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


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.


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.


4.26    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.


16.13    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 advisory committee
17.27establish a code of standards for the construction, reconstruction, alteration, and repair
17.28of buildings, governing matters of structural materials, design and construction, fire
17.29protection, health, sanitation, and safety, including design and construction standards
17.30regarding heat loss control, illumination, and climate control. The code must also include
17.31duties and 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, Mechanical
25.20Systems Council, Plumbing Council, Board of Construction, Building and Structural
25.21Code Council, Fire Protection Council, and Council of High Pressure Piping Systems.
25.22A final interpretative committee composed of seven members, consisting of three
25.23building officials, two inspectors from the affected field, and two construction industry
25.24representatives, shall review requests for final interpretations relating to that field. A
25.25request for final interpretation must come from a local or state level building code
25.26board of appeals. The state building official must establish procedures for membership
25.27of the interpretative committees. The appropriate committee shall review the request
25.28and 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

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 ADVISORY COUNCIL.
54.17    Subdivision 1. Composition. The Electrical Advisory Council shall consist of 11
54.18members who are residents of the state and appointed by the commissioner. Two shall
54.19be representatives of the electrical suppliers in the rural areas of the state, two shall be
54.20master electricians who are contractors, two journeyman electricians, one a registered
54.21consulting electrical engineer, two power-limited technicians who shall be technology
54.22system contractors primarily engaged in the business of installing technology circuits
54.23or systems, and two public members as defined by section 214.02. Individuals serving
54.24upon enactment shall continue to serve their terms and in the position to which they were
54.25appointed. The department shall make provisions for staff, administrative services, and
54.26office space as necessary for council operations determined by the advisory council.
54.27    Subd. 2. Organization. (a) The advisory council shall be organized and
54.28administered according to section 15.059, except that, notwithstanding any other law
54.29to the contrary, the advisory council shall not expire. The advisory council shall form
54.30a complaint committee, a technical committee, a program committee, and any other
54.31committee deemed appropriate by the advisory council. Each committee, except for the
54.32complaint committee, shall refer matters to the full advisory council.
54.33(b) The complaint committee shall consist of three members of the advisory
54.34council plus one department employee designated by the commissioner. The department
54.35employee shall be a nonvoting member of the committee. The commissioner shall refer all
55.1complaints filed with or information received by the commissioner alleging or indicating
55.2violation of sections 326.241 to 326.248 to the Electrical Advisory council. The complaint
55.3committee may render advice to the commissioner or, at its discretion, refer matters to
55.4the full advisory council for its determination as to advice to the commissioner. The full
55.5advisory council shall give advice to the commissioner on matters of its choosing or on
55.6matters requested by the commissioner. The commissioner shall give a quarterly review of
55.7all complaints, the complaint status, and the processing time to the complaint committee,
55.8in a format determined by the complaint committee.
55.9(c) The technical committee shall consist of three members of the advisory council
55.10plus one department employee designated by the commissioner. The department employee
55.11shall be a nonvoting member of the committee. The technical committee shall, at the
55.12request of the commissioner or on its own motion, advise the commissioner regarding
55.13technical, matters including electrical code issues, licensing issues, and licensing
55.14examinations.
55.15(d) The program committee shall consist of three members of the advisory council
55.16plus one department employee designated by the commissioner. The department employee
55.17shall be a nonvoting member of the committee. The program committee shall, at the
55.18request of the commissioner or on its own motion, advise the commissioner on matters it
55.19has reviewed, including experience credits.
55.20    Subd. 3. Powers. The advisory council shall have power to:
55.21(1) elect its own officers;
55.22(2) select from its members individuals to serve on any other state advisory councils,
55.23boards, or committees;
55.24(3) incur costs and expenses deemed necessary in the performance of its duties,
55.25which shall be paid by the department;
55.26(4) meet at least quarterly but may meet more frequently in regular or special
55.27meetings deemed necessary or at the request of the commissioner;
55.28(5) establish the required committees and any others deemed necessary or requested
55.29by the commissioner; and
55.30(6) advise the commissioner on issues related to sections 326.241 to 326.248 or as
55.31requested by the commissioner.

