, is exempt from inspection by the department made under sections
140.4183.375 to 183.62, while the same continues to be insured and provided it continues
140.5to be inspected in accordance with the inspection schedule set forth in sections 183.42
140.6and 183.45, and the person, firm, or corporation owning or operating the same has an
140.7unexpired certificate of registration.

140.8    Sec. 22. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:
140.9    Subd. 5. Notice of insurance coverage. The insurer shall notify the commissioner
140.10or designee in writing of its policy to insure and inspect boilers and pressure vessels at a
140.11location within 30 days of receipt of notification from the insured that a boiler or pressure
140.12vessel is present at an insured location. The insurer must also provide a duplicate of the
140.13notification to the insured.

140.14    Sec. 23. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:
140.15    Subd. 6. Notice of discontinued coverage. The insurer shall notify the
140.16commissioner or designee in writing, within 30 days of the effective date, of the
140.17discontinuation of insurance coverage of the boilers and pressure vessels at a location
140.18and the cause or reason for the discontinuation if the insurer has received notice from
140.19the insured that a boiler or pressure vessel is present at an insured location, as provided
140.20under subdivision 5. This notice shall show the effective date when the discontinued
140.21policy takes effect.

140.22    Sec. 24. Minnesota Statutes 2006, section 183.59, is amended to read:
140.23183.59 VIOLATIONS BY INSPECTORS.
140.24    Every inspector who willfully certifies falsely regarding any boiler or its attachments,
140.25or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license
140.26to any person individual to act as engineer, or master, or pilot contrary to any provision of
140.27sections 183.375 to 183.62, is guilty of a misdemeanor. In addition to this punishment the
140.28inspector shall be removed from office forthwith.

140.29    Sec. 25. Minnesota Statutes 2006, section 183.60, is amended to read:
140.30183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
140.31    Subdivision 1. Construction violation. Every No person who constructs shall
140.32construct a boiler, boiler piping, or pressure vessel so as not to meet the minimum
140.33construction requirements of the American Society of Mechanical Engineers ASME boiler
140.34and pressure vessel code, and the rules of the Division of Boiler Inspection adopted by the
140.35 department of Labor and Industry is guilty of a gross misdemeanor.
141.1    Subd. 2. Repair violation. Every No person who repairs a boiler or pressure vessel
141.2by welding or riveting so as not to meet the minimum requirements established by the
141.3current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection
141.4code and the rules of the Division of Boiler Inspection adopted by the department of Labor
141.5and Industry is guilty of a gross misdemeanor.
141.6    Subd. 3. Sale violation. Every No manufacturer, jobber, dealer, or other person
141.7selling or offering shall sell or offer for sale a boiler or pressure vessel that does not meet
141.8the minimum construction requirements of the American Society of Mechanical Engineers
141.9ASME boiler and pressure vessel code and the rules of the Division of Boiler Inspection
141.10adopted by the department of Labor and Industry is guilty of a gross misdemeanor.

141.11    Sec. 26. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:
141.12    Subd. 2. Inspection violation. Any No person who causes shall cause to be
141.13operated, or operates shall operate, any boiler or boat without having the same inspected
141.14at least once each year, or pressure vessel, steam farm traction engine, portable or
141.15stationary show engine, or portable or stationary show boiler without having it inspected
141.16biennially, and or without having the proper engineer or pilot master license is guilty
141.17of a misdemeanor.

141.18    Sec. 27. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:
141.19    Subd. 4. Failure to repair. Every person operating or causing to be operated After
141.20any boiler or pressure vessel after it has been examined and found to be unsafe and after the
141.21owner or operator thereof of the boiler or pressure vessel has been notified of any defect
141.22therein and what repairs are necessary to remedy the defect who fails to comply with the
141.23inspector's requirements is guilty of a misdemeanor in it, no person shall operate the boiler
141.24or pressure vessel or cause it to be operated unless and until the defect has been corrected.

141.25    Sec. 28. [326B.93] INSPECTION PERSONNEL.
141.26    Subdivision 1. Inspectors. The department may employ such inspectors and other
141.27persons as are necessary to efficiently perform the duties and exercise the powers imposed
141.28upon the department.
141.29    Subd. 2. Chief boiler inspector. The commissioner shall appoint a chief boiler
141.30inspector who, under the direction and supervision of the commissioner, shall administer
141.31this chapter and the rules adopted under this chapter. The chief boiler inspector must:
141.32    (1) be licensed as a chief Grade A engineer; and
141.33    (2) possess a current commission issued by the National Board of Boiler and
141.34Pressure Vessel Inspectors.
142.1The chief boiler inspector shall be the state of Minnesota representative on the National
142.2Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority
142.3of the rules adopted under this chapter, and shall perform other duties in administering this
142.4chapter and the rules adopted under this chapter as assigned by the commissioner. Any
142.5adverse ruling by the commissioner must be presented to an administrative law judge.

142.6    Sec. 29. [326B.94] BOATS; MASTERS.
142.7    Subdivision 1. Boat. "Boat" means any vessel navigating inland waters of the state
142.8that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet
142.9or more in length.
142.10    Subd. 2. Number of passengers. The department shall designate the number of
142.11passengers that each boat may safely carry, and no such boat shall carry a greater number
142.12than is allowed by the inspector's certificate.
142.13    Subd. 3. Annual permit. The commissioner shall issue an annual permit to a boat
142.14for the purpose of carrying passengers for hire on the inland waters of the state provided
142.15the boat satisfies the inspection requirements of this section. A boat subject to inspection
142.16under this chapter shall be registered with the department and shall be inspected before a
142.17permit may be issued. No person shall operate a boat or cause a boat to be operated for the
142.18purpose of carrying passengers for hire on the inland waters of the state without a valid
142.19annual permit issued under this section.
142.20    Subd. 4. Examinations, licensing. The commissioner shall develop and administer
142.21an examination for all masters of boats carrying passengers for hire on the inland waters of
142.22the state as to their qualifications and fitness. If found qualified and competent to perform
142.23their duties as a master of a boat carrying passengers for hire, they shall be issued a license
142.24authorizing them to act as such on the inland waters of the state. The license shall be
142.25renewed annually. Fees for the original issue and renewal of the license authorized under
142.26this section shall be pursuant to section 183.545, subdivision 2.
142.27    Subd. 4a. Reciprocity with other states. The commissioner may issue a temporary
142.28license without examination, upon payment of the required fee, nonresident applicants
142.29who are licensed under the laws of a state having standards for licensing which the
142.30commissioner determines are substantially equivalent to the standards of this state if
142.31the other state grants similar privileges to Minnesota residents duly licensed in this
142.32state. Applicants who receive a temporary license under this section may acquire an
142.33aggregate of 24 months of experience before they have to apply and pass the licensing
142.34examination. Applicants must register with the commissioner of labor and industry and
143.1the commissioner shall set a fee for a temporary license. Applicants have five years in
143.2which to comply with this section.
143.3    Subd. 5. Rules. (a) The department shall prescribe rules for the inspection of the
143.4hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances,
143.5and lifesaving equipment of all power boats navigating the inland waters of the state,
143.6which shall conform to the requirements and specifications of the United States Coast
143.7Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable
143.8inland waters; these rules shall have the force of law.
143.9    (b) The commissioner shall make such rules for inspection and operation of boats
143.10subject to inspection under this chapter, the licensing of masters, and the navigation of any
143.11such boat as will require its operation without danger to life or property.
143.12    Subd. 6. Drugs, alcohol. No master shall be under the influence of illegal drugs
143.13or alcohol when on duty.

143.14    Sec. 30. REVISOR'S INSTRUCTION.
143.15    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
143.16column A with the number listed in column B. The revisor shall also make necessary
143.17cross-reference changes consistent with the renumbering.
143.18
Column A
Column B
143.19
183.38
326B.952
143.20
183.39
326B.954
143.21
183.411
326B.956
143.22
183.42
326B.958
143.23
183.45
326B.96
143.24
183.46
326B.962
143.25
183.465
326B.964
143.26
183.466
326B.966
143.27
183.48
326B.968
143.28
183.50
326B.97
143.29
183.501
326B.972
143.30
183.502
326B.974
143.31
183.505
326B.976
143.32
183.51
326B.978
143.33
183.53
326B.98
143.34
183.54
326B.982
143.35
183.545
326B.986
143.36
183.56
326B.988
143.37
183.57
326B.99
143.38
183.59
326B.992
143.39
183.60
326B.994
144.1
183.61
326B.996
144.2
183.62
326B.998

144.3ARTICLE 10
144.4HIGH PRESSURE PIPING

144.5    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
144.6326.46 SUPERVISION OF DEPARTMENT TO SUPERVISE HIGH
144.7PRESSURE PIPING.
144.8    The department of Labor and Industry shall supervise all high pressure piping used
144.9on all projects in this state, and may prescribe minimum standards which shall be uniform.
144.10    The department shall employ inspectors and other assistants to carry out the
144.11provisions of sections 326.46 to 326.52.

144.12    Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
144.13to read:
144.14    Subd. 1a. Contracting high pressure pipefitter. "Contracting high pressure
144.15pipefitter" means an individual, such as a steamfitter, engaged in the planning,
144.16superintending, and practical installation of high pressure piping and appurtenances, and
144.17otherwise lawfully qualified to construct high pressure piping installations and make
144.18replacements to existing plants, who is also qualified to conduct the business of high
144.19pressure piping installations and who is familiar with the laws, rules, and minimum
144.20standards governing them.

144.21    Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
144.22to read:
144.23    Subd. 2a. High pressure steam. "High pressure steam" means a pressure in excess
144.24of 15 pounds per square inch.

144.25    Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
144.26to read:
144.27    Subd. 2b. Journeyman high pressure pipefitter. "Journeyman high pressure
144.28pipefitter" means an individual, such as a steamfitter, who is not a contracting high
144.29pressure pipefitter and who is engaged in the practical installation of high pressure piping
144.30and appurtenances in the employ of a contracting high pressure pipefitter.

144.31    Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
144.32to read:
144.33    Subd. 4. Pipefitter apprentice. A "pipefitter apprentice" is an individual, other than
144.34a contracting pipefitter, journeyman pipefitter, or pipefitter apprentice, who as a principal
144.35occupation is in the employ of a high pressure piping business license holder and is
145.1engaged in pipefitter work to learn and assist in the practical construction and installation
145.2of high pressure piping and appurtenances. For purposes of this subdivision, a "pipefitter
145.3apprentice" is an individual employed in the trade of the practical construction and
145.4installation of high pressure piping and appurtenances under an apprenticeship agreement
145.5approved by the department under Minnesota Rules, part 5200.0300.
145.6EFFECTIVE DATE.This section is effective July 1, 2007.

145.7    Sec. 6. Minnesota Statutes 2006, section 326.47, is amended to read:
145.8326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
145.9    Subdivision 1. Required permit. No person, firm, or corporation shall construct or
145.10install high pressure piping systems without first filing an application for a permit with the
145.11department of Labor and Industry or a municipality that has complied with subdivision 2.
145.12Projects under construction prior to August 1, 1984, are not required to obtain a permit.
145.13    Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
145.14provide for the inspection of high pressure piping system materials and construction, and
145.15provide that it shall not be constructed or installed except in accordance with minimum
145.16state standards. The authority designated by the ordinance for issuing high pressure piping
145.17permits and assuring compliance with state standards must report to the Department of
145.18Labor and Industry all violations of state high pressure piping standards.
145.19    A municipality may not adopt an ordinance with high pressure piping standards
145.20that does not conform to the uniform standards prescribed by the Department of Labor
145.21and Industry. The Department of Labor and Industry shall specify by rule the minimum
145.22qualifications for municipal inspectors. The commissioner may enter into an agreement
145.23with a municipality, in which the municipality agrees to perform inspections and issue
145.24permits for the construction and installation of high pressure piping systems within the
145.25municipality's geographical area of jurisdiction, if:
145.26    (a) The municipality has adopted:
145.27    (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
145.285230.6200;
145.29    (2) an ordinance that authorizes the municipality to issue permits to persons holding
145.30a high pressure piping business license issued by the department and only for construction
145.31or installation that would, if performed properly, fully comply with all Minnesota Statutes
145.32and Minnesota Rules;
145.33    (3) an ordinance that authorizes the municipality to perform the inspections that are
145.34required under Minnesota Statutes or Minnesota Rules of the construction and installation
145.35of high pressure piping systems; and
146.1    (4) an ordinance that authorizes the municipality to enforce the code for power
146.2piping systems in its entirety.
146.3    (b) The municipality agrees to issue permits only to persons holding a high pressure
146.4piping business license as required by law at the time of the permit issuance, and only for
146.5construction or installation that would, if performed properly, comply with all Minnesota
146.6Statutes and Minnesota Rules governing the construction or installation of high pressure
146.7piping systems.
146.8    (c) The municipality agrees to issue permits only on forms approved by the
146.9department.
146.10    (d) The municipality agrees that, for each permit issued by the municipality, the
146.11municipality shall perform one or more inspections of the construction or installation to
146.12determine whether the construction or installation complies with all Minnesota Statutes
146.13and Minnesota Rules governing the construction or installation of high pressure piping
146.14systems, and shall prepare a written report of each inspection.
146.15    (e) The municipality agrees to notify the commissioner within 24 hours after the
146.16municipality discovers any violation of the licensing laws related to high pressure piping.
146.17    (f) The municipality agrees to notify the commissioner immediately if the
146.18municipality discovers that any entity has failed to meet a deadline set by the municipality
146.19for correction of a violation of the high pressure piping laws.
146.20    (g) The commissioner determines that the individuals who will conduct the
146.21inspections for the municipality do not have any conflict of interest in conducting the
146.22inspections.
146.23    (h) Individuals who will conduct the inspections for the municipality are permanent
146.24employees of the municipality and are licensed contracting high pressure pipefitters or
146.25licensed journeyman high pressure pipefitters.
146.26    (i) The municipality agrees to notify the commissioner within ten days of any
146.27changes in the names or qualifications of the individuals who conduct the inspections
146.28for the municipality.
146.29    (j) The municipality agrees to enforce in its entirety the code for power piping
146.30systems on all projects.
146.31    (k) The municipality shall not approve any piping installation unless the installation
146.32conforms to all applicable provisions of the high pressure piping laws in effect at the
146.33time of the installation.
146.34    (l) The municipality agrees to promptly require compliance or revoke a permit that
146.35it has issued if there is noncompliance with any of the applicable provisions of the high
146.36pressure piping laws in connection with the work covered by the permit. The municipality
147.1agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
147.2violated.
147.3    (m) The municipality agrees to keep official records of all documents received,
147.4including permit applications, and of all permits issued, reports of inspections, and notices
147.5issued in connection with inspections.
147.6    (n) The municipality agrees to maintain the records described in paragraph (m) in
147.7the official records of the municipality for the period required for the retention of public
147.8records under section 138.17, and shall make these records readily available for review
147.9according to section 13.37.
147.10    (o) Not later than the tenth day of each month, the municipality shall submit to the
147.11commissioner a report of all high pressure piping permits issued by the municipality during
147.12the preceding month. This report shall be in a format approved by the commissioner
147.13and shall include:
147.14    (1) the name of the contractor;
147.15    (2) the license number of the contractor's license issued by the commissioner;
147.16    (3) the permit number;
147.17    (4) the address of the job;
147.18    (5) the date the permit was issued;
147.19    (6) a brief description of the work; and
147.20    (7) the amount of the inspection fee.
147.21    (p) Not later than the 31st day of January of each year, the municipality shall submit
147.22a summary report to the commissioner identifying the status of each high pressure piping
147.23project for which the municipality issued a permit during the preceding year, and the
147.24status of high pressure piping projects for which the municipality issued a permit during a
147.25prior year where no final inspection had occurred by the first day of the preceding year.
147.26This summary report shall include:
147.27    (1) the permit number;
147.28    (2) the date of any final inspection; and
147.29    (3) identification of any violation of high pressure piping laws related to work
147.30covered by the permit.
147.31    (q) The municipality and the commissioner agree that if at any time during the
147.32agreement the municipality does not have in effect the code for high pressure piping
147.33systems or any of the ordinances described in paragraph (a), or if the commissioner
147.34determines that the municipality is not properly administering and enforcing the code for
147.35high pressure piping or is otherwise not complying with the agreement:
148.1    (1) the commissioner may, effective 14 days after the municipality's receipt of
148.2written notice, terminate the agreement and have the administration and enforcement of
148.3the high pressure piping code in the involved municipality undertaken by the department;
148.4    (2) the municipality may challenge the termination in a contested case before the
148.5commissioner pursuant to the Administrative Procedure Act; and
148.6    (3) while any challenge under clause (2) is pending, the commissioner may exercise
148.7oversight of the municipality to the extent needed to ensure that high pressure piping
148.8inspections are performed and permits are issued in accordance with the high pressure
148.9piping laws.
148.10    (r) The municipality and the commissioner agree that the municipality may terminate
148.11the agreement with or without cause on 90 days' written notice to the commissioner.
148.12    (s) The municipality and the commissioner agree that no municipality shall
148.13revoke, suspend, or place restrictions on any high pressure piping license issued by the
148.14commissioner. If the municipality identifies during an inspection any violation that
148.15may warrant revocation, suspension, or placement of restrictions on a high pressure
148.16piping license issued by the commissioner, the municipality shall promptly notify the
148.17commissioner of the violation and the commissioner shall determine whether revocation,
148.18suspension, or placement of restrictions on any high pressure piping license issued by
148.19the commissioner is appropriate.
148.20    Subd. 5. Reporting of permits issued. Each municipality must submit to the
148.21Department of Labor and Industry a copy of each permit issued within ten days after
148.22issuance.
148.23    All permits must be issued on forms prescribed by or approved by the Department of
148.24Labor and Industry.
148.25    Subd. 6. Filing and inspection fees. (a) The department of Labor and Industry must
148.26charge a filing fee set by the commissioner under section 16A.1285 and an inspection fee
148.27for all applications for permits to construct or install high pressure piping systems. The
148.28filing fee for inspection of high pressure piping system construction or installation shall
148.29be set by the commissioner under section 16A.1285 $100. This subdivision does The
148.30inspection fee shall be calculated as follows.
148.31    (1) When an application for a permit is filed prior to the start of construction or
148.32installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus
148.330.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of
148.34construction or installation.
148.35    (2) Except as provided in paragraph (b), when an application for permit is filed after
148.36the start of construction or installation, the inspection fee shall be the greater of: $1,100;
149.1or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011
149.2of the amount over $3,000,000 of the cost of construction or installation.
149.3    (b) The commissioner shall consider any extenuating circumstances that caused an
149.4application for permit to be filed after the start of construction or installation. If warranted
149.5by such extenuating circumstances, the commissioner may calculate the inspection fee as
149.6if the application for permit had been filed prior to the start of construction or installation.
149.7    (c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality
149.8complying with according to an agreement under subdivision 2.
149.9EFFECTIVE DATE.This section is effective December 1, 2007, except that
149.10subdivision 6 is effective July 1, 2007.

149.11    Sec. 7. Minnesota Statutes 2006, section 326.48, is amended to read:
149.12326.48 LICENSING AND REGISTRATION.
149.13    Subdivision 1. License required; rules; time credit. No person individual shall
149.14engage in or work at the business of a contracting high pressure pipefitter unless issued
149.15an individual contracting high pressure pipefitter license to do so by the department of
149.16Labor and Industry. No license shall be required for repairs on existing installations. No
149.17person individual shall engage in or work at the business of journeyman pipefitter unless
149.18issued an individual journeyman high pressure pipefitter competency license to do so by
149.19the department of Labor and Industry. A person possessing an individual contracting
149.20high pressure pipefitter competency license may also work as a journeyman high pressure
149.21pipefitter.
149.22    No person, partnership, firm, or corporation shall construct or install high pressure
149.23piping, nor install high pressure piping in connection with the dealing in and selling
149.24of high pressure pipe material and supplies, unless, at all times, a person an individual
149.25possessing a contracting high pressure pipefitter individual competency license or a
149.26journeyman high pressure pipefitter individual competency license is responsible for
149.27ensuring that the high pressure pipefitting work conducted by the person, partnership, firm,
149.28or corporation being is in conformity with Minnesota Statutes and Minnesota Rules.
149.29    The department of Labor and Industry shall prescribe rules, not inconsistent
149.30herewith, for the examination and individual competency licensing of contracting high
149.31pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits
149.32by the department and municipalities for the installation of high pressure piping.
149.33    An employee performing the duties of inspector for the department of Labor and
149.34Industry in regulating pipefitting shall not receive time credit for the inspection duties
149.35when making an application for a license required by this section.
150.1    Subd. 2. High pressure pipefitting business license. Before obtaining a permit
150.2for high pressure piping work, a person, partnership, firm, or corporation must obtain or
150.3utilize a business with a high pressure piping business license.
150.4    A person, partnership, firm, or corporation must have at all times as a full-time
150.5employee at least one individual holding an individual contracting high pressure pipefitter
150.6competency license. Only full-time employees who hold individual contracting high
150.7pressure pipefitter licenses are authorized to obtain high pressure piping permits in the
150.8name of the business. The individual contracting high pressure pipefitter competency
150.9license holder can be the employee of only one high pressure piping business at a time.
150.10    To retain its business license without reapplication, a person, partnership, firm,
150.11or corporation holding a high pressure piping business license that ceases to employ a
150.12person an individual holding an individual contracting high pressure pipefitter competency
150.13license shall have 60 days from the last day of employment of its previous individual
150.14contracting pipefitter competency license holder to employ another license holder. The
150.15department of Labor and Industry must be notified no later than five days after the last day
150.16of employment of the previous license holder.
150.17    No high pressure pipefitting work may be performed during any period when the
150.18high pressure pipefitting business does not have an individual contracting high pressure
150.19pipefitter competency license holder on staff. If a license holder is not employed within
150.2060 days after the last day of employment of the previous license holder, the pipefitting
150.21business license shall lapse.
150.22    The department of Labor and Industry shall prescribe by rule procedures for
150.23application for and issuance of business licenses and fees.
150.24    Subd. 2a. Registration requirement. All pipefitter apprentices must be registered
150.25under subdivision 2b. No individual may be a registered pipefitter apprentice for more than
150.26four years unless the individual has a pending application to be licensed as a journeyman
150.27pipefitter. No high pressure piping business shall employ a pipefitter apprentice to help
150.28and assist in the construction and installation of high pressure piping unless the pipefitter
150.29apprentice is registered.
150.30A registered pipefitter apprentice is authorized to assist in the practical construction and
150.31installation of high pressure piping and appurtenances only while under direct supervision
150.32of a licensed individual contacting pipefitter. The licensed individual contracting pipefitter
150.33is responsible for ensuring that all high pressure piping work performed by the registered
150.34pipefitter apprentice complies with Minnesota Statutes and Minnesota Rules.
150.35    Subd. 3. Bond. The As a condition of licensing, each applicant for a high pressure
150.36piping business license or renewal shall give bond to the state in the total penal sum of
151.1$15,000 conditioned upon the faithful and lawful performance of all work entered upon
151.2contracted for or performed within the state. The bond shall run to and be for the benefit of
151.3persons injured or suffering financial loss by reason of failure of payment or performance.
151.4Claims and actions on the bond may be brought according to sections 574.26 to 574.38.
151.5    The term of the bond must be concurrent with the term of the high pressure
151.6pipefitting business license and run without interruption from the date of the issuance of
151.7the license to the end of the calendar year. All high pressure pipefitting business licenses
151.8must be annually renewed on a calendar year basis.
151.9    The bond must be filed with the department of Labor and Industry and shall be
151.10in lieu of any other business license bonds required by any political subdivision for
151.11high pressure pipefitting. The bond must be written by a corporate surety licensed to
151.12do business in the state.
151.13    Subd. 4. Insurance. In addition to the bond described in subdivision 3, each
151.14applicant for a high pressure pipefitting business license or renewal shall have in force
151.15public liability insurance, including products liability insurance, with limits of at least
151.16$100,000 per person and $300,000 per occurrence and property damage insurance with
151.17limits of at least $50,000.
151.18    The insurance must be kept in force for the entire term of the high pressure
151.19pipefitting business license, and the license shall be suspended by the department if at any
151.20time the insurance is not in force.
151.21    The insurance must be written by an insurer licensed to do business in the state and
151.22shall be in lieu of any other insurance required by any subdivision of government for
151.23high pressure pipefitting. Each person, partnership, firm, or corporation holding a high
151.24pressure pipefitting business license shall maintain on file with the department a certificate
151.25evidencing the insurance. Any purported cancellation of insurance shall not be effective
151.26without the insurer first giving 30 days' written notice to the department.
151.27    Subd. 5. License fee. The state department of Labor and Industry may shall charge
151.28each applicant for a high pressure pipefitting business license or for a renewal of a high
151.29pressure pipefitting business license and an additional fee commensurate with the cost of
151.30administering the bond and insurance requirements of subdivisions 3 and 4. the following
151.31license fees:
151.32    (a) application for journeyman high pressure piping pipefitter competency license,
151.33$100;
151.34    (b) renewal of journeyman high pressure piping pipefitter competency license, $60;
151.35    (c) application for contracting high pressure piping pipefitter competency license,
151.36$250;
152.1    (d) renewal of contracting high pressure piping pipefitter competency license, $220;
152.2    (e) application for high pressure piping business license, $350;
152.3    (f) application to inactivate a contracting high pressure piping pipefitter competency
152.4license or inactivate a journeyman high pressure piping pipefitter competency license,
152.5$30; and
152.6    (g) renewal of an inactive contracting high pressure piping pipefitter competency
152.7license or inactive journeyman high pressure piping pipefitter competency license, $30.
152.8    If an application for renewal of an active or inactive journeyman high pressure
152.9piping pipefitter competency license or active or inactive contracting high pressure piping
152.10competency license is received by the department after the date of expiration of the
152.11license, a $30 late renewal fee shall be added to the license renewal fee.
152.12    Payment must accompany the application for a license or renewal of a license. There
152.13shall be no refund of fees paid.
152.14EFFECTIVE DATE.This section is effective December 1, 2007, except that
152.15subdivisions 2a, 2b, and 5 are effective July 1, 2007.