55.32    Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read:
55.33326.242 LICENSES.
55.34    Subdivision 1. Master electrician. Except as otherwise provided by law, no person
55.35individual shall install, alter, repair, plan, lay out, or supervise the installing, altering, or
55.36repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other
56.1purposes perform or supervise electrical work unless the person individual is: (a) licensed
56.2by the board as a master electrician; and (b)(i) the electrical work is for a licensed
56.3contractor and the person individual is an employee, partner, or officer of, or is the licensed
56.4contractor, or (ii) the electrical work is performed for the person's individual's employer
56.5on electric electrical wiring, apparatus, equipment, or facilities that are owned or leased by
56.6the employer which is and that are located within the limits of property which is operated,
56.7maintained, and either owned or leased and operated and maintained by the employer.
56.8    (1) An applicant for a Class A master electrician's electrician license shall (a) be a
56.9graduate of a four-year electrical course in offered by an accredited college or university;
56.10or (b) shall have had at least one year's year of experience, acceptable to the board, as a
56.11licensed journeyman; or (c) shall have had at least five years' experience, acceptable to
56.12the board, in planning for, laying out, supervising and installing wiring, apparatus, or
56.13equipment for electrical light, heat and power.
56.14    (2) As of August 1, 1985, no new Class B master electrician's electrician licenses
56.15shall be issued. An individual who has a Class B master electrician's electrician license as
56.16of August 1, 1985, may retain and renew the license and exercise the privileges it grants,
56.17which include electrical work limited to single phase systems, not over 200 amperes in
56.18capacity, on farmsteads or single-family dwellings located in towns or municipalities
56.19with fewer than 2,500 inhabitants.
56.20    Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law, no
56.21person individual shall install, alter, repair, or supervise the installing, altering, or repairing
56.22of electrical wiring, apparatus, or equipment for electrical light, heat, power, technology
56.23circuits or systems, or other purposes unless:
56.24    (1) the person individual is licensed by the board as a journeyman electrician; and
56.25    (2) the electrical work is:
56.26    (i) for a contractor and the person individual is an employee, partner, or officer of
56.27the licensed contractor; or
56.28    (ii) performed under the supervision of a master electrician also employed by the
56.29person's individual's employer on electrical wiring, apparatus, equipment, or facilities
56.30that are owned or leased by the employer and that is are located within the limits of
56.31property operated, maintained, and either owned or leased, operated, and maintained by
56.32the employer.
56.33    (b) An applicant for a Class A journeyman electrician's electrician license shall have
56.34had at least four years of experience as a registered apprentice or an unlicensed individual,
56.35acceptable to the board, in wiring for, installing, and repairing electrical wiring, apparatus,
56.36or equipment, provided however, that the board may by rule provide for the allowance of
57.1allow one year of experience credit for the successful completion of a two-year post high
57.2school electrical course approved by the board.
57.3    (c) As of August 1, 1985, no new Class B journeyman electrician's electrician
57.4licenses shall be issued. An individual who holds a Class B journeyman electrician's
57.5electrician license as of August 1, 1985, may retain and renew the license and exercise the
57.6privileges it grants, which include electrical work limited to single phase systems, not over
57.7200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or
57.8municipalities with fewer than 2,500 inhabitants.
57.9    Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and
57.106, any person individual holding a Class A installer license may lay out and install and
57.11supervise the laying out and installing of electrical wiring, apparatus, or equipment for
57.12major electrical home appliances on the load side of the main service on farmsteads and in
57.13any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to
57.14a city of the first class and does not contain an established business of a contractor. No
57.15new Class A installer licenses shall be issued after December 1, 2007. An individual
57.16who holds a Class A installer license as of December 1, 2007, may retain and renew the
57.17license and exercise the privileges it grants.
57.18    Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions 1, 2
57.19and 6, any person individual holding a Class B installer license may lay out and install
57.20electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
57.21side of the main service on farmsteads, and install such other electrical equipment as is
57.22determined approved by the board.
57.23    Subd. 3b. Coursework or experience. An applicant for a Class A or B installer
57.24license shall have completed a post high school course in electricity acceptable to
57.25approved by the board or shall have had at least one year's year of experience, acceptable
57.26to approved by the board, in electrical wiring.
57.27    Subd. 3c. Bond. Every Class A and Class B installer, as a condition of licensure,
57.28shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
57.29performance of all work contracted for or entered upon by the installer within the state of
57.30Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
57.31loss by reason of failure of such performance. Such bond shall be in lieu of all other
57.32license bonds to any political subdivision of the state. Such bond shall be written by a
57.33corporate surety licensed to do business in the state of Minnesota.
57.34    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law,
57.35no person individual shall install, alter, repair, plan, lay out, or supervise the installing,
58.1altering, or repairing, planning, or laying out of electrical wiring, apparatus, or equipment
58.2for technology circuits or systems unless:
58.3    (1) the person individual is licensed by the board commissioner as a power limited
58.4technician; and
58.5    (2) the electrical work is:
58.6    (i) for a licensed contractor and the person individual is an employee, partner, or
58.7officer of, or is the licensed contractor; or
58.8    (ii) performed under the supervision of a master electrician or power limited
58.9technician also employed by the person's individual's employer on technology circuits,
58.10systems, apparatus, equipment, or facilities that are owned or leased by the employer and
58.11that are located within the limits of property operated, maintained, and either owned or
58.12leased, operated, and maintained by the employer.
58.13    (b) An applicant for a power limited technician's license shall (1) be a graduate
58.14of a four-year electrical course in offered by an accredited college or university; or (2)
58.15have had at least 36 months' experience, acceptable to the board, in planning for, laying
58.16out, supervising, and installing, altering, and repairing wiring, apparatus, or equipment
58.17for power limited systems, provided however, that the board may by rule provide for the
58.18allowance of up to 12 months (2,000 hours) of experience credit for successful completion
58.19of a two-year post high school electrical course or other technical training approved by
58.20the board.
58.21    (c) The board may initially set experience requirements without rulemaking, but
58.22must adopt rules before July 1, 2004.
58.23    (d) Licensees must attain eight hours of continuing education acceptable to the
58.24board every renewal period.
58.25    (e) A person who has submitted an application by June 30, 2003, to take the alarm
58.26and communications examination administered by the board, and who has achieved a
58.27minimal score of 70 percent on the examination by September 30, 2003, may obtain a
58.28power limited technician license without further examination by submitting an application
58.29and a license fee of $30.
58.30    (f) (c) A company holding an alarm and communication license as of June 30, 2003,
58.31may designate one person individual who may obtain a power limited technician license
58.32without passing an examination administered by the board commissioner by submitting an
58.33application and license fee of $30.
58.34    (g) A person who has submitted an application by September 30, 2005, to take the
58.35power limited technician examination administered by the board is not required to meet
58.36the qualifications set forth in paragraph (b).
59.1    Subd. 4. Special electrician. Notwithstanding the provisions of subdivisions 1, 2,
59.26, and 7, the board may by rule provide for the issuance of special electrician licenses
59.3empowering the licensee to engage in a limited class or classes of electrical work, which
59.4class or classes shall be specified on the license certificate. Each licensee shall have had
59.5at least two years of experience, acceptable to the board, in each such limited class of
59.6work for which the licensee is licensed.
59.7    Subd. 5. Unlicensed persons individuals. (a) An unlicensed person individual
59.8means an individual who has not been licensed by the Board of Electricity as a Class A
59.9master electrician, a Class A journeyman electrician, or registered with the department
59.10in an approved apprenticeship program. An unlicensed individual shall not perform
59.11electrical work unless the individual has first registered with the Board of Electricity as an
59.12unlicensed individual. Thereafter, an unlicensed individual shall not perform electrical
59.13work unless the work is performed under the personal direct supervision of a person an
59.14individual actually licensed to perform such work and. The licensed electrician individual
59.15and unlicensed persons are individual must be employed by the same employer. Licensed
59.16persons individuals shall not permit unlicensed persons individuals to perform electrical
59.17work except under the personal direct supervision of a person an individual actually
59.18licensed to perform such work. Unlicensed persons individuals shall not supervise the
59.19performance of electrical work or make assignments of electrical work to unlicensed
59.20persons individuals. Except for technology circuit or system work, each licensed persons
59.21individual shall supervise no more than two one unlicensed persons individual. For
59.22technology circuit or system work, each licensed persons individual shall supervise no
59.23more than three unlicensed persons individuals.
59.24    (b) Notwithstanding any other provision of this section, no person individual other
59.25than a licensed master electrician or licensed power limited technician shall plan or lay out
59.26electrical wiring, apparatus, or equipment for light, heat, power, or other purposes, except
59.27circuits or systems 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. As a condition of licensing, each contractor shall give
60.11and maintain bond to the state in the penal sum of $5,000 $25,000 conditioned upon the
60.12faithful and lawful performance of all work entered upon contracted for or performed
60.13by the contractor within the state of Minnesota and such bond shall be for the benefit
60.14of persons injured or suffering financial loss by reason of failure of such performance.
60.15The bond shall be filed with the board and shall be in lieu of all other license bonds to
60.16any other political subdivision. Such bond shall be written by a corporate surety licensed
60.17to do business in the state of Minnesota.
60.18    Subd. 6b. Insurance required. Each contractor shall have and maintain in effect
60.19general liability insurance, which includes premises and operations insurance and products
60.20and completed operations insurance, with limits of at least $100,000 per occurrence,
60.21$300,000 aggregate limit for bodily injury, and property damage insurance with limits
60.22of at least $25,000 $50,000 or a policy with a single limit for bodily injury and property
60.23damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
60.24shall be written by an insurer licensed to do business in the state of Minnesota and each
60.25contractor shall maintain on file with the board a certificate evidencing such insurance
60.26which provides that such insurance shall not be canceled without the insurer first giving
60.2715 days written notice to the board of such cancellation.
60.28    Subd. 6c. Employment of master electrician or power limited technician. (a) No
60.29contractor shall engage in business of electrical contracting unless the contractor employs
60.30a licensed Class A master or Class B Each contractor must designate a responsible master
60.31electrician, or power limited technician, who shall be responsible for the performance of
60.32all electrical work in accordance with the requirements of sections 326.241 to 326.248 or
60.33any rule or order adopted or issued under these sections. The classes of work for which
60.34the that a licensed contractor is authorized to perform shall be limited to those for which
60.35such Class A master electrician, Class B master electrician, or power limited technician
61.1employed by the contractor the classes of work that the responsible master electrician or
61.2power limited 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
61.11any capacity as a licensed electrician or licensed technician by any other contractor or
61.12employer designated in subdivision 12.
61.13    (c) All applications and renewals for contractor's contractor licenses and all renewals
61.14shall include a verified statement that the applicant or licensee has complied with this
61.15subdivision.
61.16    Subd. 7. Examination. In addition to the other requirements imposed herein
61.17described in this section and except as herein otherwise provided in subdivision 11, as
61.18a precondition to issuance of a personal license, each applicant must pass a written or
61.19oral examination given developed by the board to insure ensure the competence of each
61.20applicant for license. An oral examination shall be administered only to an applicant who
61.21furnishes a written statement from a certified teacher or other professional, trained in
61.22the area of reading disabilities stating that the applicant has a specific reading disability
61.23which would prevent the applicant from performing satisfactorily on a written test. The
61.24oral examination shall be structured so that an applicant who passes the examination will
61.25not impair the applicant's own safety or that of others while acting as a licensed person
61.26individual. No person individual failing an examination may retake it for six months
61.27thereafter, but within such six months the person individual may take an examination for a
61.28lesser grade of license. Any licensee individual failing to renew a personal license for two
61.29years or more after its expiration, and any licensee whose personal license is revoked under
61.30this chapter, shall be required to retake the examination before being issued a new license.
61.31An individual whose personal license is revoked under any other chapter is not required to
61.32retake the examination before being issued a new license, unless the personal license was
61.33revoked two years or more before the commissioner received the completed application
61.34for a new license. A licensee whose personal license is suspended for any reason is not
61.35required to retake the examination before the personal license is reinstated, unless the
61.36personal license has not been reinstated within two years after the suspension began.
62.1    An applicant for a personal license shall submit to the board an application and
62.2examination fee at the time of application. Upon approval of the application, the board
62.3shall schedule the applicant for the next available examination, which shall be held within
62.460 days. The applicant shall be allowed one opportunity to reschedule an examination
62.5without being required to submit another application and examination fee. Additionally,
62.6an applicant who fails an examination, or whose application has been disapproved, must
62.7was not approved, shall submit another application and examination fee.
62.8    Subd. 8. License and renewal fees; expiration. All licenses issued hereunder shall
62.9expire in a manner as provided by the board. (a) Unless revoked or suspended under this
62.10chapter, all licenses issued or renewed under this section expire on the date specified
62.11in this subdivision. Master licenses expire March 1 of each odd-numbered year after
62.12issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered
62.13year after issuance or renewal. Technology system contractor licenses expire August 1 of
62.14each even-numbered year after issuance or renewal. Journeyman, installer, and power
62.15limited technician, electrician licenses expire two years from the date of original issuance
62.16and every two years thereafter.
62.17    (b) Fees, as set by the board, shall be payable for application and examination, and
62.18for the original issuance and each subsequent renewal of the following, are:
62.19    (1) For each personal license application and examination: $35;
62.20    Class A Master.
62.21    Class B Master.
62.22    Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
62.23Special Electrician.
62.24    (2) For original issuance of original license and each subsequent renewal of:
62.25    Class A Master. or master special electrician, including master elevator constructor:
62.26$40 per year;
62.27    Class B Master.: $25 per year;
62.28    Power Limited Technician.: $15 per year;
62.29    Class A Journeyman, Class B Journeyman, Class A Installer, Class B Installer, or
62.30Special Electrician. Elevator Constructor, Lineman, or Maintenance Electrician other than
62.31master special electrician: $15 per year;
62.32    Electrical contractor: $100 per year.
62.33    Technology Systems Contractor.
62.34    (c) If any new license is issued in accordance with this subdivision for less than two
62.35years, the 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 $15.
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) "Continuing education program" means a course, seminar, workshop, or other
63.21educational offering where interactive instruction is provided by one or more instructors,
63.22either directly or by interactive media.
63.23    (d) "Hours of instruction" means the time in hours allowed by the board for attending
63.24an educational program pursuant to this chapter.
63.25    (e) "Continuing education provider" means a person, partnership, corporation,
63.26limited liability company, professional association, government agency, or other entity
63.27authorized by law which provides educational programs for credit under this chapter.
63.28    (f) (1) Within the 24 months preceding the expiration of an electrician or power
63.29limited technician license, each holder of a license shall receive credit for instruction
63.30through one or more educational programs as required by this part. Credit shall be allowed
63.31only once for any educational program in any 24-month period. Where a licensee holds
63.32more than one type of electrician license, the same credits for hours of instruction may be
63.33applied to each license.
63.34    (2) At least 12 hours of instruction must be on the National Electrical Code and the
63.35remainder on the statutes and rules governing electrical installations, this chapter, or
63.36technical topics related to electrical installations and equipment.
64.1    (g) To qualify for credit under this chapter, educational programs shall be approved
64.2by the board. The provider shall submit an application for approval on a form provided by
64.3the board, which shall include an outline of the educational program; the number of hours
64.4of instruction provided; and the names, addresses, telephone and facsimile numbers, and
64.5qualifications of the instructors. The provider shall submit a new application for approval
64.6if the instruction provided deviates substantively from the outline previously submitted or
64.7the hours of instruction provided are changed. Applications for approval shall be received
64.8by the board at least 30 days prior to the first presentation of an educational program.
64.9Approval of individual educational programs expires 36 months from the initial date
64.10of approval. If a provider offers a program after three years from initial approval, the
64.11provider must resubmit the program for approval. An interactive educational program
64.12may also be approved for presentation through electronic media. In addition to the
64.13requirements of this chapter, a program presented through electronic media that does
64.14not include real-time interaction between the presenter and the licensee must include an
64.15examination process that ensures a licensee has successfully completed the program.
64.16    (h) Not less than 14 days prior to a presentation of an educational program, the
64.17provider shall notify the board in writing of the date, time, and location of the presentation.
64.18    (i) Notwithstanding paragraph (f), educational programs that are offered in other
64.19states and not granted prior approval according to this subdivision shall be considered
64.20for credit if the board is provided with evidence that the educational program meets the
64.21requirements of this subdivision and is approved for continuing education credit by a
64.22public authority licensing electricians or power limited technicians in the other state.
64.23    (j) The board shall have authority to audit or review educational programs and
64.24presentations of educational programs for compliance with this subdivision and review the
64.25provider's records concerning persons who have attended such presentations for credit.
64.26The board shall withdraw approval of any educational program not in compliance with
64.27this subdivision.
64.28    (k) All educational programs shall be conducted by board-approved instructors who
64.29have the qualifications described in at least one of the following items:
64.30    (1) a personal electrical license and at least four years of experience in electrical
64.31inspection, supervising electrical installations, or teaching subjects within the scope
64.32of electrical work permitted by the instructor's license. Not more than four hours of
64.33instruction credit will be allowed where the scope of the electrical work permitted by the
64.34instructor's license is less than that of the person who attended the educational program;
64.35    (2) a registered or licensed electrical engineer with at least four years of experience
64.36in the design of premises electrical power systems or technology systems;
65.1    (3) at least five years of practical experience in the subject being taught. Not more
65.2than four hours of instruction credit will be allowed for an educational program conducted
65.3by an instructor in this category; or
65.4    (4) for technology systems, an instructor certified by a national training program.
65.5    (l) Instructors of educational programs approved under this subdivision shall receive
65.6three hours of instruction credit for each hour of instruction allowed.
65.7    (m) Within 14 days after presentation of an educational program for credit, the
65.8provider shall provide a certificate of completion to each licensee in attendance and shall
65.9forward an attendance list to the board on a form supplied by the board, or in a format
65.10approved by the board. Each certificate of completion and attendance list shall include
65.11the name of the provider, date and location of the presentation, educational program
65.12identification that was provided to the board, hours of instruction or continuing education
65.13units, and the licensee's name and license number or the last four digits of the applicant's
65.14Social Security number. The attendance list must be typewritten and provide a summary
65.15of each attendee's hours for each course attended.
65.16    Subd. 9. Denial, suspension, and revocation of licenses. The board may by order
65.17deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board
65.18finds (1) in its discretion that the order is in the public interest and (2) that, based upon a
65.19preponderance of the evidence presented, the applicant or licensee:
65.20    (a) has filed an application for a license which is incomplete in any material respect
65.21or contains any statement which, in light of the circumstances under which it is made, is
65.22false or misleading with respect to any material fact;
65.23    (b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
65.24    (c) has been convicted within the past five years of a misdemeanor involving a
65.25violation of sections 326.241 to 326.248;
65.26    (d) has violated or failed to comply with sections 326.241 to 326.248 or any rule or
65.27order adopted or issued under these sections; or
65.28    (e) has, in the conduct of the applicant's or licensee's affairs, including, but
65.29not limited to, the performance of electrical work, been shown to be incompetent or
65.30untrustworthy.
65.31    If a licensee engages in conduct that is proven by a preponderance of the evidence to
65.32be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
65.33violation of this subdivision. The board may take action under this subdivision or any
65.34other law authorizing action against a licensee regardless of whether the underlying
65.35conduct was willful.
66.1    The board may adopt rules further specifying and defining actions, conduct, and
66.2omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and
66.3establishing standards of conduct for applicants and licensees.
66.4    Subd. 9a. Civil penalties. Whenever a preponderance of the evidence presented
66.5proves that a person has violated or failed to comply with sections 326.241 to 326.248 or
66.6any rule or order adopted or issued under these sections, the board may impose a civil
66.7penalty upon the person in an amount not to exceed $10,000 per violation.
66.8    Subd. 9b. Orders for hearing. The complaint committee may, on behalf of the
66.9board, issue an order requiring a licensee or an applicant for a license to appear at a
66.10hearing on the issue of whether the license should be revoked or suspended, the licensee
66.11censured, the application denied, or a civil penalty imposed. The order shall be calculated
66.12to give reasonable notice of the time and place for hearing, and shall state the reasons for
66.13the entry of the order. All hearings shall be conducted in accordance with chapter 14.
66.14After the hearing, the board shall enter an order making a disposition of the matter as the
66.15facts require. If the licensee or applicant fails to appear at a hearing of which that person
66.16has been duly notified, the person is in default and the proceeding may be determined
66.17against that person upon consideration of the order for hearing, the allegations of which
66.18may be deemed to be true.
66.19    Subd. 9c. Temporary suspension. (a) The complaint committee may, on
66.20behalf of the board and in the public interest, temporarily suspend a license pending
66.21final determination of an order for hearing. The complaint committee shall not issue
66.22a temporary suspension order until an investigation of the facts has been conducted
66.23pursuant to section 214.10 by the attorney general. The complaint committee shall issue a
66.24temporary suspension order only when the safety of life or property is threatened or to
66.25prevent the commission of fraudulent, deceptive, or dishonest acts against the public.
66.26Service of the temporary suspension order is effective if the order is served on the licensee
66.27or counsel of record personally or by first class mail to the most recent address provided to
66.28the board for the licensee or the counsel of record.
66.29    (b) If a license is suspended pending final determination of an order for hearing, a
66.30hearing on the merits shall be held within 45 days of the issuance of the order of temporary
66.31suspension. The administrative law judge shall issue a report within 30 days after closing
66.32of the contested case hearing record. The board shall issue a final order within 30 days
66.33after receipt of that report and any exceptions.
66.34    (c) If the licensee requests a hearing in writing within ten days of service of the
66.35order, the board shall hold a hearing before its own members on the sole issue of whether
67.1there is a reasonable basis to continue, modify, or vacate the temporary suspension. The
67.2board shall hold the hearing within five working days of the licensee's request for hearing.
67.3Evidence presented by the complaint committee or licensee shall be in affidavit form only.
67.4The licensee or counsel of record for the licensee may appear for oral argument. Within
67.5five working days after the hearing, the board shall issue its order either continuing or
67.6vacating the temporary suspension.
67.7    Subd. 9d. Cease and desist order. (a) Whenever it appears to the complaint
67.8committee that any person has engaged or is about to engage in any act or practice
67.9constituting a violation of sections 326.241 to 326.248, any other law authorizing the
67.10issuance of a cease and desist order, or any rule or order adopted or issued under these
67.11sections, the complaint committee may, on behalf of the board, issue and cause to be
67.12served upon the person an order requiring the person to cease and desist from violating
67.13sections 326.241 to 326.248 or any rule or order adopted or issued under these sections.
67.14The complaint committee shall not issue a cease and desist order until an investigation of
67.15the facts has been conducted pursuant to section 214.10 by the attorney general. The order
67.16shall be calculated to give reasonable notice of the right of the person to request a hearing
67.17and shall state the reasons for the entry of the order. If no hearing is requested of the board
67.18within 15 days of service of the order, the order shall become final and shall remain in
67.19effect until it is modified or vacated by the board and shall not be reviewable by a court.
67.20    (b) A hearing shall be held not later than 30 days from the date of the board's receipt
67.21of a written hearing request, unless otherwise agreed by the person requesting the hearing
67.22and the complaint committee. Within 30 days of receipt of the administrative law judge's
67.23report and any exceptions, the board shall issue a final order modifying, vacating, or
67.24making permanent the cease and desist order as the facts require. The final order remains
67.25in effect until modified or vacated by the board.
67.26    Subd. 9e. Costs of proceeding. The board may impose a fee to reimburse the
67.27board for all or part of the cost of the proceedings resulting in disciplinary action or
67.28the imposition of civil penalties or the issuance of a cease and desist order. Such fees
67.29include, but are not limited to, the amount paid by the board for services from the office of
67.30administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,
67.31board members' per diem compensation, board staff time, and expense incurred by board
67.32members and staff.
67.33    Subd. 9f. District court action; injunctive relief and civil penalties. (a) Whenever
67.34it appears to the board, or the complaint committee if authorized by the board, that any
67.35person has engaged or is about to engage in any act or practice constituting a violation of
68.1sections 326.241 to 326.248 or any rule or order adopted or issued under these sections,
68.2the board, or the complaint committee if authorized by the board, may bring an action
68.3in the name of the board in the Ramsey County District Court or the district court of
68.4any other county in which venue is proper.
68.5    (b) The action may be brought to enjoin the acts or practices and to enforce
68.6compliance with sections 326.241 to 326.248, any other law authorizing a civil or
68.7injunctive action, or any rule or order adopted or issued under these sections and for a civil
68.8penalty not to exceed $10,000 for each separate violation of sections 326.241 to 326.248,
68.9any other law authorizing a civil or injunctive action, or any rule or order adopted or
68.10issued under these sections.
68.11    (c) A temporary restraining order and other temporary injunctive relief shall be
68.12granted in the proceeding whenever it appears that any person has engaged in or is about
68.13to engage in any act, conduct, or practice constituting violation of sections 326.241 to
68.14326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted
68.15or issued under these sections. The board shall not be required to show irreparable harm.
68.16    Subd. 9g. Other remedies. The issuance of a cease and desist order or injunctive
68.17relief under this section does not relieve a person from criminal prosecution by any
68.18competent authority or from disciplinary action by the board and does not prevent the
68.19board from exercising any other authority granted to it.
68.20    Subd. 9h. Powers additional. The powers contained in subdivisions 9 to 9g are in
68.21addition to all other powers of the board.
68.22    Subd. 9i. Cooperation required. A person who is the subject of an investigation,
68.23or who is questioned in connection with an investigation, by or on behalf of the board
68.24or its complaint committee shall cooperate fully with the investigation. Cooperation
68.25includes, but is not limited to:
68.26    (1) responding fully and promptly to questions raised by or on behalf of the board or
68.27its complaint committee relating to the subject of the investigation;
68.28    (2) providing copies of records in the person's possession related to the matter under
68.29investigation as requested by the board, its complaint committee, or the attorney general
68.30within the time limit set by the board, its complaint committee, or the attorney general;
68.31    (3) assisting the board, its complaint committee, or the attorney general in its
68.32investigation; and
68.33    (4) appearing at conferences or hearings scheduled by the board or its complaint
68.34committee.
69.1    Subd. 9j. Disciplinary proceedings closed. Proceedings held before the board or
69.2its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the
69.3requirements of section 13D.01.
69.4    Subd. 9k. Conflicts of law. If there is a conflict between sections 326.241 to
69.5326.248 and chapter 214, sections 326.241 to 326.248 shall control.
69.6    Subd. 10. Continuation of business by estates. Upon the death of a master who is
69.7a contractor, the board may permit the decedent's representative to carry on the business
69.8of the decedent for a period not in excess of six months, for the purpose of completing
69.9work under contract or otherwise to comply with sections 326.241 to 326.248. The
69.10representative shall give such bond as the board may require conditioned upon the faithful
69.11and lawful performance of such work and such bond shall be for the benefit of persons
69.12injured or suffering financial loss by reason of failure of such performance. Such bond
69.13shall be written by a corporate surety licensed to do business in the state of Minnesota.
69.14Such representative shall also comply with all public liability and property damage
69.15insurance requirements imposed by this chapter upon a licensed contractor.
69.16    Subd. 11. Reciprocity. To the extent that any other state which provides for the
69.17licensing of electricians provides for similar action the board may grant licenses, without
69.18examination, of the same grade and class to an electrician who has been licensed by such
69.19other another state for at least one year, upon payment by the applicant of the required
69.20fee and upon the board being furnished with proof that the required fee and upon the
69.21board being furnished with proof that the qualifications of the applicant are equal to the
69.22qualifications of holders of similar licenses in Minnesota. An individual issued a license
69.23under this subdivision may be granted a new license or a reissued license only two times.
69.24    Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance
69.25electrician who is supervised by the responsible master electrician for a contractor who
69.26has contracted with the maintenance electrician's employer to provide services for which
69.27a contractor's license is required or by a master electrician or an electrical engineer
69.28registered with the board and who is an employee of an employer and is engaged in the
69.29maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased
69.30by the employer, and performed within the limits of property which is owned or leased
69.31and operated and maintained by said employer, shall is not be required to hold or obtain a
69.32license under sections 326.241 to 326.248. 326B.31 to 326B.399 if:
69.33    (1) the individual is engaged in the maintenance and repair of electrical equipment,
69.34apparatus, and facilities that are owned or leased by the individual's employer and that are
70.1located within the limits of property operated, maintained, and either owned or leased by
70.2the individual's employer;
70.3    (2) the individual is under the direct supervision of:
70.4    (i) the responsible master electrician for a contractor who has contracted with the
70.5individual's employer to provide services for which a contractor's license is required; or
70.6    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
70.7engineer, or, if the maintenance and repair work is limited to technology circuit and system
70.8work, a licensed power limited technician; and
70.9    (3) the individual's employer certifies and documents the hours worked in the
70.10designated categories pertaining to electrical work and has filed with the commissioner
70.11a certificate of responsible person, signed by the responsible master electrician of the
70.12contractor, the licensed master electrician, the licensed maintenance electrician, the
70.13electrical engineer, or the licensed power limited technician, and stating that the person
70.14signing the certificate is responsible for ensuring that the maintenance and repair work
70.15performed by the employer's employees complies with sections 326.241 to 326.248 and
70.16rules adopted.
70.17    (b) Employees of a licensed electrical or technology systems contractor or other
70.18employer where provided with supervision by a master electrician in accordance with
70.19subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
70.20(a), clause (1), are not required to hold a license under sections 326.241 to 326.248 for the
70.21planning, laying out, installing, altering, and repairing of technology circuits or systems
70.22except planning, laying out, or installing:
70.23    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
70.24control circuits or systems other than class 2 or class 3, except circuits that interconnect
70.25these systems through communication, alarm, and security systems are exempted from
70.26this paragraph;
70.27    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
70.28physically unprotected circuits other than class 2 or class 3; or
70.29    (3) technology circuits and systems in hazardous classified locations as covered by
70.30chapter 5 of the National Electrical Code.
70.31    (c) Companies and their employees that plan, lay out, install, alter, or repair class
70.322 and class 3 remote control wiring associated with plug or cord and plug connected
70.33appliances other than security or fire alarm systems installed in a residential dwelling are
70.34not required to hold a license under sections 326.241 to 326.248.
70.35    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
70.36employees are not required to hold or obtain a license under sections 326.241 to 326.248
71.1when performing heating, ventilating, air conditioning, or refrigeration work as described
71.2in section 326.245.
71.3    (e) Employees of any electric electrical, communications, or railway utility, cable
71.4communications company as defined in section 238.02, or a telephone company as defined
71.5under section 237.01 or its employees, or of any independent contractor performing work
71.6on behalf of any such utility, cable communications company, or telephone company, shall
71.7not be required to hold a license under sections 326.241 to 326.248:
71.8    (1) while performing work on installations, materials, or equipment which are owned
71.9or leased, and operated and maintained by such utility, cable communications company, or
71.10telephone company in the exercise of its utility, antenna, or telephone function, and which
71.11    (i) are used exclusively for the generation, transformation, distribution, transmission,
71.12or metering of electric current, or the operation of railway signals, or the transmission
71.13of intelligence and do not have as a principal function the consumption or use of electric
71.14current or provided service by or for the benefit of any person other than such utility, cable
71.15communications company, or telephone company, and
71.16    (ii) are generally accessible only to employees of such utility, cable communications
71.17company, or telephone company or persons acting under its control or direction, and
71.18    (iii) are not on the load side of the service point or point of entrance for
71.19communication systems;
71.20    (2) while performing work on installations, materials, or equipment which are a part
71.21of the street lighting operations of such utility; or
71.22    (3) while installing or performing work on outdoor area lights which are directly
71.23connected to a utility's distribution system and located upon the utility's distribution poles,
71.24and which are generally accessible only to employees of such utility or persons acting
71.25under its control or direction.
71.26    (f) An owner shall not be required to hold or obtain a license under sections 326.241
71.27to 326.248.
71.28EFFECTIVE DATE.This section is effective December 1, 2007, except that the
71.29amendments to subdivision 8 are effective July 1, 2007.