152.16    Sec. 8. Minnesota Statutes 2006, section 326.50, is amended to read:
152.17326.50 LICENSE APPLICATION; FEES AND RENEWAL.
152.18    Application for an individual contracting high pressure pipefitter competency or an
152.19individual journeyman high pressure pipefitter competency license shall be made to the
152.20department of Labor and Industry, with fees. The applicant shall be licensed only after
152.21passing an examination developed and administered by the department of Labor and
152.22Industry. A competency license issued by the department shall expire on December 31
152.23of each year. A renewal application must be received by the department within one year
152.24after expiration of the competency license. A license that has been expired for more
152.25than one year cannot be renewed, and can only be reissued if the applicant submits a
152.26new application for the competency license, pays a new application fee, and retakes and
152.27passes the applicable license examination.

152.28    Sec. 9. [326.501] RECIPROCITY WITH OTHER STATES.
152.29    The commissioner may issue a temporary license without examination, upon
152.30payment of the required fee, nonresident applicants who are licensed under the laws of a
152.31state having standards for licensing which the commissioner determines are substantially
152.32equivalent to the standards of this state if the other state grants similar privileges to
152.33Minnesota residents duly licensed in this state. Applicants who receive a temporary
152.34license under this section may acquire an aggregate of 24 months of experience before
152.35they have to apply and pass the licensing examination. Applicants must register with the
153.1commissioner of labor and industry and the commissioner shall set a fee for a temporary
153.2license. Applicants have five years in which to comply with this section.

153.3    Sec. 10. REVISOR'S INSTRUCTION.
153.4    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
153.5column A with the number listed in column B. The revisor shall also make necessary
153.6cross-reference changes consistent with the renumbering.
153.7
Column A
Column B
153.8
326.46
326B.90
153.9
326.461
326B.91
153.10
326.47
326B.92
153.11
326.48
326B.93
153.12
326.50
326B.94

153.13ARTICLE 11
153.14CONFORMING CHANGES

153.15    Section 1. Minnesota Statutes 2006, section 31.175, is amended to read:
153.1631.175 WATER, PLUMBING, AND SEWAGE.
153.17    A person who is required by statutes administered by the Department of Agriculture,
153.18or by rules adopted pursuant to those statutes, to provide a suitable water supply, or
153.19plumbing or sewage disposal system, may not engage in the business of manufacturing,
153.20processing, selling, handling, or storing food at wholesale or retail unless the person's
153.21water supply is satisfactory under plumbing codes adopted by the Department of Health
153.22Labor and Industry and the person's sewage disposal system satisfies the rules of the
153.23Pollution Control Agency.

153.24    Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:
153.25    Subd. 3. Construction requirements. (a) Withdrawal and reinjection for the
153.26groundwater thermal exchange device must be accomplished by a closed system in which
153.27the waters drawn for thermal exchange do not have contact or commingle with water
153.28from other sources or with polluting material or substances. The closed system must be
153.29constructed to allow an opening for inspection by the commissioner.
153.30    (b) Wells that are part of a groundwater thermal exchange system may not serve
153.31another function, except water may be supplied to the domestic water system if:
153.32    (1) the supply is taken from the thermal exchange system ahead of the heat exchange
153.33unit; and
153.34    (2) the domestic water system is protected by an airgap or backflow prevention
153.35device as described in rules relating to plumbing enforced by the commissioner of labor
153.36and industry.
154.1    (c) A groundwater thermal exchange system may be used for domestic water heating
154.2only if the water heating device is an integral part of the heat exchange unit that is used for
154.3space heating and cooling.

154.4    Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read:
154.5144.122 LICENSE, PERMIT, AND SURVEY FEES.
154.6    (a) The state commissioner of health, by rule, may prescribe procedures and fees
154.7for filing with the commissioner as prescribed by statute and for the issuance of original
154.8and renewal permits, licenses, registrations, and certifications issued under authority of
154.9the commissioner. The expiration dates of the various licenses, permits, registrations,
154.10and certifications as prescribed by the rules shall be plainly marked thereon. Fees may
154.11include application and examination fees and a penalty fee for renewal applications
154.12submitted after the expiration date of the previously issued permit, license, registration,
154.13and certification. The commissioner may also prescribe, by rule, reduced fees for permits,
154.14licenses, registrations, and certifications when the application therefor is submitted
154.15during the last three months of the permit, license, registration, or certification period.
154.16Fees proposed to be prescribed in the rules shall be first approved by the Department of
154.17Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
154.18in an amount so that the total fees collected by the commissioner will, where practical,
154.19approximate the cost to the commissioner in administering the program. All fees collected
154.20shall be deposited in the state treasury and credited to the state government special revenue
154.21fund unless otherwise specifically appropriated by law for specific purposes.
154.22    (b) The commissioner may charge a fee for voluntary certification of medical
154.23laboratories and environmental laboratories, and for environmental and medical laboratory
154.24services provided by the department, without complying with paragraph (a) or chapter 14.
154.25Fees charged for environment and medical laboratory services provided by the department
154.26must be approximately equal to the costs of providing the services.
154.27    (c) The commissioner may develop a schedule of fees for diagnostic evaluations
154.28conducted at clinics held by the services for children with disabilities program. All
154.29receipts generated by the program are annually appropriated to the commissioner for use
154.30in the maternal and child health program.
154.31    (d) The commissioner shall set license fees for hospitals and nursing homes that are
154.32not boarding care homes at the following levels:
155.1
155.2
155.3
155.4
Joint Commission on Accreditation of
Healthcare Organizations (JCAHO) and
American Osteopathic Association (AOA)
hospitals
$7,555 plus $13 per bed
155.5
Non-JCAHO and non-AOA hospitals
$5,180 plus $247 per bed
155.6
Nursing home
$183 plus $91 per bed
155.7    The commissioner shall set license fees for outpatient surgical centers, boarding care
155.8homes, and supervised living facilities at the following levels:
155.9
Outpatient surgical centers
$3,349
155.10
Boarding care homes
$183 plus $91 per bed
155.11
Supervised living facilities
$183 plus $91 per bed.
155.12    (e) Unless prohibited by federal law, the commissioner of health shall charge
155.13applicants the following fees to cover the cost of any initial certification surveys required
155.14to determine a provider's eligibility to participate in the Medicare or Medicaid program:
155.15
Prospective payment surveys for hospitals
$900
155.16
Swing bed surveys for nursing homes
$1,200
155.17
Psychiatric hospitals
$1,400
155.18
Rural health facilities
$1,100
155.19
Portable x-ray providers
$500
155.20
Home health agencies
$1,800
155.21
Outpatient therapy agencies
$800
155.22
End stage renal dialysis providers
$2,100
155.23
Independent therapists
$800
155.24
155.25
Comprehensive rehabilitation outpatient
facilities
$1,200
155.26
Hospice providers
$1,700
155.27
Ambulatory surgical providers
$1,800
155.28
Hospitals
$4,200
155.29
155.30
155.31
155.32
Other provider categories or additional
resurveys required to complete initial
certification
Actual surveyor costs:
average surveyor cost x
number of hours for the
survey process.
155.33    These fees shall be submitted at the time of the application for federal certification
155.34and shall not be refunded. All fees collected after the date that the imposition of fees is not
155.35prohibited by federal law shall be deposited in the state treasury and credited to the state
155.36government special revenue fund.
155.37    (f) The commissioner shall charge the following fees for examinations, registrations,
155.38licenses, and inspections:
155.39
Plumbing examination
$ 50
155.40
Water conditioning examination
$ 50
155.41
Plumbing bond registration fee
$ 40
156.1
Water conditioning bond registration fee
$ 40
156.2
Master plumber's license
$120
156.3
Journeyman plumber's license
$ 55
156.4
Apprentice registration
$ 25
156.5
Water conditioning contractor license
$ 70
156.6
Water conditioning installer license
$ 35
156.7
Residential inspection fee (each visit)
$ 50
156.8
156.9
Public, commercial, and industrial
inspections
Inspection fee
156.10
25 or fewer drainage fixture units
$ 300
156.11
26 to 50 drainage fixture units
$ 900
156.12
51 to 150 drainage fixture units
$1,200
156.13
151 to 249 drainage fixture units
$1,500
156.14
250 or more drainage fixture units
$1,800
156.15
Callback fee (each visit)
$100
156.16EFFECTIVE DATE.This section is effective July 1, 2007.

156.17    Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:
156.18    Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and
156.19sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12),
156.20(13), (14), and (15)
; 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to
156.21144.385 ; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992;
156.22326.37 to 326.45; 326.57 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and
156.23all rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
156.24registrations, certificates, and permits adopted or issued by the department or under any
156.25other law now in force or later enacted for the preservation of public health may, in
156.26addition to provisions in other statutes, be enforced under this section.

156.27    Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:
156.28    Subdivision 1. Established. The Department of Labor and Industry shall consist
156.29of the following divisions: Division of Workers' Compensation, Division of Boiler
156.30Inspection Construction Codes and Licensing, Division of Occupational Safety and
156.31Health, Division of Statistics, Division of Steamfitting Standards, Division of Labor
156.32Standards and Apprenticeship, and such other divisions as the commissioner of the
156.33Department of Labor and Industry may deem necessary and establish. Each division of
156.34the department and persons in charge thereof shall be subject to the supervision of the
156.35commissioner of the Department of Labor and Industry and, in addition to such duties
156.36as are or may be imposed on them by statute, shall perform such other duties as may be
156.37assigned to them by the commissioner. Notwithstanding any other law to the contrary,
157.1the commissioner is the administrator and supervisor of all of the department's dispute
157.2resolution functions and personnel and may delegate authority to compensation judges
157.3and others to make determinations under sections 176.106, 176.238, and 176.239 and to
157.4approve settlement of claims under section 176.521.

157.5    Sec. 6. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
157.6    Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a
157.7license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund.
157.8The contractor's recovery fund is created in the state treasury and must be administered
157.9by the commissioner in the manner and subject to all the requirements and limitations
157.10provided by section 82.43 with the following exceptions:.
157.11    (1) each licensee who renews a license shall pay in addition to the appropriate
157.12renewal fee an additional fee which shall be credited to the contractor's recovery fund. The
157.13amount of the fee shall be based on the licensee's gross annual receipts for the licensee's
157.14most recent fiscal year preceding the renewal, on the following scale:
157.15
Fee
Gross Receipts
157.16
$100
under $1,000,000
157.17
$150
$1,000,000 to $5,000,000
157.18
$200
over $5,000,000
157.19Any person who receives a new license shall pay a fee based on the same scale;
157.20    (2) (1) The purpose of this fund is:
157.21    (i) to compensate any aggrieved owner or lessee of residential property located
157.22within this state who obtains a final judgment in any court of competent jurisdiction
157.23against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or
157.24dishonest practices, conversion of funds, or failure of performance arising directly out
157.25of any transaction when the judgment debtor was licensed and performed any of the
157.26activities enumerated under section 326.83, subdivision 19, on the owner's residential
157.27property or on residential property rented by the lessee, or on new residential construction
157.28which was never occupied prior to purchase by the owner, or which was occupied by the
157.29licensee for less than one year prior to purchase by the owner, and which cause of action
157.30arose on or after April 1, 1994; and
157.31    (ii) to reimburse the Department of Commerce for all legal and administrative
157.32expenses, including staffing costs, incurred in administering the fund;
157.33    (3) (2) nothing may obligate the fund for more than $50,000 per claimant, nor more
157.34than $75,000 per licensee; and
158.1    (4) (3) nothing may obligate the fund for claims based on a cause of action that
158.2arose before the licensee paid the recovery fund fee set in clause (1), or as provided in
158.3section 326.945, subdivision 3.
158.4    (b) Should the commissioner pay from the contractor's recovery fund any amount
158.5in settlement of a claim or toward satisfaction of a judgment against a licensee, the
158.6license shall be automatically suspended upon the effective date of an order by the court
158.7authorizing payment from the fund. No licensee shall be granted reinstatement until the
158.8licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
158.9paid from the fund on the licensee's account, and has obtained a surety bond issued by an
158.10insurer authorized to transact business in this state in the amount of at least $40,000.
158.11EFFECTIVE DATE.This section is effective July 1, 2007.

158.12    Sec. 7. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:
158.13    Subdivision 1. Rules. No domestic animals or house pets of occupants of
158.14manufactured home parks or recreational camping areas shall be allowed to run at large,
158.15or commit any nuisances within the limits of a manufactured home park or recreational
158.16camping area. Each manufactured home park or recreational camping area licensed under
158.17the provisions of sections 327.10, 327.11, 327.14 to 327.28 shall, among other things,
158.18provide for the following, in the manner hereinafter specified:
158.19    (1) A responsible attendant or caretaker shall be in charge of every manufactured
158.20home park or recreational camping area at all times, who shall maintain the park or
158.21area, and its facilities and equipment in a clean, orderly and sanitary condition. In any
158.22manufactured home park containing more than 50 lots, the attendant, caretaker, or other
158.23responsible park employee, shall be readily available at all times in case of emergency.
158.24    (2) All manufactured home parks shall be well drained and be located so that the
158.25drainage of the park area will not endanger any water supply. No wastewater from
158.26manufactured homes or recreational camping vehicles shall be deposited on the surface of
158.27the ground. All sewage and other water carried wastes shall be discharged into a municipal
158.28sewage system whenever available. When a municipal sewage system is not available, a
158.29sewage disposal system acceptable to the state commissioner of health shall be provided.
158.30    (3) No manufactured home shall be located closer than three feet to the side lot lines
158.31of a manufactured home park, if the abutting property is improved property, or closer than
158.32ten feet to a public street or alley. Each individual site shall abut or face on a driveway
158.33or clear unoccupied space of not less than 16 feet in width, which space shall have
158.34unobstructed access to a public highway or alley. There shall be an open space of at least
158.35ten feet between the sides of adjacent manufactured homes including their attachments
159.1and at least three feet between manufactured homes when parked end to end. The space
159.2between manufactured homes may be used for the parking of motor vehicles and other
159.3property, if the vehicle or other property is parked at least ten feet from the nearest
159.4adjacent manufactured home position. The requirements of this paragraph shall not apply
159.5to recreational camping areas and variances may be granted by the state commissioner
159.6of health in manufactured home parks when the variance is applied for in writing and in
159.7the opinion of the commissioner the variance will not endanger the health, safety, and
159.8welfare of manufactured home park occupants.
159.9    (4) An adequate supply of water of safe, sanitary quality shall be furnished at each
159.10manufactured home park or recreational camping area. The source of the water supply
159.11shall first be approved by the state Department of Health.
159.12    (5) All plumbing shall be installed in accordance with the rules of the state
159.13commissioner of health labor and industry and the provisions of the Minnesota Plumbing
159.14Code.
159.15    (6) In the case of a manufactured home park with less than ten manufactured homes,
159.16a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of
159.17the park in times of severe weather conditions, such as tornadoes, high winds, and floods.
159.18The shelter or evacuation plan shall be developed with the assistance and approval of
159.19the municipality where the park is located and shall be posted at conspicuous locations
159.20throughout the park. The park owner shall provide each resident with a copy of the
159.21approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.
159.22Nothing in this paragraph requires the Department of Health to review or approve any
159.23shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan
159.24submitted by a park shall not be grounds for action against the park by the Department of
159.25Health if the park has made a good faith effort to develop the plan and obtain municipal
159.26approval.
159.27    (7) A manufactured home park with ten or more manufactured homes, licensed prior
159.28to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the
159.29evacuation of park residents to a safe place of shelter within a reasonable distance of the
159.30park for use by park residents in times of severe weather, including tornadoes and high
159.31winds. The shelter or evacuation plan must be approved by the municipality by March 1,
159.321989. The municipality may require the park owner to construct a shelter if it determines
159.33that a safe place of shelter is not available within a reasonable distance from the park. A
159.34copy of the municipal approval and the plan shall be submitted by the park owner to the
159.35Department of Health. The park owner shall provide each resident with a copy of the
159.36approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.
160.1    (8) A manufactured home park with ten or more manufactured homes, receiving
160.2a primary license after March 1, 1988, must provide the type of shelter required by
160.3section 327.205, except that for manufactured home parks established as temporary,
160.4emergency housing in a disaster area declared by the President of the United States or
160.5the governor, an approved evacuation plan may be provided in lieu of a shelter for a
160.6period not exceeding 18 months.
160.7    (9) For the purposes of this subdivision, "park owner" and "resident" have the
160.8meaning given them in section 327C.01.

160.9    Sec. 8. Minnesota Statutes 2006, section 327.205, is amended to read:
160.10327.205 SHELTER CONSTRUCTION STANDARDS.
160.11    The commissioner of administration labor and industry shall adopt, by rule,
160.12minimum standards for the construction of low cost manufactured home park storm
160.13shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be
160.14constructed in accordance with these standards.

160.15    Sec. 9. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:
160.16    Subd. 2. Building standards. "Building standards" means the materials and
160.17installation standards of the State Building Code, adopted by the commissioner of
160.18administration labor and industry pursuant to sections 16B.59 to 16B.75, in effect at
160.19the time of the construction or remodeling.

160.20    Sec. 10. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:
160.21    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
160.22    (a) "Accessible unit" means an accessible rental housing unit that meets the
160.23disability facility persons with disabilities requirements of the State Building Code,
160.24Minnesota Rules, chapter 1340.
160.25    (b) "Landlord" has the meaning given it in section 504B.001, subdivision 7.

160.26    Sec. 11. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:
160.27    Subd. 6a. Normal residential surroundings for disabled persons with
160.28disabilities. It is the policy of this state that disabled persons and children with disabilities
160.29should not be excluded by municipal zoning ordinances or other land use regulations from
160.30the benefits of normal residential surroundings. For purposes of subdivisions 6a through
160.319, "person" has the meaning given in section 245A.02, subdivision 11.

160.32    Sec. 12. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:
160.33    Subd. 8. State Building Code. It may assist the commissioner of administration
160.34labor and industry in the development, implementation and revision of a uniform the
160.35State Building Code.

161.1    Sec. 13. Minnesota Statutes 2006, section 471.465, is amended to read:
161.2471.465 PERSONS WITH DISABILITIES; BUILDING REGULATIONS;
161.3DEFINITIONS.
161.4    Subdivision 1. Scope. For the purposes of sections 471.465 to 471.469, the terms
161.5defined in this section have the meanings given them.
161.6    Subd. 2. Buildings and facilities. "Buildings and facilities" means any and all
161.7buildings and facilities and the grounds appurtenant thereto within any city, township or
161.8other governmental subdivision of the state other than all farm dwellings and buildings
161.9and single and two family dwellings. However, on the date on which rules promulgated by
161.10the commissioner of administration labor and industry regarding building requirements for
161.11disabled persons with disabilities shall become effective, "buildings and facilities" shall
161.12mean only those structures which must provide facilities for the disabled persons with
161.13disabilities pursuant to said rules.
161.14    Subd. 3. Physically disabled Persons with disabilities. "Physically disabled
161.15Persons with disabilities" means and includes people having sight disabilities, hearing
161.16disabilities, disabilities of incoordination, disabilities of aging, and any other disability
161.17that significantly reduces mobility, flexibility, coordination, or perceptiveness.
161.18    Subd. 4. Remodeling. "Remodeling" means deliberate reconstruction of an existing
161.19building or facility in whole or in part in order to bring it up to date to conform with
161.20present uses of the structure and to conform with rules and regulations on the upgrading
161.21of health and safety aspects of structures.
161.22    Subd. 5. Local authority. "Local authority" means the local authority having
161.23jurisdiction over local building construction.