71.30    Sec. 21. Minnesota Statutes 2006, section 326.242, is amended to read:
71.31326.242 LICENSES.
71.32    Subdivision 1. Master electrician. Except as otherwise provided by law, no
71.33person individual shall install, alter, repair, plan, lay out, or supervise the installing,
71.34altering, or repairing of electrical wiring, apparatus, or equipment for light, heat, power, or
71.35other purposes perform or supervise electrical work unless the person individual is: (a)
72.1licensed by the board as a master electrician and (b)(i) the electrical work is for a licensed
72.2contractor and the person individual is an employee, partner, or officer of, or is the licensed
72.3contractor, or (ii) the electrical work is performed for the person's individual's employer
72.4on electric electrical wiring, apparatus, equipment, or facilities that are owned or leased by
72.5the employer which is and that are located within the limits of property which is operated,
72.6maintained, and either owned or leased and operated and maintained by the employer.
72.7(1) An applicant for a Class A master electrician's electrician license shall (a) be a
72.8graduate of a four-year electrical course in offered by an accredited college or university;
72.9or (b) shall have had at least one year's year of experience, acceptable to the board, as a
72.10licensed journeyman; or (c) shall have had at least five years' experience, acceptable to
72.11the board, in planning for, laying out, supervising and installing wiring, apparatus, or
72.12equipment for electrical light, heat and power.
72.13(2) As of August 1, 1985, no new Class B master electrician's electrician licenses
72.14shall be issued. An individual who has a Class B master electrician's electrician license as
72.15of August 1, 1985 may retain and renew the license and exercise the privileges it grants,
72.16which include electrical work limited to single phase systems, not over 200 amperes in
72.17capacity, on farmsteads or single-family dwellings located in towns or municipalities
72.18with fewer than 2,500 inhabitants.
72.19    Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law,
72.20no person individual shall install, alter, repair, or supervise the installing, altering, or
72.21repairing of electrical wiring, apparatus, or equipment for electrical light, heat, power,
72.22technology circuits or systems, or other purposes unless:
72.23(1) the person individual is licensed by the board as a journeyman electrician; and
72.24(2) the electrical work is:
72.25(i) for a contractor and the person individual is an employee, partner, or officer of
72.26the licensed contractor; or
72.27(ii) performed under the supervision of a master electrician also employed by the
72.28person's individual's employer on electrical wiring, apparatus, equipment, or facilities
72.29that are owned or leased by the employer and that is are located within the limits of
72.30property operated, maintained, and either owned or leased, operated, and maintained by
72.31the employer.
72.32(b) An applicant for a Class A journeyman electrician's electrician license shall have
72.33had at least four years of experience, acceptable to the board, in wiring for, installing, and
72.34repairing electrical wiring, apparatus, or equipment, provided however, that the board may
72.35by rule provide for the allowance of allow one year of experience credit for the successful
72.36completion of a two-year post high school electrical course approved by the board.
73.1(c) As of August 1, 1985, no new Class B journeyman electrician's electrician
73.2licenses shall be issued. An individual who holds a Class B journeyman electrician's
73.3license as of August 1, 1985 may retain and renew the license and exercise the privileges
73.4it grants, which include electrical work limited to single phase systems, not over 200
73.5amperes in capacity, on farmsteads or on single-family dwellings located in towns or
73.6municipalities with fewer than 2,500 inhabitants.
73.7    Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and
73.86, any person individual holding a Class A installer license may lay out and install and
73.9supervise the laying out and installing of electrical wiring, apparatus, or equipment for
73.10major electrical home appliances on the load side of the main service on farmsteads and in
73.11any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to a
73.12city of the first class and does not contain an established business of a contractor. No new
73.13Class A installer licenses shall be issued after December 1, 2007. An individual who holds
73.14a Class A installer license on December 1, 2007, may retain and renew the license and
73.15exercise the privileges it grants.
73.16    Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions 1, 2
73.17and 6, any person individual holding a Class B installer license may lay out and install
73.18electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
73.19side of the main service on farmsteads, and install such other electrical equipment as is
73.20determined approved by the board.
73.21    Subd. 3b. Coursework or experience. An applicant for a Class A or B installer
73.22license shall have completed a post high school course in electricity acceptable to
73.23approved by the board or shall have had at least one year's experience, acceptable to the
73.24board in electrical wiring.
73.25    Subd. 3c. Bond. Every Class A and Class B installer, as a condition of licensure,
73.26shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
73.27performance of all work contracted for or entered upon by the installer within the state of
73.28Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
73.29loss by reason of failure of such performance. Such bond shall be in lieu of all other
73.30license bonds to any political subdivision of the state. Such bond shall be written by a
73.31corporate surety licensed to do business in the state of Minnesota.
73.32    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law,
73.33no person individual shall install, alter, repair, plan, lay out, or supervise the installing,
73.34altering, or repairing, planning, or laying out of electrical wiring, apparatus, or equipment
73.35for technology circuits or systems unless:
74.1(1) the person individual is licensed by the board as a power limited technician; and
74.2(2) the electrical work is:
74.3(i) for a licensed contractor and the person individual is an employee, partner, or
74.4officer of, or is the licensed contractor; or
74.5(ii) performed under the supervision of a master electrician or power limited
74.6technician also employed by the person's individual's employer on technology circuits,
74.7systems, apparatus, equipment, or facilities that are owned or leased by the employer and
74.8that are located within the limits of property operated, maintained, and either owned or
74.9leased, operated, and maintained by the employer.
74.10(b) An applicant for a power limited technician's license shall (1) be a graduate
74.11of a four-year electrical course in offered by an accredited college or university; or (2)
74.12have had at least 36 months' experience, acceptable to the board, in planning for, laying
74.13out, supervising, and installing, altering, and repairing wiring, apparatus, or equipment
74.14for power limited systems, provided however, that the board may by rule provide for the
74.15allowance of up to 12 months (2,000 hours) of experience credit for successful completion
74.16of a two-year post high school electrical course or other technical training approved by
74.17the board.
74.18(c) The board may initially set experience requirements without rulemaking, but
74.19must adopt rules before July 1, 2004.
74.20(d) Licensees must attain eight hours of continuing education acceptable to the
74.21board every renewal period.
74.22(e) A person who has submitted an application by June 30, 2003, to take the alarm
74.23and communications examination administered by the board, and who has achieved a
74.24minimal score of 70 percent on the examination by September 30, 2003, may obtain a
74.25power limited technician license without further examination by submitting an application
74.26and a license fee of $30.
74.27(f) (c) A company holding an alarm and communication license as of June 30, 2003,
74.28may designate one person individual who may obtain a power limited technician license
74.29without passing an examination administered by the board commissioner by submitting an
74.30application and license fee of $30.
74.31(g) A person who has submitted an application by September 30, 2005, to take the
74.32power limited technician examination administered by the board is not required to meet
74.33the qualifications set forth in paragraph (b).
74.34    Subd. 4. Special electrician. Notwithstanding the provisions of subdivisions 1, 2,
74.356, and 7, the board may by rule provide for the issuance of special electrician licenses
74.36empowering the licensee to engage in a limited class or classes of electrical work, which
75.1class or classes shall be specified on the license certificate. Each licensee shall have had
75.2at least two years of experience, acceptable to the board, in each such limited class of
75.3work for which the licensee is licensed.
75.4    Subd. 5. Unlicensed persons individuals. (a) An unlicensed person individual
75.5means an individual who has not been licensed by the Board of Electricity as a Class
75.6A master electrician or as a Class A journeyman electrician. An unlicensed individual
75.7shall not perform electrical work unless the individual has first registered with the
75.8Board of Electricity as an unlicensed individual. Thereafter, an unlicensed individual
75.9shall not perform electrical work unless the work is performed under the personal direct
75.10supervision of a person an individual actually licensed to perform such work and. The
75.11licensed electrician individual and unlicensed persons are individual must be employed
75.12by the same means that an individual having the necessary qualifications, training,
75.13experience, and technical knowledge to install, alter, repair, and supervise the installing,
75.14altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power,
75.15technology circuits or systems, and who is licensed as a Class A journeyman electrician
75.16is employed by the employer. Licensed persons individuals shall not permit unlicensed
75.17persons individuals to perform electrical work except under the personal direct supervision
75.18of a person an individual actually licensed to perform such work. Unlicensed persons
75.19individuals shall not supervise the performance of electrical work or make assignments of
75.20electrical work to unlicensed persons individuals. Except for technology circuit or system
75.21work, licensed persons individuals shall supervise no more than two unlicensed persons
75.22individuals. For technology circuit or system work, licensed persons individuals shall
75.23supervise no more than three unlicensed persons individuals.
75.24(b) Notwithstanding any other provision of this section, no person individual other
75.25than a master electrician or power limited technician shall plan or lay out electrical wiring,
75.26apparatus, or equipment for light, heat, power, or other purposes, except circuits or
75.27systems exempted from personal licensing by subdivision 12, paragraph (b).
75.28(c) Contractors employing unlicensed persons performing individuals to perform
75.29electrical work shall maintain records establishing compliance with this subdivision,
75.30which that shall designate identify all unlicensed persons individuals performing electrical
75.31work, except for persons working on circuits or systems exempted from personal licensing
75.32by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
75.33records as provided for in section 326.244, subdivision 6.
75.34(d) When a licensed individual supervises the electrical work of an unlicensed
75.35individual, the licensed individual is responsible for ensuring that the electrical work
75.36complies with sections 326.241 to 326.248 and rules adopted.
76.1    Subd. 6. Contractor's license required. Except as otherwise provided by law, no
76.2person individual other than an employee, partner, or officer of a licensed contractor, as
76.3defined by section 326.01, subdivision 5, shall undertake perform or offer to undertake to
76.4plan for, lay out, supervise or install or to make additions, alterations, or repairs in the
76.5installation of electrical wiring, apparatus, and equipment for light, heat, power, and
76.6other purposes perform electrical work with or without compensation unless the person
76.7individual obtains a contractor's license. A contractor's license does not of itself qualify
76.8its holder to perform or supervise the electrical work authorized by holding any class of
76.9personal electrical license.
76.10    Subd. 6a. Bond required. Each contractor shall give and maintain bond to the state
76.11in the penal sum of $5,000 $25,000 conditioned upon the faithful and lawful performance
76.12of all work entered upon contracted for or performed by the contractor within the state of
76.13Minnesota and such bond shall be for the benefit of persons injured or suffering financial
76.14loss by reason of failure of such performance. The bond shall be filed with the board and
76.15shall be in lieu of all other license bonds to any other political subdivision. Such bond
76.16shall be written by a corporate surety licensed to do business in the state of Minnesota.
76.17    Subd. 6b. Insurance required. Each contractor shall have and maintain in effect
76.18general liability insurance, which includes premises and operations insurance and products
76.19and completed operations insurance, with limits of at least $100,000 per occurrence,
76.20$300,000 aggregate limit for bodily injury, and property damage insurance with limits
76.21of at least $25,000 $50,000 or a policy with a single limit for bodily injury and property
76.22damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
76.23shall be written by an insurer licensed to do business in the state of Minnesota and each
76.24contractor shall maintain on file with the board a certificate evidencing such insurance
76.25which provides that such insurance shall not be canceled without the insurer first giving
76.2615 days written notice to the board of such cancellation.
76.27    Subd. 6c. Employment of master electrician or power limited technician. (a) No
76.28contractor shall engage in business of electrical contracting unless the contractor employs
76.29a licensed Class A master or Class B Each contractor must designate a responsible master
76.30electrician, or power limited technician, who shall be responsible for the performance of
76.31all electrical work in accordance with the requirements of sections 326.241 to 326.248 or
76.32any rule or order adopted or issued under these sections. The classes of work for which
76.33the that a licensed contractor is authorized shall be limited to those for which such Class
76.34A master electrician, Class B master electrician, or power limited technician employed
77.1by the contractor the classes of work that the responsible master electrician or power
77.2limited electrician is licensed to perform.
77.3(b) When a contractor's license is held by an individual, sole proprietorship,
77.4partnership, limited liability company, or corporation and the individual, proprietor, one
77.5of the partners, one of the members, or an officer of the corporation, respectively, is not
77.6the responsible master electrician or power limited technician of record, all requests for
77.7inspection shall be signed by the responsible master electrician or power limited technician
77.8of record. The designated responsible master electrician or power limited technician of
77.9record shall be employed by the individual, partnership, limited liability company, or
77.10corporation which is applying for a contractor's license and shall not be employed in any
77.11capacity as a licensed electrician or licensed technician by any other contractor or employer
77.12designated in subdivision 12. If the contractor is an individual or a sole proprietorship, the
77.13responsible licensed individual must be the individual, proprietor, or managing employee.
77.14If the contractor is a partnership, the responsible licensed individual must be a general
77.15partner or managing employee. If the licensed contractor is a limited liability company,
77.16the responsible licensed individual must be a chief manager or managing employee. If
77.17the contractor is a corporation, the responsible licensed individual must be an officer or
77.18managing employee. If the responsible licensed individual is a managing employee, the
77.19responsible licensed individual must be actively engaged in performing electrical work
77.20on behalf of the contractor, and cannot be employed in any capacity as an electrician
77.21or technician by any other contractor or employer designated in subdivision 12. An
77.22individual may be the responsible licensed individual for only one contractor or employer.
77.23(c) All applications for contractor's licenses and all renewals shall include a verified
77.24statement that the applicant or licensee has complied with this subdivision.
77.25    Subd. 7. Examination. In addition to the requirements imposed herein and except
77.26as herein otherwise provided, as a precondition to issuance of a personal license, each
77.27applicant must pass a written or oral examination given by the board to insure the
77.28competence of each applicant for license. An oral examination shall be administered
77.29only to an applicant who furnishes a written statement from a certified teacher or
77.30other professional, trained in the area of reading disabilities stating that the applicant
77.31has a specific reading disability which would prevent the applicant from performing
77.32satisfactorily on a written test. The oral examination shall be structured so that an
77.33applicant who passes the examination will not impair the applicant's own safety or that of
77.34others while acting as a licensed person. No person individual failing an examination may
77.35retake it for six months thereafter, but within such six months the person individual may
77.36take an examination for a lesser grade of license. Any licensee failing to renew a license
78.1for two years or more after its expiration shall be required to retake the examination
78.2before being issued a new license.
78.3An applicant for a personal license shall submit to the board an application and
78.4examination fee at the time of application. Upon approval of the application, the board
78.5shall schedule the applicant for the next available examination, which shall be held within
78.660 days. The applicant shall be allowed one opportunity to reschedule an examination
78.7without being required to submit another application and examination fee. Additionally,
78.8an applicant who fails an examination, or whose application has been disapproved, must
78.9submit another application and examination fee.
78.10    Subd. 8. License and renewal fees. All licenses issued hereunder shall expire in a
78.11manner as provided by the board. (a) Unless revoked or suspended, all licenses issued
78.12or renewed under this section expire on the date specified in this subdivision. Master
78.13licenses expire March 1 of each odd-numbered year after issuance or renewal. Electrical
78.14contractor licenses expire March 1 of each even-numbered year after issuance or renewal.
78.15Technology system contractor licenses expire August 1 of each even-numbered year
78.16after issuance or renewal. Journeyman, installer, power limited technician, and special
78.17electrician licenses expire two years from the date of original issuance and every two
78.18years thereafter.
78.19(b) Fees, as set by the board, shall be payable for application and examination, and
78.20for the original issuance and each subsequent renewal of the following are:
78.21(1) For each personal license application and examination: $35.
78.22Class A Master.
78.23Class B Master.
78.24Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
78.25Special Electrician.
78.26(2) For original issuance of original license and each subsequent renewal of:
78.27Class A Master.: or master elevator constructor: $40 per year.
78.28Class B Master.: $25 per year.
78.29Power Limited Technician.: $15 per year.
78.30Class A Journeyman, Class B Journeyman, Installer, or Special Electrician.: $15
78.31per year.
78.32Electrical Contractor: $100 per year.
78.33Technology Systems Contractor.
78.34(c) If any new license is issued according to this subdivision for less than two years,
78.35the fee for the license shall be prorated on an annual basis.
79.1(d) A license fee may not be refunded after a license is issued or renewed. However,
79.2if the fee paid for a license was not prorated according to this subdivision, the amount of
79.3the overpayment shall be refunded.
79.4(e) Any contractor who seeks reissuance of a license after it has been revoked or
79.5suspended under this chapter shall submit a reissuance fee of $100 before the license is