161.24    Sec. 14. Minnesota Statutes 2006, section 471.466, is amended to read:
161.25471.466 ADMINISTRATION AND ENFORCEMENT.
161.26    The duty and power to administer and enforce sections 471.465 to 471.469 is
161.27conferred upon and vested in the commissioner of administration labor and industry and
161.28the local authority.

161.29    Sec. 15. Minnesota Statutes 2006, section 471.467, is amended to read:
161.30471.467 BUILDING REQUIREMENTS; CONFORMITY.
161.31    Subdivision 1. Date applicable. On the date on which rules promulgated by the
161.32commissioner of administration labor and industry regarding building requirements for
161.33disabled persons with disabilities shall become effective, said rules shall exclusively
161.34govern the provision of facilities.
162.1    Subd. 2. No remodeling if solely for disabled persons with disabilities. Nothing
162.2in sections 471.465 to 471.469 shall be construed to require the remodeling of buildings
162.3solely to provide accessibility and usability to the physically disabled persons with
162.4disabilities when remodeling would not otherwise be undertaken.
162.5    Subd. 3. Applies to remodeled part. When any building or facility covered
162.6by sections 471.465 to 471.469 undergoes remodeling either in whole or in part, that
162.7portion of the building or facility remodeled shall conform to the requirements of sections
162.8471.465 to 471.469.

162.9    Sec. 16. Minnesota Statutes 2006, section 471.471, is amended to read:
162.10471.471 ACCESS REVIEW BOARD.
162.11    Subdivision 1. Membership. The Access Review Board consists of:
162.12    (1) a representative of the Building Code and Standards Division of the Department
162.13of Administration Labor and Industry, appointed by the commissioner of administration
162.14labor and industry;
162.15    (2) a representative of the state fire marshal's office, appointed by the commissioner
162.16of public safety;
162.17    (3) the commissioner of human rights or the commissioner's designee;
162.18    (4) a representative of the elevator safety section, designated by the commissioner
162.19of labor and industry or the commissioner's designee; and
162.20    (5) the chair of the Council on Disability or the chair's designee.
162.21The board shall elect a chair from among its members. Terms of members coincide with
162.22the terms of their appointing authorities or, in the case of ex officio members or their
162.23designees, with the terms of the offices by virtue of which they are members of the board.
162.24Compensation of members is governed by section 15.0575, subdivision 3.
162.25    Subd. 2. Staff; administrative support. The commissioner of administration labor
162.26and industry shall furnish staff, office space, and administrative support to the board. Staff
162.27assigned to the board must be knowledgeable with respect to access codes, site surveys,
162.28plan design, and product use and eligibility.
162.29    Subd. 3. Duties. The board shall consider applications for waivers from the
162.30State Building Code to permit the installation of stairway chair lifts to provide limited
162.31accessibility for the physically disabled persons with disabilities to buildings in which
162.32the provision of access by means permitted under the State Building Code is not
162.33architecturally or financially possible. In considering applications, the board shall review
162.34other possible access options. The board may approve an application for installation of a
162.35stairway chair when the board determines that the installation would be appropriate and
163.1no other means of access is possible. In determining whether to approve an application,
163.2the board shall consider:
163.3    (1) the need for limited accessibility when a higher degree of accessibility is not
163.4required by state or federal law or rule;
163.5    (2) the architectural feasibility of providing a greater degree of accessibility than
163.6would be provided by the proposed device or equipment;
163.7    (3) the total cost of the proposed device or equipment over its projected usable life,
163.8including installation, maintenance, and replacement costs;
163.9    (4) the reliability of the proposed device or equipment;
163.10    (5) the applicant's ability to comply with all recognized access and safety standards
163.11for installation and maintenance; and
163.12    (6) whether the proposed device or equipment can be operated and used without
163.13reducing or compromising minimum safety standards.
163.14The board shall consider the applicant's demonstrated inability to afford a greater degree
163.15of accessibility, but may not give greater weight to this factor than to the factors listed
163.16in clauses (1) to (6). The board may not approve an application unless the applicant
163.17guarantees that the device or equipment will be installed and operated in accordance with
163.18nationally recognized standards for such devices or equipment and agrees to obtain any
163.19permits needed from the agency responsible for enforcing those standards.
163.20    Subd. 4. Application process. A person seeking a waiver shall apply to the
163.21Building Code and Standards Division of the Department of Administration Labor and
163.22Industry on a form prescribed by the board and pay a $70 fee to the construction code
163.23fund. The division shall review the application to determine whether it appears to be
163.24meritorious, using the standards set out in subdivision 3. The division shall forward
163.25applications it considers meritorious to the board, along with a list and summary of
163.26applications considered not to be meritorious. The board may require the division to
163.27forward to it an application the division has considered not to be meritorious. The board
163.28shall issue a decision on an application within 90 days of its receipt. A board decision
163.29to approve an application must be unanimous. An application that contains false or
163.30misleading information must be rejected.
163.31    Subd. 5. Liability. Board members are immune from liability for personal injury or
163.32death resulting from the use or misuse of a device or equipment installed and operated
163.33under a waiver granted by the board.
163.34EFFECTIVE DATE.This section is effective July 1, 2007.

163.35ARTICLE 12
164.1APPRENTICESHIP BOARD

164.2    Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
164.3178.01 PURPOSES.
164.4The purposes of this chapter are: to open to young people regardless of race, sex,
164.5creed, color or national origin, the opportunity to obtain training that will equip them for
164.6profitable employment and citizenship; to establish as a means to this end, a program
164.7of voluntary apprenticeship under approved apprentice agreements providing facilities
164.8for their training and guidance in the arts, skills, and crafts of industry and trade, with
164.9concurrent, supplementary instruction in related subjects; to promote employment
164.10opportunities under conditions providing adequate training and reasonable earnings;
164.11to relate the supply of skilled workers to employment demands; to establish standards
164.12for apprentice training; to establish an Apprenticeship Advisory Council Board and
164.13apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
164.14for a Division of Labor Standards and Apprenticeship within the Department of Labor
164.15and Industry; to provide for reports to the legislature regarding the status of apprentice
164.16training in the state; to establish a procedure for the determination of apprentice agreement
164.17controversies; and to accomplish related ends.

164.18    Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
164.19178.02 APPRENTICESHIP ADVISORY COUNCIL BOARD.
164.20    Subdivision 1. Members. The commissioner of labor and industry, hereinafter
164.21called the commissioner, shall appoint an Apprenticeship Advisory Council Board,
164.22hereinafter referred to as the council board, composed of three representatives each from
164.23employer and employee organizations, and two representatives of the general public. The
164.24director of education responsible for career and technical education or designee shall be an
164.25ex officio member of the council board and shall serve in an advisory capacity only.
164.26    Subd. 2. Terms. The council board shall expire and the terms, compensation, and
164.27removal of appointed members shall be as provided in section 15.059, except that the
164.28council shall not expire before June 30, 2003.
164.29    Subd. 4. Duties. The council board shall meet at the call of the commissioner. It
164.30shall propose occupational classifications for apprenticeship programs; propose minimum
164.31standards for apprenticeship programs and agreements; and advise on the establishment
164.32of such policies, procedures, and rules as the commissioner board deems necessary in
164.33implementing the intent of this chapter.

164.34    Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
165.1    Subd. 3. Duties and functions. The director, under the supervision of the
165.2commissioner, and with the advice and oversight of the Apprenticeship Advisory
165.3Council Board, is authorized: to administer the provisions of this chapter; to promote
165.4apprenticeship and other forms of on the job training; to establish, in cooperation and
165.5consultation with the Apprenticeship Advisory Council Board and with the apprenticeship
165.6committees, conditions and training standards for the approval of apprenticeship programs
165.7and agreements, which conditions and standards shall in no case be lower than those
165.8prescribed by this chapter; to promote equal employment opportunity in apprenticeship
165.9and other on the job training and to establish a Minnesota plan for equal employment
165.10opportunity in apprenticeship which shall be consistent with standards established
165.11under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
165.12registration to sponsors of approved apprenticeship programs; to act as secretary of the
165.13Apprenticeship Advisory Council Board; to approve, if of the opinion that approval is
165.14for the best interest of the apprentice, any apprenticeship agreement which meets the
165.15standards established hereunder; to terminate any apprenticeship agreement in accordance
165.16with the provisions of such agreement; to keep a record of apprenticeship agreements and
165.17their disposition; to issue certificates of completion of apprenticeship; and to perform
165.18such other duties as the commissioner deems necessary to carry out the intent of this
165.19chapter; provided, that the administration and supervision of supplementary instruction in
165.20related subjects for apprentices; coordination of instruction on a concurrent basis with
165.21job experiences, and the selection and training of teachers and coordinators for such
165.22instruction shall be the function of state and local boards responsible for vocational
165.23education. The director shall have the authority to make wage determinations applicable
165.24to the graduated schedule of wages and journeyman wage rate for apprenticeship
165.25agreements, giving consideration to the existing wage rates prevailing throughout the
165.26state, except that no wage determination by the director shall alter an existing wage
165.27provision for apprentices or journeymen that is contained in a bargaining agreement in
165.28effect between an employer and an organization of employees, nor shall the director
165.29make any determination for the beginning rate for an apprentice that is below the wage
165.30minimum established by federal or state law.

165.31    Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
165.32    Subdivision 1. Rules. The commissioner may, upon receipt of the council's board's
165.33proposals, accept, adopt, and issue them by rule with any modifications or amendments
165.34the commissioner finds appropriate. The commissioner may refer them back to the
165.35council board with recommendations for further study, consideration and revision. If
165.36the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
166.1a board proposal, the commissioner must provide a written explanation of the reason
166.2for the refusal to the board within 30 days after the board submitted the proposal to the
166.3commissioner. Additional rules may be issued as the commissioner may deem necessary.

166.4ARTICLE 13
166.5ELECTRICAL BOARD

166.6    Section 1. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:
166.7    Subd. 2. Powers. The board, or the complaint committee on behalf of the board
166.8where authorized by law, shall have power to:
166.9(1) Elect its own officers.
166.10(2) Engage and fix the compensation of inspectors, and Hire employees. The
166.11salary of the executive secretary shall be established pursuant to chapter 43A. All agents
166.12and employees other than contract inspectors shall be in the classified service and shall
166.13be compensated pursuant to chapter 43A. All inspectors shall hold licenses as master
166.14or journeyman electricians under section 326.242, subdivision 1(1) or 2(1), and shall
166.15give bond in an amount fixed by the board, conditioned upon the faithful performance
166.16of their duties.
166.17(3) Pay such other expenses as it may deem necessary in the performance of its
166.18duties, including rent, supplies, and such like.
166.19(4) Enforce the provisions of sections 326.241 to 326.248, and provide, upon
166.20request, such additional voluntary inspections and reviews as it may deem appropriate.
166.21(5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,
166.22censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive
166.23relief and civil penalties in court as authorized by section 326.242 and other provisions
166.24of Minnesota law.
166.25(6) Adopt reasonable rules to carry out its duties under sections 326.241 to 326.248,
166.26implement state modifications to the National Electrical Code, and to provide for the
166.27amount and collection of fees for inspection and other services. All rules shall be adopted
166.28in accordance with chapter 14.
166.29EFFECTIVE DATE.This section is effective the day following final enactment.