79.6reinstated.
79.7(f) The fee for the issuance of each duplicate license is $100.
79.8(3) (g) An individual or contractor who fails to renew a license before 30 days
79.9after the expiration of the license must submit a late fee equal to one year's license fee in
79.10addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual
79.11or contractor that fails to renew a license by the expiration date is unlicensed until the
79.12license is renewed.
79.13    Subd. 8a. Continuing education. (a) As used in this subdivision, the term "renewal
79.14period" means the time period of two years beginning on the date that the license is
79.15originally issued or renewed and ending on the date that the license is scheduled to expire.
79.16If any license is issued for less than two years, the period between the issuance date and
79.17the expiration date is not a renewal period.
79.18(b) During each renewal period, individuals licensed under this chapter must earn 16
79.19hours of continuing education credit approved by the board.
79.20(c) With a renewal application, a licensed electrician shall submit to the board a list
79.21of continuing education hours earned during the renewal period, including dates, subjects,
79.22hours attended, sponsoring organizations, and course approval numbers. Each licensed
79.23electrician shall maintain a file in which records of courses are kept, including dates,
79.24subjects, duration of programs, sponsoring organizations, continuing education hours
79.25earned, registration receipts where appropriate, certificates of completion received from
79.26sponsoring organizations, and other pertinent documentation, for a period of two years
79.27after submission to the board. The board may require a licensed electrician to produce
79.28this information in order for the board to verify information in a renewal application, to
79.29conduct a random audit, or to investigate a complaint alleging noncompliance on the
79.30part of the licensee.
79.31(d) If the board rejects continuing education hours reported by a licensee in an
79.32amount sufficient to reduce the number of nonrejected continuing education hours below
79.33the required minimum number, the board must notify the licensee in writing of the board's
79.34rejection of the hours. The licensee has 60 days after notification to substantiate the
79.35validity of the rejected hours or to earn other qualifying hours to meet the minimum
79.36requirement. The board's rejection of any continuing education hours submitted during
80.1this 60-day cure period does not extend or expand the cure period. If the board does
80.2not reinstate a sufficient number of the rejected continuing education hours to meet the
80.3required minimum number of continuing education hours, or the licensee or certificate
80.4holder does not complete or substantiate that the individual has completed other qualifying
80.5continuing education hours to meet the required minimum number of continuing education
80.6hours within the specified period of time, the board shall suspend or deny the individual's
80.7license under section 326.082. Continuing education hours applied to current renewal may
80.8not be applied to the requirements for a subsequent renewal period.
80.9(e) If a licensed electrician knowingly submits to the board a false report of
80.10continuing education hours, the board shall revoke the license under section 326.082.
80.11    Subd. 9. Denial, suspension, and revocation of licenses. The board may by order
80.12deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board
80.13finds (1) in its discretion that the order is in the public interest and (2) that, based upon a
80.14preponderance of the evidence presented, the applicant or licensee:
80.15(a) has filed an application for a license which is incomplete in any material respect
80.16or contains any statement which, in light of the circumstances under which it is made, is
80.17false or misleading with respect to any material fact;
80.18(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
80.19(c) has been convicted within the past five years of a misdemeanor involving a
80.20violation of sections 326.241 to 326.248;
80.21(d) has violated or failed to comply with sections 326.241 to 326.248 or any rule or
80.22order adopted or issued under these sections; or
80.23(e) has, in the conduct of the applicant's or licensee's affairs, including, but
80.24not limited to, the performance of electrical work, been shown to be incompetent or
80.25untrustworthy.
80.26If a licensee engages in conduct that is proven by a preponderance of the evidence to
80.27be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
80.28violation of this subdivision. The board may take action under this subdivision or any
80.29other law authorizing action against a licensee regardless of whether the underlying
80.30conduct was willful.
80.31The board may adopt rules further specifying and defining actions, conduct, and
80.32omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and
80.33establishing standards of conduct for applicants and licensees.
80.34    Subd. 9a. Civil penalties. Whenever a preponderance of the evidence presented
80.35proves that a person has violated or failed to comply with sections 326.241 to 326.248 or
81.1any rule or order adopted or issued under these sections, the board may impose a civil
81.2penalty upon the person in an amount not to exceed $10,000 per violation.
81.3    Subd. 9b. Orders for hearing. The complaint committee may, on behalf of the
81.4board, issue an order requiring a licensee or an applicant for a license to appear at a
81.5hearing on the issue of whether the license should be revoked or suspended, the licensee
81.6censured, the application denied, or a civil penalty imposed. The order shall be calculated
81.7to give reasonable notice of the time and place for hearing, and shall state the reasons for
81.8the entry of the order. All hearings shall be conducted in accordance with chapter 14.
81.9After the hearing, the board shall enter an order making a disposition of the matter as the
81.10facts require. If the licensee or applicant fails to appear at a hearing of which that person
81.11has been duly notified, the person is in default and the proceeding may be determined
81.12against that person upon consideration of the order for hearing, the allegations of which
81.13may be deemed to be true.
81.14    Subd. 9c. Temporary suspension. (a) The complaint committee may, on
81.15behalf of the board and in the public interest, temporarily suspend a license pending
81.16final determination of an order for hearing. The complaint committee shall not issue
81.17a temporary suspension order until an investigation of the facts has been conducted
81.18pursuant to section 214.10 by the attorney general. The complaint committee shall issue a
81.19temporary suspension order only when the safety of life or property is threatened or to
81.20prevent the commission of fraudulent, deceptive, or dishonest acts against the public.
81.21Service of the temporary suspension order is effective if the order is served on the licensee
81.22or counsel of record personally or by first class mail to the most recent address provided to
81.23the board for the licensee or the counsel of record.
81.24(b) If a license is suspended pending final determination of an order for hearing, a
81.25hearing on the merits shall be held within 45 days of the issuance of the order of temporary
81.26suspension. The administrative law judge shall issue a report within 30 days after closing
81.27of the contested case hearing record. The board shall issue a final order within 30 days
81.28after receipt of that report and any exceptions.
81.29(c) If the licensee requests a hearing in writing within ten days of service of the
81.30order, the board shall hold a hearing before its own members on the sole issue of whether
81.31there is a reasonable basis to continue, modify, or vacate the temporary suspension. The
81.32board shall hold the hearing within five working days of the licensee's request for hearing.
81.33Evidence presented by the complaint committee or licensee shall be in affidavit form only.
81.34The licensee or counsel of record for the licensee may appear for oral argument. Within
81.35five working days after the hearing, the board shall issue its order either continuing or
81.36vacating the temporary suspension.
82.1    Subd. 9d. Cease and desist order. (a) Whenever it appears to the complaint
82.2committee that any person has engaged or is about to engage in any act or practice
82.3constituting a violation of sections 326.241 to 326.248, any other law authorizing the
82.4issuance of a cease and desist order, or any rule or order adopted or issued under these
82.5sections, the complaint committee may, on behalf of the board, issue and cause to be
82.6served upon the person an order requiring the person to cease and desist from violating
82.7sections 326.241 to 326.248 or any rule or order adopted or issued under these sections.
82.8The complaint committee shall not issue a cease and desist order until an investigation of
82.9the facts has been conducted pursuant to section 214.10 by the attorney general. The order
82.10shall be calculated to give reasonable notice of the right of the person to request a hearing
82.11and shall state the reasons for the entry of the order. If no hearing is requested of the board
82.12within 15 days of service of the order, the order shall become final and shall remain in
82.13effect until it is modified or vacated by the board and shall not be reviewable by a court.
82.14(b) A hearing shall be held not later than 30 days from the date of the board's receipt
82.15of a written hearing request, unless otherwise agreed by the person requesting the hearing
82.16and the complaint committee. Within 30 days of receipt of the administrative law judge's
82.17report and any exceptions, the board shall issue a final order modifying, vacating, or
82.18making permanent the cease and desist order as the facts require. The final order remains
82.19in effect until modified or vacated by the board.
82.20    Subd. 9e. Costs of proceeding. The board may impose a fee to reimburse the
82.21board for all or part of the cost of the proceedings resulting in disciplinary action or
82.22the imposition of civil penalties or the issuance of a cease and desist order. Such fees
82.23include, but are not limited to, the amount paid by the board for services from the office of
82.24administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,
82.25board members' per diem compensation, board staff time, and expense incurred by board
82.26members and staff.
82.27    Subd. 9f. District court action; injunctive relief and civil penalties. (a) Whenever
82.28it appears to the board, or the complaint committee if authorized by the board, that any
82.29person has engaged or is about to engage in any act or practice constituting a violation of
82.30sections 326.241 to 326.248 or any rule or order adopted or issued under these sections,
82.31the board, or the complaint committee if authorized by the board, may bring an action
82.32in the name of the board in the Ramsey County District Court or the district court of
82.33any other county in which venue is proper.
82.34(b) The action may be brought to enjoin the acts or practices and to enforce
82.35compliance with sections 326.241 to 326.248, any other law authorizing a civil or
82.36injunctive action, or any rule or order adopted or issued under these sections and for a civil
83.1penalty not to exceed $10,000 for each separate violation of sections 326.241 to 326.248,
83.2any other law authorizing a civil or injunctive action, or any rule or order adopted or
83.3issued under these sections.
83.4(c) A temporary restraining order and other temporary injunctive relief shall be
83.5granted in the proceeding whenever it appears that any person has engaged in or is about
83.6to engage in any act, conduct, or practice constituting violation of sections 326.241 to
83.7326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted
83.8or issued under these sections. The board shall not be required to show irreparable harm.
83.9    Subd. 9g. Other remedies. The issuance of a cease and desist order or injunctive
83.10relief under this section does not relieve a person from criminal prosecution by any
83.11competent authority or from disciplinary action by the board and does not prevent the
83.12board from exercising any other authority granted to it.
83.13    Subd. 9h. Powers additional. The powers contained in subdivisions 9 to 9g are in
83.14addition to all other powers of the board.
83.15    Subd. 9i. Cooperation required. A person who is the subject of an investigation,
83.16or who is questioned in connection with an investigation, by or on behalf of the board
83.17or its complaint committee shall cooperate fully with the investigation. Cooperation
83.18includes, but is not limited to:
83.19(1) responding fully and promptly to questions raised by or on behalf of the board or
83.20its complaint committee relating to the subject of the investigation;
83.21(2) providing copies of records in the person's possession related to the matter under
83.22investigation as requested by the board, its complaint committee, or the attorney general
83.23within the time limit set by the board, its complaint committee, or the attorney general;
83.24(3) assisting the board, its complaint committee, or the attorney general in its
83.25investigation; and
83.26(4) appearing at conferences or hearings scheduled by the board or its complaint
83.27committee.
83.28    Subd. 9j. Disciplinary proceedings closed. Proceedings held before the board or
83.29its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the
83.30requirements of section 13D.01.
83.31    Subd. 9k. Conflicts of law. If there is a conflict between sections 326.241 to
83.32326.248 and chapter 214, sections 326.241 to 326.248 shall control.
83.33    Subd. 10. Continuation of business by estates. Upon the death of a master who is
83.34a contractor, the board may permit the decedent's representative to carry on the business
83.35of the decedent for a period not in excess of six months, for the purpose of completing
84.1work under contract or otherwise to comply with sections 326.241 to 326.248. The
84.2representative shall give such bond as the board may require conditioned upon the faithful
84.3and lawful performance of such work and such bond shall be for the benefit of persons
84.4injured or suffering financial loss by reason of failure of such performance. Such bond
84.5shall be written by a corporate surety licensed to do business in the state of Minnesota.
84.6Such representative shall also comply with all public liability and property damage
84.7insurance requirements imposed by this chapter upon a licensed contractor.
84.8    Subd. 11. Reciprocity. To the extent that any other state which provides for the
84.9licensing of electricians provides for similar action the board may grant licenses, without
84.10examination, of the same grade and class to an electrician who has been licensed by such
84.11other state for at least one year, upon payment by the applicant of the required fee and
84.12upon the board being furnished with proof that the required fee and upon the board being
84.13furnished with proof that the qualifications of the applicant are equal to the qualifications
84.14of holders of similar licenses in Minnesota.
84.15    Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance
84.16electrician who is supervised by the responsible master electrician for a contractor who
84.17has contracted with the maintenance electrician's employer to provide services for which
84.18a contractor's license is required or by a master electrician or an electrical engineer
84.19registered with the board and who is an employee of an employer and is engaged in the
84.20maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased
84.21by the employer, and performed within the limits of property which is owned or leased
84.22and operated and maintained by said employer, shall is not be required to hold or obtain a
84.23license under sections 326.241 to 326.248. if:
84.24(1) the individual is engaged in the maintenance and repair of electrical equipment,
84.25apparatus, and facilities that are owned or leased by the individual's employer and that are
84.26located within the limits of property operated, maintained, and either owned or leased by
84.27the individual's employer;
84.28(2) the individual is supervised by:
84.29(i) the responsible master electrician for a contractor who has contracted with the
84.30individual's employer to provide services for which a contractor's license is required; or
84.31(ii) a licensed master electrician, a licensed maintenance electrician, an electrical
84.32engineer, or, if the maintenance and repair work is limited to technology circuit and system
84.33work, a licensed power limited technician; and
84.34(3) the individual's employer has filed with the board a certificate of responsible
84.35person, signed by the responsible master electrician of the contractor, the licensed master
84.36electrician, the licensed maintenance electrician, the electrical engineer, or the licensed
85.1power limited technician, and stating that the person signing the certificate is responsible
85.2for ensuring that the maintenance and repair work performed by the employer's employees
85.3complies with sections 326.241 to 326.248 and rules adopted.
85.4(b) Employees of a licensed electrical or technology systems contractor or other
85.5employer where provided with supervision by a master electrician in accordance with
85.6subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
85.7(a), clause (1), are not required to hold a license under sections 326.241 to 326.248 for the
85.8planning, laying out, installing, altering, and repairing of technology circuits or systems
85.9except planning, laying out, or installing:
85.10(1) in other than residential dwellings, class 2 or class 3 remote control circuits that
85.11control circuits or systems other than class 2 or class 3, except circuits that interconnect
85.12these systems through communication, alarm, and security systems are exempted from
85.13this paragraph;
85.14(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
85.15physically unprotected circuits other than class 2 or class 3; or
85.16(3) technology circuits and systems in hazardous classified locations as covered by
85.17chapter 5 of the National Electrical Code.
85.18(c) Companies and their employees that plan, lay out, install, alter, or repair class
85.192 and class 3 remote control wiring associated with plug or cord and plug connected
85.20appliances other than security or fire alarm systems installed in a residential dwelling are
85.21not required to hold a license under sections 326.241 to 326.248.
85.22(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
85.23employees are not required to hold or obtain a license under sections 326.241 to 326.248
85.24when performing heating, ventilating, air conditioning, or refrigeration work as described
85.25in section 326.245.
85.26(e) Employees of any electric electrical, communications, or railway utility, cable
85.27communications company as defined in section 238.02, or a telephone company as defined
85.28under section 237.01 or its employees, or of any independent contractor performing work
85.29on behalf of any such utility, cable communications company, or telephone company, shall
85.30not be required to hold a license under sections 326.241 to 326.248:
85.31(1) while performing work on installations, materials, or equipment which are owned
85.32or leased, and operated and maintained by such utility, cable communications company, or
85.33telephone company in the exercise of its utility, antenna, or telephone function, and which
85.34(i) are used exclusively for the generation, transformation, distribution, transmission,
85.35or metering of electric current, or the operation of railway signals, or the transmission
85.36of intelligence and do not have as a principal function the consumption or use of electric
86.1current or provided service by or for the benefit of any person individual other than such
86.2utility, cable communications company, or telephone company, and
86.3(ii) are generally accessible only to employees of such utility, cable communications
86.4company, or telephone company or persons acting under its control or direction, and
86.5(iii) are not on the load side of the service point or point of entrance for
86.6communication systems;
86.7(2) while performing work on installations, materials, or equipment which are a part
86.8of the street lighting operations of such utility; or
86.9(3) while installing or performing work on outdoor area lights which are directly
86.10connected to a utility's distribution system and located upon the utility's distribution poles,
86.11and which are generally accessible only to employees of such utility or persons acting
86.12under its control or direction.
86.13(f) An owner shall not be required to hold or obtain a license under sections 326.241
86.14to 326.248.