166.30    Sec. 2. Minnesota Statutes 2006, section 326.243, is amended to read:
166.31326.243 SAFETY STANDARDS.
166.32All electrical wiring, apparatus and equipment for electric light, heat and power,
166.33technology circuits or systems shall comply with the rules of the Electrical Board, the
166.34Department of Commerce, or the Department of Labor and Industry, as applicable, and
166.35be installed in conformity with accepted standards of construction for safety to life and
167.1property. For the purposes of this chapter, the rules and safety standards stated at the
167.2time the work is done in the then most recently published current edition of the National
167.3Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
167.4by the American National Standards Institute, and the National Electrical Safety Code
167.5as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
167.6by the American National Standards Institute, shall be prima facie evidence of accepted
167.7standards of construction for safety to life and property; provided further, that in the event
167.8a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved
167.9methods of electrical construction for safety to life and property, compliance with said
167.10methods of electrical construction of said Minnesota Building Code shall also constitute
167.11compliance with this section, and provided further, that nothing herein contained shall
167.12prohibit any political subdivision from making and enforcing more stringent requirements
167.13than set forth herein and such requirements shall be complied with by all licensed
167.14electricians working within the jurisdiction of such political subdivisions.
167.15EFFECTIVE DATE.This section is effective the day following final enactment.

167.16ARTICLE 14
167.17PLUMBING BOARD

167.18    Section 1. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
167.19    Subdivision 1. Rules. The state commissioner of health Board of Plumbing may,
167.20by rule, prescribe minimum standards which shall be uniform, and which standards shall
167.21thereafter be effective for all new plumbing installations, including additions, extensions,
167.22alterations, and replacements connected with any water or sewage disposal system owned
167.23or operated by or for any municipality, institution, factory, office building, hotel, apartment
167.24building, or any other place of business regardless of location or the population of the
167.25city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
167.264715.3130, as they apply to review of plans and specifications, the commissioner may
167.27allow plumbing construction, alteration, or extension to proceed without approval of the
167.28plans or specifications by the commissioner.
167.29Except for those powers granted to the state Board of Plumbing under sections
167.30326.37 to 326.45, the commissioner of health shall administer the provisions of sections
167.31326.37 to 326.45 and for such purposes may employ plumbing inspectors and other
167.32assistants.

167.33    Sec. 2. [326.372] PLUMBING BOARD.
167.34    Subdivision 1. Composition. (a) The Plumbing Board shall consist of 11 voting
167.35members who must be residents of the state, appointed by the governor, and confirmed by
168.1the senate. The commissioner of labor and industry or the commissioner's designee shall
168.2be a nonvoting member. The first appointed board members shall serve an initial term
168.3of four years, except where designated otherwise. The governor shall then reappoint the
168.4current members or appoint replacement members, all or in part, to subsequent three-year
168.5terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
168.6occurring with less than six months time remaining in the term shall be filled for the
168.7existing term and the following three-year term. Of the 11 appointed members, the
168.8composition shall be as follows:
168.9(1) two members shall be municipal plumbing inspectors;
168.10(2) one member shall be a licensed mechanical engineer;
168.11(3) two members serving an initial term of three years shall be plumbing contractors
168.12or the representative of the contractor, engaged in a commercial scope of plumbing
168.13contracting, one from the metro area and one from greater Minnesota;
168.14(4) two members serving an initial term of three years shall be plumbing contractors
168.15or their representatives, engaged in the residential scope of plumbing contracting, one
168.16from the metro area and one from greater Minnesota;
168.17(5) two members serving an initial term of two years shall be plumbing
168.18journeypersons engaged in a commercial scope of plumbing systems installation, one
168.19from the metro area and one from greater Minnesota; and
168.20(6) two members serving an initial term of two years shall be plumbing
168.21journeypersons engaged in a residential scope of plumbing systems installation, one from
168.22the metro area and one from greater Minnesota.
168.23(b) Except for the licensed mechanical engineer, all persons appointed to the
168.24board must possess a current Minnesota plumbing license and maintain the license for
168.25the duration of their term.
168.26    Subd. 2. Powers. (a) The board shall have the power to:
168.27(1) elect its own officers;
168.28(2) specify the plumbing code that must be followed in this state;
168.29(3) maintain a review process to make determinations regarding any complaints,
168.30code amendments, code compliance, and code clarifications filed with the board;
168.31(4) adopt rules necessary for the regulation and licensing of contractors,
168.32journeypersons, apprentices, and other persons engaged in the design, installation,
168.33alteration, and inspection of plumbing systems that would include the issuing, renewing,
168.34revoking, refusing to renew, and suspending a plumbing license;
168.35(5) adopt rules necessary for continuing education for individuals regulated and
168.36licensed under this section; and
169.1(6) pay expenses deemed necessary in the performance of board duties, including
169.2rent, utilities, and supplies in the manner and amount specified in section 43A.18,
169.3subdivision 2.
169.4(b) Requests under the review process in paragraph (a), clause (3), may originate
169.5with the municipal inspectors, the plumbing contractors or their employees, and other
169.6persons engaged in the design, installation, and alteration of plumbing systems. The board
169.7shall make their findings known to all parties and the commissioner of labor and industry
169.8within the time period specified by the board.
169.9    Subd. 3. Fees and finances. The board shall submit an annual budget to the
169.10commissioner of labor and industry. The commissioner shall collect fees necessary for
169.11the operation and continuance of the board. The commissioner is responsible for the
169.12enforcement of the codes and licensing requirements determined by the board. The board
169.13shall set the fees for licenses and certification under this section. Fees collected under
169.14sections 326.42 and 326.47 shall be transferred to the board quarterly to meet the ongoing
169.15operation needs of the board.

169.16    Sec. 3. Minnesota Statutes 2006, section 326.38, is amended to read:
169.17326.38 LOCAL REGULATIONS.
169.18    Any city having a system of waterworks or sewerage, or any town in which reside
169.19over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
169.20airports commission, may, by ordinance, adopt local regulations providing for plumbing
169.21permits, bonds, approval of plans, and inspections of plumbing, which regulations are
169.22not in conflict with the plumbing standards on the same subject prescribed by the state
169.23commissioner of health. No city or such town shall prohibit plumbers licensed by the state
169.24commissioner of health from engaging in or working at the business, except cities and
169.25statutory cities which, prior to April 21, 1933, by ordinance required the licensing of
169.26plumbers. No city or town may require a license for persons performing building sewer
169.27or water service installation who have completed pipe laying training as prescribed by
169.28the commissioner of health. Any city by ordinance may prescribe regulations, reasonable
169.29standards, and inspections and grant permits to any person, firm, or corporation engaged
169.30in the business of installing water softeners, who is not licensed as a master plumber or
169.31journeyman plumber by the state commissioner of health, to connect water softening and
169.32water filtering equipment to private residence water distribution systems, where provision
169.33has been previously made therefor and openings left for that purpose or by use of cold
169.34water connections to a domestic water heater; where it is not necessary to rearrange, make
169.35any extension or alteration of, or addition to any pipe, fixture or plumbing connected with
170.1the water system except to connect the water softener, and provided the connections so
170.2made comply with minimum standards prescribed by the state commissioner of health.

170.3    Sec. 4. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
170.4    Subdivision 1. License required; master and journeyman plumbers. In any city
170.5now or hereafter having 5,000 or more population, according to the last federal census,
170.6and having a system of waterworks or sewerage, (a) No person, firm, or corporation shall
170.7engage in or work at the business of a master plumber or, restricted master plumber,
170.8journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
170.9state commissioner of health labor and industry. A license is not required for persons
170.10performing building sewer or water service installation who have completed pipe laying
170.11training as prescribed by the commissioner of labor and industry. A master plumber may
170.12also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
170.13master plumber. A journeyman plumber may also work as a restricted journeyman
170.14plumber. Anyone not so licensed may do plumbing work which complies with the
170.15provisions of the minimum standard prescribed by the state commissioner of health labor
170.16and industry on premises or that part of premises owned and actually occupied by the
170.17worker as a residence, unless otherwise forbidden to do so by a local ordinance.
170.18In any such city (b) No person, firm, or corporation shall engage in the business of
170.19installing plumbing nor install plumbing in connection with the dealing in and selling
170.20of plumbing material and supplies unless at all times a licensed master plumber, or in
170.21cities and towns with a population of fewer than 5,000 according to the federal census a
170.22restricted master plumber, who shall be responsible for proper installation, is in charge
170.23of the plumbing work of the person, firm, or corporation.
170.24The Department of Health Labor and Industry shall prescribe rules, not inconsistent
170.25herewith, for the examination and licensing of plumbers.

170.26    Sec. 5. [326.402] RESTRICTED PLUMBER LICENSE.
170.27    Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
170.28restricted journeyman or master plumber license to an individual if:
170.29    (1) the individual completes an application with information required by the
170.30commissioner of labor and industry;
170.31    (2) the completed application is accompanied by a fee of $90;
170.32    (3) the commissioner of labor and industry receives the completed application and
170.33fee before January 1, 2008;
170.34    (4) the completed application demonstrates that the applicant has had at least two
170.35years for a restricted journeyman plumber license or four years for a restricted master
171.1plumber license of practical plumbing experience in the plumbing trade prior to the
171.2application; and
171.3    (5) during the entire time for which the applicant is claiming experience in
171.4contracting for plumbing work under clause (4), the applicant was in compliance with all
171.5applicable requirements of section 326.40.
171.6    Subd. 2. Use of license. A restricted master plumber and restricted journeyman
171.7plumber may engage in the plumbing trade in all areas of the state except in cities and
171.8towns with a population of more than 5,000 according to the federal census.
171.9    Subd. 3. Application period. Applications for restricted master plumber and
171.10restricted journeyman plumber licenses must be submitted to the commissioner prior
171.11to January 1, 2008.
171.12    Subd. 4. Renewal; use period for license. A restricted master plumber and
171.13restricted journeyman plumber license must be renewed annually for as long as that
171.14licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
171.15restricted journeyman plumber license within 12 months after the expiration date will
171.16result in permanent forfeiture of the restricted master plumber and restricted journeyman
171.17plumber license.
171.18    Subd. 5. Prohibition of transference. A restricted master plumber and restricted
171.19journeyman plumber license may not be transferred or sold to any other person.
171.20    Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
171.21bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
171.22provided by section 326.40, subdivision 3, applies.
171.23    Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
171.24journeyman plumber licenses is the same fee as for a master or journeyman plumber
171.25license, respectively.

171.26    Sec. 6. Minnesota Statutes 2006, section 326.405, is amended to read:
171.27326.405 RECIPROCITY WITH OTHER STATES.
171.28The commissioner of health may license without examination, upon payment of the
171.29required fee, nonresident applicants who are licensed under the laws of a state having
171.30standards for licensing plumbers which the commissioner determines are substantially
171.31equivalent to the standards of this state if the other state grants similar privileges to
171.32Minnesota residents duly licensed in this state. The commissioner may issue a temporary
171.33license without examination, upon payment of the required fee, nonresident applicants
171.34who are licensed under the laws of a state having standards for licensing which the
172.1commissioner determines are substantially equivalent to the standards of this state if
172.2the other state grants similar privileges to Minnesota residents duly licensed in this
172.3state. Applicants who receive a temporary license under this section may acquire an
172.4aggregate of 24 months of experience before they have to apply and pass the licensing
172.5examination. Applicants must register with the commissioner of labor and industry and
172.6the commissioner shall set a fee for a temporary license. Applicants have five years in
172.7which to comply with this section.

172.8    Sec. 7. TRANSFER OF AUTHORITY.
172.9The authority of the commissioner of health to adopt rules and to set licensing
172.10criteria for contractors and master, journeyman, and apprentice plumbers is transferred to
172.11the Plumbing Board effective October 1, 2007. The governor must appoint members to
172.12the Plumbing Board no later than October 1, 2007. Licenses currently in effect remain in
172.13effect according to their terms. Rules adopted under authority granted to the commissioner
172.14of health remain in effect until amended or repealed by the Plumbing Board.