86.15    Sec. 22. Minnesota Statutes 2006, section 326.243, is amended to read:
86.16326.243 SAFETY STANDARDS.
86.17    All electrical wiring, apparatus and equipment for electric electrical light, heat and
86.18power, technology circuits or systems shall comply with the rules of the department of
86.19Commerce or the Department of Labor and Industry, as applicable, Board of Electricity
86.20and be installed in conformity with accepted standards of construction for safety to life
86.21and property. For the purposes of this chapter, the rules and safety standards stated at
86.22the time the work is done in the then most recently published edition of the National
86.23Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
86.24by the American National Standards Institute, and the National Electrical Safety Code
86.25as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
86.26by the American National Standards Institute, shall be prima facie evidence of accepted
86.27standards of construction for safety to life and property; provided further, that in the event
86.28a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved
86.29methods of electrical construction for safety to life and property, compliance with said
86.30methods of electrical construction of said Minnesota Building Code shall also constitute
86.31compliance with this section, and provided further, that nothing herein contained shall
86.32prohibit any political subdivision from making and enforcing more stringent requirements
86.33than set forth herein and such requirements shall be complied with by all licensed
86.34electricians working within the jurisdiction of such political subdivisions.

86.35    Sec. 23. Minnesota Statutes 2006, section 326.244, subdivision 1, is amended to read:
87.1    Subdivision 1. Required inspection. Except where any political subdivision has by
87.2ordinance provided for electrical inspection similar to that herein provided, every new
87.3electrical installation in any construction, remodeling, replacement, or repair, except minor
87.4repair work as the same is defined by the board by rule, shall be inspected by the board for
87.5compliance with accepted standards of construction for safety to life and property.

87.6    Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
87.7    Subd. 1a. Technology systems. (a) The installation of the technology circuits or
87.8systems described in paragraph (b), except:
87.9    (1) minor work performed by a contractor;
87.10    (2) work performed by a heating, ventilating, or air conditioning contractor as
87.11described in section 326.245; and
87.12    (3) work performed by cable company employees when installing cable
87.13communications systems or telephone company employees when installing telephone
87.14systems,
87.15must be inspected as provided in this section for compliance with the applicable provisions
87.16of the National Electrical Code and the applicable provisions of the National Electrical
87.17Safety Code, as those codes were approved by the American National Standards Institute.
87.18    (b) The inspection requirements in paragraph (a) apply to:
87.19    (1) remote control circuits controlling class 2 or class 3 remote control circuits that
87.20control circuits or systems other than class 2 or class 3 and indoor lighting, except circuits
87.21that interconnect these systems exempted by section 326.242, subdivision 12, paragraph
87.22(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures,
87.23or devices containing physically unprotected circuits other than class 2 or class 3; or
87.24technology circuits and systems in hazardous classified locations as covered by chapter 5
87.25of the National Electrical Code;
87.26    (2) fire alarm systems, other than in one- or two-family dwellings, as defined in
87.27articles 100 and 760 of the National Electrical Code;
87.28    (3) technology circuits and systems contained within critical care areas of health
87.29care facilities as defined by the safety standards identified in section 326.243, including,
87.30but not limited to, anesthesia and resuscitative alarm and alerting systems, medical
87.31monitoring, and nurse call systems; and
87.32    (4) physical security systems within detention facilities.; and
87.33    (5) circuitry and equipment for indoor lighting systems as defined in article 411
87.34of the National Electrical Code.
87.35    (c) For the purposes of this subdivision "minor work" means the adjustment or repair
87.36and replacement of worn or defective parts of a technology circuit or system. Minor
88.1work may be inspected under this section at the request of the owner of the property
88.2or the person individual doing the work.
88.3    (d) Notwithstanding this subdivision, if an electrical inspector observes that a
88.4contractor, employer, or owner has not complied with accepted standards when the
88.5work was performed, as provided in the most recent editions of the National Electrical
88.6Code and the National Electrical Safety Code as approved by the American National
88.7Standards Institute, the inspector may order the contractor, employer, or owner who has
88.8performed the work to file a request for electrical inspection, pay an inspection fee, and
88.9make any necessary repairs to comply with applicable standards and require that the
88.10work be inspected.

88.11    Sec. 25. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision
88.12to read:
88.13    Subd. 1b. Licenses; bond. All inspectors shall hold licenses as master or
88.14journeyman electricians under this chapter. All inspectors under contract with the
88.15department to provide electrical inspection services shall give bond in the amount of
88.16$1,000, conditioned upon the faithful performance of their duties.

88.17    Sec. 26. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:
88.18    Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall
88.19not be subject to inspection under sections 326.241 to 326.248:
88.20    (1) when owned or leased, operated and maintained by any employer whose
88.21maintenance electricians are exempt from licensing under sections 326.241 to 326.248,
88.22while performing electrical maintenance work only as defined by board rule;
88.23    (2) when owned or leased, and operated and maintained by any electric electrical,
88.24communications, or railway utility, cable communications company as defined in section
88.25238.02 , or telephone company as defined under section 237.01, in the exercise of its
88.26utility, antenna, or telephone function; and
88.27    (i) are used exclusively for the generations, transformation, distribution,
88.28transmission, or metering of electric current, or the operation of railway signals, or the
88.29transmission of intelligence, and do not have as a principal function the consumption or
88.30use of electric current by or for the benefit of any person individual other than such utility,
88.31cable communications company, or telephone company; and
88.32    (ii) are generally accessible only to employees of such utility, cable communications
88.33company, or telephone company or persons acting under its control or direction; and
88.34    (iii) are not on the load side of the service point or point of entrance for
88.35communication systems;
88.36    (3) when used in the street lighting operations of an electric electrical utility;
89.1    (4) when used as outdoor area lights which are owned and operated by an electric
89.2electrical utility and which are connected directly to its distribution system and located
89.3upon the utility's distribution poles, and which are generally accessible only to employees
89.4of such utility or persons acting under its control or direction;
89.5    (5) when the installation, material, and equipment are in facilities subject to the
89.6jurisdiction of the federal Mine Safety and Health Act; or
89.7    (6) when the installation, material, and equipment is part of an elevator installation
89.8for which the elevator contractor, licensed under section 326.242, is required to obtain
89.9a permit from the authority having jurisdiction as provided by section 16B.747, and
89.10the inspection has been or will be performed by an elevator inspector certified by the
89.11department of Administration and licensed by the Board of Electricity. This exemption
89.12shall apply only to installations, material, and equipment permitted or required to be
89.13connected on the load side of the disconnecting means required for elevator equipment
89.14under National Electric Electrical Code Article 620, and elevator communications and
89.15alarm systems within the machine room, car, hoistway, or elevator lobby.

89.16    Sec. 27. Minnesota Statutes 2006, section 326.244, subdivision 6, is amended to read:
89.17    Subd. 6. Site inspections. The board may, without advance notice, inspect
89.18any site at which electrical work is being performed or has been performed or where
89.19records concerning the performance of electrical work are kept for purposes of ensuring
89.20compliance with sections 326.241 to 326.248 or any rule or order adopted or issued under
89.21these sections. With respect to electrical work performed at or records kept in an occupied
89.22private dwelling, all inspections permitted by this subdivision shall occur during normal
89.23business hours and shall be preceded by advance notice, which need not be in writing. The
89.24board shall have the authority to examine and copy all records concerning the performance
89.25of electrical work and to question in private all persons employed by a contractor or on the
89.26site. No person individual shall retaliate in any manner against any employee or person
89.27individual who is questioned by, cooperates with, or provides information to the board, its
89.28complaint committee, or the attorney general.

89.29    Sec. 28. Minnesota Statutes 2006, section 326.2441, is amended to read:
89.30326.2441 INSPECTION FEE SCHEDULE.
89.31    Subdivision 1. Schedule. State electrical inspection fees shall be paid according to
89.32calculated according to subdivisions 2 to 13 15.
89.33    Subd. 2. Fee for each separate inspection. The minimum fee for each separate
89.34inspection of an installation, replacement, alteration, or repair is $20 30.
90.1    Subd. 3. Fee for services, generators, other power supply sources, or feeders to
90.2separate structures. The inspection fee for the installation, addition, alteration, or repair
90.3of each service, change of service, temporary service, generator, other power supply
90.4source, or feeder to a separate structure is:
90.5    (1) 0 ampere to and including 400 ampere capacity, $25 $35;
90.6    (2) 401 ampere to and including 800 ampere capacity, $50 $60; and
90.7    (3) ampere capacity above 800, $75 $100.
90.8    Where multiple disconnects are grouped at a single location and are supplied by a
90.9single set of supply conductors the cumulative rating of the overcurrent devices shall be
90.10used to determine the supply ampere capacity.
90.11    Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer secondary
90.12conductors. The inspection fee for the installation, addition, alteration, or repair of
90.13each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
90.14the equipment served, is:
90.15    (1) 0 ampere to and including 200 ampere capacity, $5 $6; and
90.16    (2) ampere capacity above 200, $10 $15.
90.17    Where existing feeders and circuits are reconnected to overcurrent devices installed
90.18as part of the replacement of an existing disconnect, switchboard, motor control center, or
90.19panelboard, the inspection fee for each circuit or feeder is $2.
90.20    Subd. 5. Limitations to fees of subdivisions 3 and 4 Inspection fee for dwellings.
90.21    (a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family
90.22dwelling with a supply of up to 500 amperes where a combination of ten or more sources
90.23of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80.
90.24is the following:
90.25    (1) the fee for each service or other source of power as provided in subdivision 3;
90.26    (2) $100 for up to 30 feeders and circuits; and
90.27    (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
90.28This fee applies to each separate installation for new dwellings and additions, alterations,
90.29or repairs to existing dwellings and includes not more than two inspections. where 15
90.30or more feeders or circuits are installed or extended in connection with any addition,
90.31alteration, or repair to existing dwellings. Where existing feeders and circuits are
90.32reconnected to overcurrent devices installed as part of the replacement of an existing
90.33panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
90.34of separate inspections shall be determined in accordance with subdivision 2. The
90.35fee for additional inspections or other installations is that specified in subdivisions 2
90.36to, 4, 6, and 8. The installer may submit fees for additional inspections when filing the
91.1request for electrical inspection. The fee for each detached accessory structure directly
91.2associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
91.34. When included on the same request for electrical inspection form, inspection fees for
91.4detached accessory structures directly associated with the dwelling unit may be combined
91.5with the dwelling unit fees to determine the maximum number of separate inspections in
91.6accordance with subdivision 2.
91.7    (b) The inspection fee for each dwelling unit of a multifamily dwelling with three
91.8to 12 or more dwelling units is $50 and the fee for each additional dwelling unit is $25.
91.9$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
91.10or circuit. This fee applies to each separate installation for each new dwelling unit and
91.11where ten or more feeders or circuits are installed or extended in connection with any
91.12addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
91.13are reconnected to overcurrent devices installed as part of the replacement of an existing
91.14panelboard, the fee for each feeder or circuit is $2. The maximum number of separate
91.15inspections for each dwelling unit shall be determined according to subdivision 2. The fee
91.16for additional inspections or other installation is that specified in subdivisions 2, 4, 6, and
91.178. These fees include only inspection of the wiring within individual dwelling units and
91.18the final feeder to that unit. This limitation is subject to the following conditions where:
91.19    (1) the multifamily dwelling is provided with common service equipment and
91.20each dwelling unit is supplied by a separate feeder extended from the common service
91.21distribution equipment. The fee for multifamily dwelling services or other power source
91.22supplies and all other circuits is that specified in subdivisions 2 to 4; and.
91.23    (2) this limitation applies only to new installations for multifamily dwellings where
91.24the majority of the individual dwelling units are available for inspection during each
91.25inspection trip.
91.26    (c) A separate request for electrical inspection form must be filed for each dwelling
91.27unit that is supplied with an individual set of service entrance conductors. These fees are
91.28the one-family dwelling rate specified in paragraph (a).
91.29    Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical
91.30supply for each manufactured home park lot is $25 $35. This fee includes the service or
91.31feeder conductors up to and including the service equipment or disconnecting means.
91.32The fee for feeders and circuits that extend from the service or disconnecting means is
91.33that specified in subdivision 4.
91.34    (b) The fee for each recreational vehicle site electrical supply equipment is $5 $6
91.35for each circuit originating within the equipment. The fee for recreational vehicle park
91.36services, feeders, and circuits is that specified in subdivisions 3 and 4.
92.1    (c) The fee for each street, parking lot, or outdoor area lighting standard is $1, and the
92.2fee for each traffic signal standard is $5. Circuits originating within the standard or traffic
92.3signal controller shall not be used when computing calculating the fee for each standard.
92.4    (d) The fee for transformers for light, heat, and power is $10 $15 for transformers
92.5rated up to ten kilovolt-amperes and $20 $30 for transformers rated in excess of ten
92.6kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power
92.7supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
92.8supplies.
92.9    (e) The fee for transformers and electronic power supplies for electric signs and
92.10outline lighting is $5 per unit.
92.11    (f) The fee for alarm, communication, remote control, and signaling technology
92.12circuits or systems, and circuits of less than 50 volts, is 50 75 cents for each system device
92.13or apparatus.
92.14    (g) The fee for each separate inspection of the bonding for a swimming pool, spa,
92.15fountain, an equipotential plane for an agricultural confinement area, or similar installation
92.16shall be $20 is $35. Bonding conductors and connections require an inspection before
92.17being concealed.
92.18    (h) The fee for all wiring installed on center pivot irrigation booms is $40 $35 plus
92.19$5 for each electrical drive unit.
92.20    (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
92.21lighting fixture luminaire.
92.22    (j) When a separate inspection of a concrete-encased grounding electrode is
92.23performed, the fee is $35.
92.24    (k) The fees required by subdivisions 3 and 4 are doubled for installations over
92.25600 volts.
92.26    Subd. 7. Investigation fees: work without a request for electrical inspection.
92.27    (a) Whenever any work for which a request for electrical inspection is required by the
92.28board has begun without the request for electrical inspection form being filed with the
92.29board, a special investigation shall be made before a request for electrical inspection form
92.30is accepted by the board.
92.31    (b) An investigation fee, in addition to the full fee required by subdivisions 1
92.32to 6, shall be paid before an inspection is made. The investigation fee is two times the
92.33hourly rate minimum fee specified in subdivision 10 2 or the inspection fee required
92.34by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
92.35investigation fee does not exempt any person from compliance with all other provisions of
92.36the board department rules or statutes nor from any penalty prescribed by law.
93.1    Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5,
93.2when reinspection is necessary to determine whether unsafe conditions identified during a
93.3final inspection have been corrected and the conditions are not the subject of an appeal
93.4pending before the board commissioner or any court, a reinspection fee of $20 may $35
93.5shall be assessed in writing by the inspector.
93.6    Subd. 9. Supplemental fee. When inspections scheduled by the installer are
93.7preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
93.8to circumstances beyond the control of the inspector, a supplemental inspection fee of
93.9$20 may $35 shall be assessed in writing by the inspector.
93.10    Subd. 10. Special inspection. For inspections not covered in this section, or for
93.11requested special inspections or services, the fee shall be $30 is $80 per hour, including
93.12travel time, plus 31 cents the standard mileage rate per mile traveled, plus the reasonable
93.13cost of equipment or material consumed. This provision is applicable to inspection of
93.14empty conduits and other jobs as may be determined by the board. This fee may also be
93.15assessed when installations are not accessible by roadway and require alternate forms of
93.16transportation. or are located in the Northwest Angle, or when inspections are performed
93.17outside of Minnesota. For purposes of this subdivision, the standard mileage rate is the
93.18standard mileage rate effective at the time of travel, as established by the Internal Revenue
93.19Service for computing the deductible costs of operating an automobile for business
93.20expense purposes.
93.21    Subd. 11. Inspection of transitory projects. (a) For inspection of transitory
93.22projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
93.23sites, and portable road construction plants, the inspection procedures and fees are as
93.24specified in paragraphs (b) to (i).
93.25    (b) The fee for inspection of each generator or other source of supply is that specified
93.26in subdivision 3. A like fee is required at each engagement or setup.
93.27    (c) In addition to the fee for generators or other sources of supply, there must be an
93.28inspection of all installed feeders, circuits, and equipment at each engagement or setup at
93.29the hourly rate specified in subdivision 10, with a two-hour one-hour minimum.
93.30    (d) An owner, operator, or appointed representative of a transitory enterprise
93.31including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
93.32shows, portable road construction plants, and similar enterprises shall notify the board of
93.33its itinerary or schedule and make application for initial inspection a minimum of 14 days
93.34before its first engagement or setup. An owner, operator, or appointed representative of
93.35a transitory enterprise who fails to notify the board 14 days before its first engagement
94.1or setup may be subject to the investigation fees specified in subdivision 7. The owner,
94.2operator, or appointed representative shall request inspection and pay the inspection
94.3fee for each subsequent engagement or setup at the time of the initial inspection. For
94.4subsequent engagements or setups not listed on the itinerary or schedule submitted to the
94.5board and where the board is not notified at least 48 hours in advance, a charge of $100
94.6may be made in addition to all required fees.
94.7    (e) Amusement rides, devices, concessions, attractions, or other units must be
94.8inspected at their first appearance of the year. The inspection fee is $20 $35 per unit with a
94.9supply of up to 60 amperes and $30 $40 per unit with a supply above 60 amperes.
94.10    (f) An additional fee at the hourly rate specified in subdivision 10 must be charged
94.11for additional time spent by each inspector if equipment is not ready or available for
94.12inspection at the time and date specified on the application for initial inspection or the
94.13request for electrical inspection form.
94.14    (g) In addition to the fees specified in paragraphs (a) and (b), a fee of two hours
94.15one hour at the hourly rate specified in subdivision 10 must be charged for inspections
94.16required to be performed on Saturdays, Sundays, holidays, or after regular business hours.
94.17    (h) The fee for reinspection of corrections or supplemental inspections where an
94.18additional trip is necessary may be assessed as specified in subdivision 8.
94.19    (i) The board may shall retain the inspection fee when an owner, operator, or
94.20appointed representative of a transitory enterprise fails to notify the board at least 48 hours
94.21in advance of a scheduled inspection that is canceled.
94.22    Subd. 11a. Negotiated fee. When the fee calculated according to subdivisions 2 to
94.2311 results in a total fee that unreasonably exceeds the cost of inspection, the board may
94.24negotiate a fee that more reasonably offsets the cost of inspection.
94.25    Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling
94.26of the paper form requesting an electrical inspection is up to $1.
94.27    Subd. 13. National Electrical Code used for interpretation of provisions. For
94.28purposes of interpretation of interpreting this section and Minnesota Rules, chapter 3800,
94.29the most recently adopted edition of the National Electrical Code shall be prima facie
94.30evidence of the definitions, interpretations, and scope of words and terms used.
94.31EFFECTIVE DATE.This section is effective July 1, 2007.