172.15    Sec. 8. REPEALER.
172.16Minnesota Statutes 2006, section 326.45, is repealed.

172.17ARTICLE 15
172.18BOARD OF CONSTRUCTION CODES

172.19    Section 1. Minnesota Statutes 2006, section 16B.76, is amended to read:
172.2016B.76 BOARD OF CONSTRUCTION CODES ADVISORY COUNCIL.
172.21    Subdivision 1. Membership. (a) The Board of Construction Codes Advisory
172.22Council consists of the following members:
172.23(1) the commissioner of administration labor and industry or the commissioner's
172.24designee representing the department's Building Codes and Standards Division; and
172.25(2) the commissioner of health or the commissioner's designee representing an
172.26Environmental Health Section of the department;
172.27(3) the commissioner of public safety or the commissioner's designee representing
172.28the department's State Fire Marshal Division;
172.29(4) the commissioner of commerce or the commissioner's designee representing
172.30the department's State Energy Office; and
172.31(5) one member representing each of the following occupations or entities, appointed
172.32by the commissioner of administration the Department of Labor and Industry:
172.33(i) a certified building official;
172.34(ii) a fire service representative;
172.35(iii) a licensed architect;
172.36(iv) a licensed engineer;
173.1(v) a building owners and managers representative;
173.2(vi) (v) a licensed residential building contractor;
173.3(vii) (vi) a commercial building contractor;
173.4(viii) (vii) a heating and ventilation contractor;
173.5(ix) (viii) a plumbing contractor; and
173.6(ix) an electrical contractor.
173.7(x) a representative of a construction and building trades union; and
173.8(xi) a local unit of government representative.
173.9(b) For members who are not state officials or employees, terms, compensation,
173.10removal, and the filling of vacancies are governed by section 15.059. The chairperson of
173.11the Board of Construction Codes will be the commissioner of the Department of Labor
173.12and Industry or the commissioner's designee as a nonvoting member. The council board
173.13shall select one of its members to serve as chair.
173.14(c) The council board expires June 30, 2003.
173.15    Subd. 2. Duties of council board. (a) The council board shall review laws, codes,
173.16rules, standards, and licensing requirements relating to building construction and may:
173.17(1) recommend ways to eliminate inconsistencies, to streamline construction
173.18regulation and construction processes, and to improve procedures within and among
173.19jurisdictions;
173.20(2) review and comment on current and proposed laws and rules to promote
173.21coordination and consistency;
173.22(3) advise agencies on possible changes in rules to make them easier to understand
173.23and apply; and
173.24(4) promote the coordination, within each jurisdiction, of the administration and
173.25enforcement of construction codes.
173.26The council shall report its findings and recommendations to the commissioner of
173.27administration and the head of any other affected agency by the end of each calendar year.
173.28The council may recommend changes in laws or rules governing building construction.
173.29The council may establish subcommittees to facilitate its work. If the council establishes
173.30subcommittees, it shall include in their memberships representation from entities and
173.31organizations expressing an interest in membership. The commissioner of administration
173.32shall maintain a list of interested entities and organizations.
173.33(1) recommend ways to eliminate inconsistencies and improve construction
173.34regulation and procedures within and among jurisdictions;
173.35(2) review current and proposed laws and rules from the established trade councils
173.36and boards to promote coordination and consistency;
174.1(3) propose rules to require 16 hours of annual continuing education in the field;
174.2(4) advise state agencies on possible changes in rules to make them easier to
174.3understand and apply; and
174.4(5) promote the coordination of the administration and enforcement of construction
174.5codes within each jurisdiction.
174.6(b) The board shall meet a minimum of four times each year. The board shall report
174.7its findings and recommendations to the commissioner of administration. The board
174.8shall forward all approved changes in laws or rules governing building construction to
174.9the commissioner of administration for final action. All rule additions, amendments, or
174.10deletions shall be approved by the specific trade council or board first, and then forwarded
174.11to the Board of Construction Codes for approval, before the commissioner issues final
174.12approval. The board shall use the following established trade councils or boards for
174.13technical expertise:
174.14(1) the Plumbing Board;
174.15(2) the Electrical Board;
174.16(3) the Mechanical Board;
174.17(4) the High Pressure Piping Board; and
174.18(5) the Fire Protection Board.
174.19    Subd. 3. Agency cooperation. State agencies and local governmental units shall
174.20cooperate with the council board and, so far as possible, provide information or assistance
174.21to it upon its request. The commissioner of administration shall provide necessary staff
174.22and administrative support to the council board.

174.23ARTICLE 16
174.24FIRE PROTECTION COUNCIL; ADVISORY COUNCIL

174.25    Section 1. [326.995] FIRE PROTECTION COUNCIL.
174.26    Subdivision 1. Composition. (a) The Fire Protection Council shall consist of 11
174.27voting members who must be residents of the state, appointed by the governor, and
174.28confirmed by the senate. The commissioner of labor and industry or the commissioner's
174.29designee shall be a nonvoting member. The first appointed board members shall serve
174.30an initial term of four years, except where designated otherwise. The governor shall
174.31then reappoint the current members or appoint replacement members, all or in part, to
174.32subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
174.33of the term. Vacancies occurring with less than six months time remaining in the term
174.34shall be filled for the existing term and the following three-year term. Of the 11 appointed
174.35members, the composition shall be as follows:
174.36(1) two members shall be municipal fire protection inspectors;
175.1(2) one member shall be a licensed mechanical engineer;
175.2(3) two members, one from the metro area and one from greater Minnesota, serving
175.3an initial term of three years shall be fire protection contractors or their representatives
175.4engaged in a commercial scope of fire protection contracting;
175.5(4) two members, one from the metro area and one from greater Minnesota, serving
175.6an initial term of three years shall be fire protection contractors engaged in the residential
175.7scope of fire protection contracting;
175.8(5) two members, one from the metro area and one from greater Minnesota,
175.9serving an initial term of two years shall be fire protection journeypersons engaged in a
175.10commercial scope of fire protection systems installation; and
175.11(6) two members, one active member of the Minnesota State Fire Chiefs Association
175.12and one active member from the Fire Marshals Association of Minnesota, serving an
175.13initial term of two years.
175.14(b) Except for the licensed mechanical engineer, all persons appointed to the council
175.15must possess a current Minnesota fire protection license and maintain the license for
175.16the duration of their term.
175.17    Subd. 2. Powers. (a) The council shall have the power to:
175.18(1) elect its own officers;
175.19(2) specify the fire protection code that must be followed in this state;
175.20(3) coordinate any changes to the fire protection code with the commissioner of
175.21labor and industry;
175.22(4) adopt rules necessary for the regulation and licensing of contractors,
175.23journeypersons, apprentices, and other persons engaged in the design, installation,
175.24alteration, and inspection of fire protection systems that would include the issuing,
175.25renewing, revoking, refusing to renew, and suspending of the fire protection license;
175.26(5) adopt rules necessary for continuing education for individuals regulated and
175.27licensed under this section;
175.28(6) maintain a review process to make determinations regarding complaints, code
175.29amendments, code compliance, and code clarifications with the council; and
175.30(7) pay expenses deemed necessary in the performance of council duties, including
175.31rent, utilities, and supplies in the manner and amount specified in section 43A.18,
175.32subdivision 2.
175.33(b) Complaints filed under this section may originate with municipal inspectors,
175.34fire protection contractors or their employees, or other persons engaged in the design,
175.35installation, and alteration of fire protection systems. The council shall make their findings
176.1known to all parties and the commissioner of public safety within the time period specified
176.2by the council.
176.3    Subd. 3. Fees and finances. The council shall submit an annual budget to the
176.4commissioner of labor and industry. The commissioner of labor and industry shall collect
176.5fees necessary for the operation and continuance of the council. The commissioner
176.6of labor and industry is responsible for the enforcement of the codes and licensing
176.7requirements determined by the council. The council shall set the fees for licenses and
176.8certification under this section and submit the fee structure to the commissioner of labor
176.9and industry. A portion of the funds collected by the commissioner of labor and industry
176.10under this section shall be transferred to the council quarterly to meet the ongoing
176.11budgetary needs of the council.
176.12    Subd. 4. Rules, fees, orders, penalties. The commissioner shall adopt permanent
176.13rules for operation of the board; regulation by municipalities; qualifications, examination,
176.14and licensing of fire protection contractors; licensing of multipurpose potable water
176.15piping system contractors; certification of multipurpose potable water piping system
176.16installers; certification of journeyman sprinkler fitters; registration of apprentices; and the
176.17administration and enforcement of this chapter. Permit fees must be a percentage of
176.18the total cost of the fire protection work.
176.19The commissioner may issue a cease and desist order to cease an activity considered
176.20an immediate risk to public health or public safety. The commissioner shall adopt
176.21permanent rules governing when an order may be issued; how long the order is effective;
176.22notice requirements; and other procedures and requirements necessary to implement,
176.23administer, and enforce the provisions of this chapter.
176.24The commissioner, in place of or in addition to licensing sanctions allowed under
176.25this chapter, may impose a civil penalty not greater than $1,000 for each violation of this
176.26chapter or rule adopted under this chapter, for each day of violation. The commissioner
176.27shall adopt permanent rules governing and establishing procedures for implementation,
176.28administration, and enforcement of this paragraph.

176.29    Sec. 2. REPEALER.
176.30Minnesota Statutes 2006, section 299M.02, is repealed.

176.31ARTICLE 17
176.32HIGH PRESSURE PIPING BOARD

176.33    Section 1. [326.471] HIGH PRESSURE PIPING SYSTEMS BOARD.
176.34    Subdivision 1. Composition. (a) The Council of High Pressure Piping Systems
176.35shall consist of 12 members who must be residents of the state, appointed by the governor,
177.1and confirmed by the senate. The commissioner of the Department of Labor and Industry
177.2or the commissioner's designee shall be a nonvoting member. The first appointed board
177.3members shall serve an initial term of four years, except where designated otherwise. The
177.4governor shall then reappoint the current members or appoint replacement members, all or
177.5in part, to subsequent three-year terms. Midterm vacancies shall be filled for the remaining
177.6portion of the term. Vacancies occurring with less than six months time remaining in the
177.7term shall be filled for the existing term and the following three-year term. Of the 11
177.8appointed members, the composition shall be as follows:
177.9(1) one member shall be a high pressure piping inspector;
177.10(2) one member shall be a licensed mechanical engineer;
177.11(3) one member shall be a representative of the piping industry;
177.12(4) four members shall be high pressure piping contractors or their representatives,
177.13engaged in the scope of high pressure piping, two from the metro area and two from
177.14greater Minnesota;
177.15(5) two members shall be high pressure piping journeypersons engaged in the scope
177.16of high pressure piping systems installation, one from the metro area and one from greater
177.17Minnesota; and
177.18(6) two members, on urban and one rural, shall be representatives from utility
177.19companies in Minnesota who shall serve an initial term of two years.
177.20    (b) Except for the licensed mechanical engineer and the members from utilities
177.21companies, all persons appointed to the council must possess a current license or
177.22competency credential required for contractors and persons engaged in the design,
177.23installation, alteration, and inspection of high pressure systems.
177.24    Subd. 2. Powers. (a) The council shall have the power to:
177.25(1) elect its own officers;
177.26(2) specify the high pressure piping code that must be followed in Minnesota;
177.27(3) maintain an appeals committee to make determinations regarding any complaints,
177.28code amendments, code compliance, and code clarifications filed with the council;
177.29(4) adopt rules necessary for the regulation and licensing of contractors,
177.30journeypersons, trainees, and other persons engaged in the design, installation, alteration,
177.31and inspection of high pressure piping systems;
177.32(5) adopt rules necessary for 16 hours of yearly continuing education for individuals
177.33regulated and licensed under this section; and
177.34(6) pay expenses deemed necessary in the performance of council duties, including
177.35rent, utilities, and supplies in the manner and amount specified in section 43A.18,
177.36subdivision 2.
178.1    (b) Complaints filed under this section may originate with high pressure piping
178.2inspectors, contractors, or their employees, or other persons engaged in the design,
178.3installation, and alteration of a high pressure piping system. The council shall make
178.4their findings known to all parties and the commissioner of the Department of Labor and
178.5Industry within the time period specified by the council.
178.6    Subd. 3. Fee and finances. The council shall submit an annual budget to the
178.7commissioner of the Department of Labor and Industry. The commissioner shall collect
178.8fees necessary for the operation and continuance of the council. The commissioner
178.9is responsible for the enforcement of the codes and licensing requirements determined
178.10by the council. The council shall set the fees for licenses and certification under this
178.11section and for all high pressure piping system permits and submit the fee structure to
178.12the commissioner of labor and industry. Funds collected under section 326.50 shall be
178.13transferred to the council quarterly to meet ongoing budgetary needs of the council.