94.32    Sec. 29. REPEALER.
94.33Minnesota Statutes 2006, section 326.01, subdivision 4, is repealed.


95.1    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:
95.2    Subd. 7. Journeyman plumber. A "journeyman plumber" is any person an
95.3individual, other than a master plumber, who, as a principal occupation, is engaged as an
95.4employee of, or is otherwise working under the direction of, a master plumber in the
95.5practical installation of plumbing.

95.6    Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:
95.7    Subd. 8. Master plumber. A "master plumber" is any person an individual who is
95.8skilled in the planning, superintending, and the practical installation of plumbing and, who
95.9is otherwise lawfully qualified to contract for plumbing and installations and to conduct
95.10the business of plumbing and who is familiar with the laws and rules governing the same.

95.11    Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 9, is amended to read:
95.12    Subd. 9. Plumber's apprentice. A "plumber's apprentice" is any person an
95.13individual, other than a journeyman or master plumber, who, as a principal occupation, is
95.14engaged in working as an employee of a plumbing contractor plumbing work under the
95.15immediate and personal direct supervision of either a master or journeyman plumber or
95.16plumbing contractor in learning to learn and assisting assist in the installation of plumbing.
95.17EFFECTIVE DATE.This section is effective July 1, 2007.

95.18    Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read:
95.19326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY
95.20STANDARDS; LICENSE EXEMPTION.
95.21    Subdivision 1. Rules. The state commissioner of health may, by rule, prescribe
95.22minimum standards which shall be uniform, and which standards shall thereafter be
95.23effective for all new plumbing installations, including additions, extensions, alterations,
95.24and replacements connected with any water or sewage disposal system owned or operated
95.25by or for any municipality, institution, factory, office building, hotel, apartment building,
95.26or any other place of business regardless of location or the population of the city or town in
95.27which the installation is to be located. Notwithstanding the provisions of Minnesota Rules,
95.28part 4715.3130, as they apply to review of plans and specifications, the commissioner may
95.29allow plumbing construction, alteration, or extension to proceed without approval of the
95.30plans or specifications by the commissioner.
95.31    The commissioner shall administer the provisions of sections 326.37 326.361 to
95.32326.45 326.44 and for such purposes may employ plumbing inspectors and other assistants.
95.33    Subd. 1a. Agreements with municipalities. The commissioner may enter into an
95.34agreement with a municipality, in which the municipality agrees to perform plan and
96.1specification reviews required to be performed by the commissioner under Minnesota
96.2Rules, part 4715.3130, if:
96.3    (a) the municipality has adopted:
96.4    (1) the plumbing code;
96.5    (2) an ordinance that requires plumbing plans and specifications to be submitted to,
96.6reviewed, and approved by the municipality, except as provided in paragraph (h);
96.7    (3) an ordinance that authorizes the municipality to perform inspections required by
96.8the plumbing code; and
96.9    (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
96.10entirety, except as provided in paragraph (p);
96.11    (b) the municipality agrees to review plumbing plans and specifications for all
96.12construction for which the plumbing code requires the review of plumbing plans and
96.13specifications, except as provided in paragraph (n);
96.14    (c) the municipality agrees that, when it reviews plumbing plans and specifications
96.15under paragraph (b), the review will:
96.16    (1) reflect the degree to which the plans and specifications affect the public health
96.17and conform to the provisions of the plumbing code;
96.18    (2) ensure that there is no physical connection between water supply systems that
96.19are safe for domestic use and those that are unsafe for domestic use; and
96.20    (3) ensure that there is no apparatus through which unsafe water may be discharged
96.21or drawn into a safe water supply system;
96.22    (d) the municipality agrees to perform all inspections required by the plumbing
96.23code in connection with projects for which the municipality reviews plumbing plans and
96.24specifications under paragraph (b);
96.25    (e) the commissioner determines that the individuals who will conduct the
96.26inspections and the plumbing plan and specification reviews for the municipality do not
96.27have any conflict of interest in conducting the inspections and the plan and specification
96.28reviews;
96.29    (f) individuals who will conduct the plumbing plan and specification reviews for
96.30the municipality are:
96.31    (1) licensed master plumbers;
96.32    (2) licensed professional engineers; or
96.33    (3) individuals who are working under the supervision of a licensed professional
96.34engineer and who: are licensed plumbers; hold a postsecondary degree in engineering; or
96.35are certified by a national model code organization on plumbing systems;
97.1    (g) individuals who will conduct the plumbing plan and specification reviews for
97.2the municipality have passed a competency assessment required by the commissioner to
97.3assess the individual's competency at reviewing plumbing plans and specifications;
97.4    (h) individuals who will conduct the plumbing inspections for the municipality
97.5are licensed master or journeyman plumbers, or inspectors meeting the competency
97.6requirements established in rules adopted under section 16B.655;
97.7    (i) the municipality agrees to enforce in its entirety the plumbing code on all
97.8projects, except as provided in paragraph (p);
97.9    (j) the municipality agrees to keep official records of all documents received,
97.10including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
97.11and certificates issued, reports of inspections, and notices issued in connection with
97.12plumbing inspections and the review of plumbing plans and specifications;
97.13    (k) the municipality agrees to maintain the records described in paragraph (j) in the
97.14official records of the municipality for the period required for the retention of public
97.15records under section 138.17, and shall make these records readily available for review at
97.16the request of the commissioner;
97.17    (l) the municipality and the commissioner agree that if at any time during the
97.18agreement the municipality does not have in effect the plumbing code or any of ordinances
97.19described in item (a), or if the commissioner determines that the municipality is not
97.20properly administering and enforcing the plumbing code or is otherwise not complying
97.21with the agreement:
97.22    (1) the commissioner may, effective 14 days after the municipality's receipt of
97.23written notice, terminate the agreement;
97.24    (2) the municipality may challenge the termination in a contested case before the
97.25commissioner according to the Administrative Procedure Act; and
97.26    (3) while any challenge is pending under item (2), the commissioner shall perform
97.27plan and specification reviews within the municipality under Minnesota Rules, part
97.284715.3130;
97.29    (m) the municipality and the commissioner agree that the municipality may terminate
97.30the agreement with or without cause on 90 days' written notice to the commissioner;
97.31    (n) the municipality and the commissioner agree that the municipality shall forward
97.32to the state for review all plumbing plans and specifications for the following types of
97.33projects within the municipality:
97.34    (1) hospitals, nursing homes, supervised living facilities, and similar
97.35health-care-related facilities regulated by the Minnesota Department of Health;
97.36    (2) buildings owned by the federal or state government; and
98.1    (3) projects of a special nature for which department review is requested by either
98.2the municipality or the state;
98.3    (o) where the municipality forwards to the state for review plumbing plans and
98.4specifications, as provided in paragraph (n), the municipality shall not collect any fee for
98.5plan review, and the commissioner shall collect all applicable fees for plan review; and
98.6    (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
98.7license issued by the state.
98.8    Subd. 1b. Existing agreements with municipalities. Any agreement between the
98.9commissioner and a municipality in which the municipality has agreed to perform plan
98.10and specification reviews required to be performed by the commissioner under Minnesota
98.11Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall
98.12remain in effect and shall not be required to be in compliance with subdivision 1a. If any
98.13agreement to perform plan and specification reviews required to be performed by the
98.14commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of
98.15subdivision 1a is later terminated by operation of the terms of the agreement or by either
98.16the commissioner or the municipality, or expires, then any new agreement between the
98.17commissioner and the municipality to perform plan and specification reviews required to
98.18be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply
98.19with subdivision 1a.
98.20    Subd. 2. Standards for capacity. By January 1, 1993, All new floor-mounted water
98.21closets in areas under jurisdiction of the State plumbing code may not have a flush volume
98.22of more than 1.6 gallons. The water closets must meet the standards of the commissioner
98.23and in the plumbing code and the standards of the American National Standards Institute.
98.24    Subd. 3. Exemption. No license or registration authorized by this section sections
98.25326.361 to 326.44 shall be required of any contractor or employee individual engaged
98.26in or employed by a person engaged in the work or business of pipe laying outside of
98.27buildings if such person individual or employer is engaged in a business or trade which
98.28has traditionally performed such work within the state prior to January 1, 1994.