178.14    Sec. 2. REPEALER.
178.15Minnesota Statutes 2006, section 326.47, subdivision 6, is repealed.

178.16ARTICLE 18
178.17BUILDING AND STRUCTURAL CODE BOARD

178.18    Section 1. [326.522] BUILDING AND STRUCTURAL CODE BOARD.
178.19    Subdivision 1. Composition. (a) The Building and Structural Code Board shall
178.20consist of 11 voting members who must be residents of the state and appointed by the
178.21governor with confirmation by the senate. The board shall also include one nonvoting
178.22representative from the Department of Labor and Industry. The first board members shall
178.23serve an initial term of four years, except where designated otherwise. The governor shall
178.24then reappoint the current members or appoint replacement members, all or in part, to
178.25subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
178.26of the term. Vacancies occurring with less than six months time remaining in the term
178.27shall be filled for the existing term and the following three-year term. Of the 11 appointed
178.28members, the composition shall be as follows:
178.29(1) two members shall be municipal building inspectors who will serve an initial
178.30term of four years;
178.31(2) one member shall be a licensed qualified engineer;
178.32(3) four members serving an initial term of three years shall be construction or
178.33carpentry contractors or their representatives, and shall be composed as follows:
178.34(i) two must be general construction or general contractors engaged in a commercial
178.35scope of construction or carpentry contracting, one from the metro area and one from
178.36greater Minnesota;
179.1(ii) one shall be a general contractor;
179.2(iii) one shall be a construction or carpentry subcontractor; and
179.3(iv) of the four members specified in clauses (i) to (iii), one shall be a carpentry
179.4contractor; and
179.5(4) four members serving an initial term of two years shall be construction
179.6journeypersons and shall be composed as follows:
179.7(i) two shall be construction journeypersons engaged in a commercial scope of
179.8construction, one from the metro area and one from greater Minnesota;
179.9(ii) one shall be an employee of a general contractor; and
179.10(iii) one shall be an employee of a construction subcontractor.
179.11(b) All persons appointed to the council must possess a current license or
179.12competency credential if required for contractors and persons engaged in the design,
179.13installation, alteration, and inspection of all aspects of residential, commercial, industrial,
179.14and public construction.
179.15    Subd. 2. Powers. (a) The board shall have the power to:
179.16(1) elect its own officers;
179.17(2) except for plumbing codes, electrical codes, mechanical codes, high-pressure
179.18piping codes, and fire protection codes, the board, with consultation with the commissioner
179.19of the Department of Labor and Industry, shall specify building codes that must be
179.20followed in this state;
179.21(3) maintain an appeals committee to make determinations regarding any complaints,
179.22code amendments, code compliance and code clarifications filed with the board;
179.23(4) adopt rules necessary for the regulation and licensing of inspectors, contractors,
179.24journeypersons, apprentices, and all persons engaged in the design, installation, alteration,
179.25and inspection of all aspects of residential, commercial, industrial, and public construction
179.26or carpentry including, but not limited to:
179.27(i) any structural, load or nonload bearing component;
179.28(ii) any insulation;
179.29(iii) air or water barriers;
179.30(iv) exterior or interior cladding; or
179.31(v) any partial or total envelope;
179.32(5) adopt rules necessary for 16 hours of yearly continuing education for individuals
179.33regulated and licensed under this section; and
179.34(6) pay expenses deemed necessary in the performance of board duties, including
179.35rent, utilities, and supplies in the manner and amount specified in section 43A.18,
179.36subdivision 2.
180.1(b) Complaints under this section may originate with municipal inspectors,
180.2construction contractors or their employees, or other persons engaged in the design,
180.3installation, alteration, and inspection of building and structural construction. The board
180.4must make their findings known to all parties and the commissioner within the time period
180.5specified by the council.
180.6    Subd. 3. Fees and finances. The council shall submit an annual budget to the
180.7commissioner of labor and industry. The commissioner shall set and collect fees necessary
180.8for the operation and continuance of the council and transfer the funds to the board
180.9quarterly. The commissioner is responsible for the enforcement of the codes and licensing
180.10requirements determined by the council. The commissioner shall set the fees for licenses
180.11and certification under this section as directed by the council and for all construction and
180.12carpentry permits.

180.13ARTICLE 19
180.14MECHANICAL SYSTEMS BOARD

180.15    Section 1. [326.531] MECHANICAL SYSTEMS BOARD.
180.16    Subdivision 1. Composition. The Mechanical Systems Board shall consist of 11
180.17members, residents of the state, appointed by the governor, and confirmed by the senate
180.18and the commissioner of the Department of Labor and Industry or his designee shall be
180.19a nonvoting member. The members shall be as follows:
180.20 (1) two members shall be municipal mechanical inspectors; one from the
180.21seven-county metro area and one from greater Minnesota; and one a licensed mechanical
180.22or professional engineer;
180.23(2) two members serving an initial term of three years shall be mechanical
180.24contractors or the representative of the contractor, engaged in a commercial scope of
180.25mechanical systems, one from the metro area and one from greater Minnesota;
180.26(3) two members serving an initial term of three years shall be mechanical
180.27contractors or their representatives, engaged in the residential scope of mechanical
180.28contracting, one from the metro area and one from greater Minnesota;
180.29(4) two members serving an initial term of two years shall be mechanical
180.30journeypersons engaged in a commercial scope of mechanical systems installation, one
180.31from the metro area and one from greater Minnesota; and
180.32(5) two members serving an initial term of two years shall be mechanical
180.33journeypersons engaged in a residential scope of mechanical systems installation, one
180.34from the metro area and one from greater Minnesota.
180.35The municipal mechanical inspector representing the seven-county metro area,
180.36the limited license representatives of section 326.532, subdivisions 5 and 7, and the
181.1unlimited license representative of section 326.532, subdivision 6, shall serve an initial
181.2term of three years.
181.3The municipal mechanical inspector representing the greater Minnesota area, the
181.4limited license representatives of section 326.532, subdivision 6, and the unlimited
181.5license representatives of section 326.532, subdivisions 4 and 5, shall serve an initial
181.6term of four years.
181.7These members or replacement members, all or in part, shall be appointed by the
181.8governor and confirmed by the senate, to subsequent three-year terms.
181.9Midterm vacancies shall be filled by the governor for the remaining portion of
181.10the term.
181.11The meaning of the terms "masters and journeypersons" shall be as prescribed
181.12in section 326.532.
181.13    Subd. 2. Powers. (1) The board shall elect its officers.
181.14(2) The board shall select the mechanical and fuel gas codes for Minnesota. The
181.15selection of mechanical and fuel gas codes shall include a comprehensive review of
181.16available model codes, the approval of all additions, amendments, and deletions to these
181.17codes. The board shall coordinate the adoption of the mechanical and fuel gas codes with
181.18the commissioner of the Department of Labor and Industry.
181.19(3) The board shall maintain an appeals committee to make determinations regarding
181.20any complaints, code amendments, code compliance, and code clarifications filed with
181.21the board. These complaints may originate with the municipal inspectors and/or the
181.22mechanical contractors or their employees and all other persons engaged in the design,
181.23installation, alteration, and inspection of a mechanical system or those that have purchased
181.24such services or systems. The board shall make their findings known to all parties and the
181.25commissioner of the Department of Labor and Industry within a period of time specified
181.26by the board.
181.27(4) The board shall have the authority to adopt rules necessary for the regulation
181.28of inspectors, contractors, journeypersons, apprentices, and all other persons engaged
181.29in the design, installation, alteration, and inspection of mechanical systems utilized to
181.30provide control of environmental conditions and regulated processes within buildings or
181.31regulated by the mechanical and fuel gas codes adopted. Except for cities of the first class,
181.32municipalities shall not create additional licensing requirements for performing work on
181.33mechanical systems regulated by the State Mechanical and Fuel Gas Codes.
181.34(5) The board shall have the authority to adopt rules to determine the level of
181.35continuing education for inspectors and licensed individuals.
182.1(6) All persons appointed to the board shall have five years of experience in the field
182.2or possess a current license required for contractors or persons engaged in the design,
182.3installation, alteration, and inspection of mechanical systems in effect at the time of their
182.4appointment except for the mechanical engineer and the commissioner or his designee.
182.5(7) Pay such other expenses as it may deem necessary in the performance of
182.6its duties, including rent, supplies in the manner and amount as authorized by the
182.7commissioner's plan adopted under section 43A.18, subdivision 2.
182.8    Subd. 3. Fees and finances; disposition. The board shall submit a budget to the
182.9commissioner of the Department of Labor and Industry annually. The commissioner of
182.10the Department of Labor and Industry shall collect fees as necessary for the operation
182.11and continuance of the board. The commissioner of the Department of Labor and
182.12Industry shall be responsible for the enforcement of the codes and licensing requirements
182.13prescribed by the board. The board shall set fees for licenses of mechanical systems
182.14contractors and persons engaged in the design, installation, alteration, and inspection of
182.15mechanical systems as directed by the board and for all mechanical systems permits.

182.16ARTICLE 20
182.17REPEALER; EFFECTIVE DATE

182.18    Section 1. REPEALER.
182.19(a) Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001;
182.20183.02; 183.375, subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44,
182.21subdivisions 1, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and
182.226; 326.01, subdivisions 6h, 10, 11, and 12; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f,
182.239g, 9h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision
182.244; 326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12,
182.25and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and
182.26327B.05, subdivisions 2, 3, 4, 5, and 6, are repealed.
182.27(b) Minnesota Statutes 2006, sections 183.375, subdivision 5; 183.545, subdivision
182.289; 326.01, subdivision 13; 326.44; 326.52; and 326.64, are repealed.
182.29(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650;
182.303800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900;
182.314717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and
182.329; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts
182.331, 3, and 4, are repealed.
182.34EFFECTIVE DATE.Paragraphs (a) and (c) are effective December 1, 2007.
182.35Paragraph (b) is effective July 1, 2007.

183.1    Sec. 2. EFFECTIVE DATE.
183.2    This act is effective December 1, 2007, except when another date is specified. The
183.3revisor's instructions contained in this act shall be implemented for the 2008 edition of
183.4Minnesota Statutes."
183.5Correct the title numbers accordingly