98.29    Sec. 5. Minnesota Statutes 2006, section 326.38, is amended to read:
98.30326.38 LOCAL REGULATIONS.
98.31    Any city having a system of waterworks or sewerage, or any town in which reside
98.32over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
98.33airports commission, Any of the following entities may, by ordinance, adopt local
98.34regulations providing for plumbing permits, bonds, approval of plans and specifications,
98.35and inspections of plumbing, which regulations are not in conflict with the plumbing
99.1standards on the same subject prescribed by the state commissioner of health. code: any
99.2city having a system of waterworks or sewerage, regardless of population; any town
99.3having a population of 5,000 or more according to the last federal census, exclusive of any
99.4statutory cities located therein; and the Metropolitan Airports Commission. No city or
99.5such town such entity shall prohibit plumbers licensed by the state commissioner of health
99.6from engaging in or working at the business of plumbing, except cities and statutory cities
99.7which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No such
99.8entity shall require any person who engages in the business of plumbing to post a bond
99.9as a prerequisite for engaging in the business of plumbing, except the bond to the state
99.10required under section 326.40 and except any performance bond required under a contract
99.11with the person for the performance of plumbing work for the entity. No such entity shall
99.12require any person who engages in the business of plumbing to maintain public liability
99.13insurance as a prerequisite for engaging in the business of plumbing, except the insurance
99.14required under section 326.40 and except any public liability insurance required under
99.15a contract with the person for the performance of plumbing work for the entity. Any
99.16city by ordinance may prescribe regulations, reasonable standards, and inspections and
99.17grant permits to any person, firm, or corporation engaged in the business of installing
99.18water softeners, who is not licensed as a master plumber or journeyman plumber by the
99.19state commissioner of health, to connect water softening and water filtering equipment
99.20to private residence water distribution systems, where provision has been previously
99.21made therefor and openings left for that purpose or by use of cold water connections to
99.22a domestic water heater; where it is not necessary to rearrange, make any extension or
99.23alteration of, or addition to any pipe, fixture or plumbing connected with the water system
99.24except to connect the water softener, and provided the connections so made comply with
99.25minimum standards prescribed by the state commissioner of health.

99.26    Sec. 6. Minnesota Statutes 2006, section 326.39, is amended to read:
99.27326.39 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER
99.28OF HEALTH.
99.29    Such local authority as may be designated by any such ordinance for the issuance of
99.30such plumbing permits and approval of such plans shall report to the state commissioner
99.31of health of labor and industry persistent or willful violation of the same and any
99.32incompetence of a licensed plumber observed by the local authority.

99.33    Sec. 7. Minnesota Statutes 2006, section 326.40, is amended to read:
99.34326.40 LICENSING, BOND AND INSURANCE.
99.35    Subdivision 1. License required Plumbers must be licensed in certain cities;
99.36master and journeyman plumbers; plumbing on one's own premises; rules for
100.1examination. In any city now or hereafter having 5,000 or more population having a
100.2population of 5,000 or more, according to the last federal census, and having a system
100.3of waterworks or sewerage, no person, firm, or corporation individual shall engage in or
100.4work at the business of a master plumber or journeyman plumber unless licensed to do so
100.5by the state commissioner of health. A master plumber may also work as a journeyman
100.6plumber. Anyone Any individual not so licensed may do plumbing work which complies
100.7with the provisions of the minimum standard prescribed by the state commissioner of
100.8health on premises or that part of premises owned and actually occupied by the worker as
100.9a residence, unless otherwise forbidden to do so by a local ordinance.
100.10    In any such city no person, firm, or corporation shall engage in the business of
100.11planning, superintending, or installing plumbing nor or shall install plumbing in connection
100.12with the dealing in and selling of plumbing material and supplies unless at all times a
100.13licensed master plumber, who shall be responsible for proper planning, superintending,
100.14and installation, is in charge of the plumbing work of the person, firm, or corporation.
100.15    The department of Health shall prescribe rules, not inconsistent herewith, for the
100.16examination and licensing of plumbers.
100.17    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give
100.18bond to the state in the amount of $25,000 for all work entered into within the state. The
100.19bond shall be for the benefit of persons injured or suffering financial loss by reason of
100.20failure to comply with the requirements of the State Plumbing Code. A The bond given to
100.21the state shall be filed with the commissioner of health and shall be in lieu of all other
100.22bonds to any political subdivision required for plumbing work. The bond shall be written
100.23by a corporate surety licensed to do business in the state.
100.24    In addition, each applicant for a master plumber license or renewal thereof, may
100.25shall provide evidence of public liability insurance, including products liability insurance
100.26with limits of at least $50,000 per person and $100,000 per occurrence and property
100.27damage insurance with limits of at least $10,000. The insurance shall be written by an
100.28insurer licensed to do business in the state of Minnesota and each licensed master plumber
100.29shall maintain on file with the state commissioner of health a certificate evidencing the
100.30insurance providing that the insurance shall not be canceled without the insurer first giving
100.3115 days written notice to the commissioner. The term of the insurance shall be concurrent
100.32with the term of the license. The certificate shall be in lieu of all other certificates required
100.33by any political subdivision for licensing purposes.
100.34    Subd. 3. Bond and insurance exemption. If a master plumber who is an employee
100.35of a master plumber or who is an employee engaged within the limits of property owned,
100.36leased and operated, or maintained by the employer, in the maintenance and repair of
101.1plumbing equipment, apparatus, or facilities owned or leased by the employer, who is in
101.2compliance with the bond and insurance requirements of subdivision 2 employs another
101.3master plumber, the employee master plumber shall not be required to meet the bond and
101.4insurance requirements of subdivision 2. A master plumber who is an employee working
101.5on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or
101.6leased by their employer and which is within the limits of property owned or leased, and
101.7operated or maintained by their employer, shall not be required to meet the bond and
101.8insurance requirements of subdivision 2.
101.9    Subd. 4. Alternative compliance. Compliance with the local bond requirements of
101.10a locale within which work is to be performed shall be deemed to satisfy the bond and
101.11insurance requirements of subdivision 2, provided the local ordinance requires at least a
101.12$25,000 bond.
101.13    Subd. 5. Fee. The state commissioner of health may charge Each person giving
101.14bond to the state under subdivision 2 shall pay the department an annual bond filing
101.15registration fee commensurate with the cost of administering the bond and insurance
101.16requirements of subdivision 2 of $40.
101.17EFFECTIVE DATE.This section is effective December 1, 2007, except that the
101.18amendments to subdivision 5 are effective July 1, 2007.

101.19    Sec. 8. Minnesota Statutes 2006, section 326.401, is amended to read:
101.20326.401 PLUMBER'S APPRENTICES.
101.21    Subdivision 1. Registration. A All plumber's apprentice must be registered. To be a
101.22registered plumber's apprentice, an individual must either:
101.23    (1) be an apprentice employed in the trade of plumbing under an apprenticeship
101.24agreement approved by the department under Minnesota Rules, part 5200.0300; or
101.25    (2) be registered with the commissioner of health on a registration application form
101.26supplied by the commissioner showing the date of beginning training, age, schooling,
101.27previous experience, employer, and other information required by the commissioner.
101.28under subdivision 3 as an unlicensed individual on a registration application form supplied
101.29by the apprenticeship council showing the date of beginning training, schooling, and
101.30previous experience. A registered plumber's apprentice is authorized to assist in the
101.31installation of plumbing only while under the direct supervision of a master or journeyman
101.32plumber. The master or journeyman plumber is responsible for ensuring that all plumbing
101.33work performed by the registered plumber's apprentice complies with the plumbing code.
101.34    Subd. 2. Journeyman exam. A registered plumber's apprentice who has
101.35completed four years of practical plumbing experience is eligible to take the journeyman
102.1plumbing examination. Up to 24 months of practical plumbing experience prior to
102.2registration as an apprentice becoming a registered plumber's apprentice may be applied
102.3to the four-year experience requirement. However, none of this practical plumbing
102.4experience may be applied if the person individual did not have any practical plumbing
102.5experience in the 12-month period immediately prior to registration becoming a registered
102.6plumber's apprentice. The commissioner may adopt rules to evaluate whether the
102.7person's individual's past practical plumbing experience is applicable in preparing for the
102.8journeyman's examination. If two years after completing the training the person individual
102.9has not taken the examination, the four years of experience shall be forfeited.
102.10    The commissioner may allow an extension of the two-year period for taking the
102.11exam for cases of hardship or other appropriate circumstances.
102.12    Subd. 3. Registration, rules, applications, renewals, and fees. The Department
102.13of Health may assess fees to pay for the administration of the apprentice registration
102.14program. A plumber's apprentice may register by completing and submitting to the
102.15commissioner a registration form provided by the commissioner. A completed registration
102.16form must state the date the apprentice began training, the apprentice's age, schooling,
102.17previous experience, and employer, and other information required by the commissioner.
102.18The department may prescribe rules, not inconsistent with this section, for the registration
102.19of plumber's apprentice. Each applicant for initial registration as a plumber's apprentice
102.20shall pay the department an application fee of $25. Applications for initial registration
102.21may be submitted at any time. Registration must be renewed annually and shall be for the
102.22period from July 1 of each year to June 30 of the following year. Applications for renewal
102.23registration must be received by the commissioner by June 30 of each registration period
102.24on forms provided by the commissioner, and must be accompanied by a fee of $25. An
102.25application for renewal registration received on or after July 1 in any year but no more
102.26than three months after expiration of the previously issued registration must pay the past
102.27due renewal fee plus a late fee of $25. No applications for renewal registration will be
102.28accepted more than three months after expiration of the previously issued registration.
102.29EFFECTIVE DATE.This section is effective July 1, 2007.

102.30    Sec. 9. Minnesota Statutes 2006, section 326.405, is amended to read:
102.31326.405 RECIPROCITY WITH OTHER STATES.
102.32    The commissioner of health may issue a temporary license without examination,
102.33upon payment of the required fee, nonresident applicants who are licensed under the laws
102.34of a state having standards for licensing plumbers which the commissioner determines
102.35are substantially equivalent to the standards of this state if the other state grants similar
103.1privileges to Minnesota residents duly licensed in this state. Applicants who receive a
103.2temporary license under this section may acquire a cumulative 24 months of experience
103.3before they have to apply and pass the plumbing licensing examination. Applicants must
103.4register with the commissioner of labor and industry and the commissioner shall set a fee
103.5for a temporary license. Applicants have four years in which to comply with this section.

103.6    Sec. 10. Minnesota Statutes 2006, section 326.42, is amended to read:
103.7326.42 APPLICATIONS, FEES.
103.8    Subdivision 1. Application. Applications for plumber's license shall be made to
103.9the state commissioner of health, with fee. Unless the applicant is entitled to a renewal,
103.10the applicant shall be licensed by the state commissioner of health only after passing a
103.11satisfactory examination by the examiners showing fitness. Unless examination fees have
103.12been set by a contract under section 326B.05, examination fees for both journeyman and
103.13master plumbers shall be in an amount prescribed by the state commissioner of health
103.14pursuant to section 144.122 $50 for each examination. Upon being notified that of having
103.15successfully passed the examination for original license the applicant shall submit an
103.16application, with the license fee herein provided. License fees shall be in an amount
103.17prescribed by the state commissioner of health pursuant to section 144.122. Licenses shall
103.18expire and be renewed as prescribed by the commissioner pursuant to section 144.122.
103.19The license fee for each initial and renewal master plumber's license shall be $120. The
103.20license fee for each initial and renewal journeyman plumber's license shall be $55. The
103.21commissioner may by rule prescribe for the expiration and renewal of licenses. Any
103.22licensee who does not renew a license within two years after the license expires is no
103.23longer eligible for renewal. Such an individual must retake and pass the examination
103.24before a new license will be issued. A journeyman or master plumber who submits a
103.25license renewal application after the time specified in rule but within two years after the
103.26license expired must pay all past due renewal fees plus a late fee of $25.
103.27    Subd. 2. Fees for plan reviews and audits. Plumbing system plans and
103.28specifications that are submitted to the commissioner for review shall be accompanied by
103.29the appropriate plan examination fees. If the commissioner determines, upon review of
103.30the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior
103.31to plan approval. The commissioner shall charge the following fees for plan reviews and
103.32audits of plumbing installations for public, commercial, and industrial buildings:
103.33    (1) systems with both water distribution and drain, waste, and vent systems and
103.34having:
103.35    (i) 25 or fewer drainage fixture units, $150;
103.36    (ii) 26 to 50 drainage fixture units, $250;
104.1    (iii) 51 to 150 drainage fixture units, $350;
104.2    (iv) 151 to 249 drainage fixture units, $500;
104.3    (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum
104.4of $4,000; and
104.5    (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch
104.6basin design;
104.7    (2) building sewer service only, $150;
104.8    (3) building water service only, $150;
104.9    (4) building water distribution system only, no drainage system, $5 per supply
104.10fixture unit or $150, whichever is greater;
104.11    (5) storm drainage system, a minimum fee of $150 or:
104.12    (i) $50 per drain opening, up to a maximum of $500; and
104.13    (ii) $70 per interceptor, separator, or catch basin design;
104.14    (6) manufactured home park or campground, one to 25 sites, $300;
104.15    (7) manufactured home park or campground, 26 to 50 sites, $350;
104.16    (8) manufactured home park or campground, 51 to 125 sites, $400;
104.17    (9) manufactured home park or campground, more than 125 sites, $500;
104.18    (10) accelerated review, double the regular fee, one-half to be refunded if no
104.19response from the commissioner within 15 business days; and
104.20    (11) revision to previously reviewed or incomplete plans:
104.21    (i) review of plans for which the commissioner has issued two or more requests for
104.22additional information, per review, $100 or ten percent of the original fee, whichever
104.23is greater;
104.24    (ii) proposer-requested revision with no increase in project scope, $50 or ten percent
104.25of original fee, whichever is greater; and
104.26    (iii) proposer-requested revision with an increase in project scope, $50 plus the
104.27difference between the original project fee and the revised project fee.
104.28    Subd. 3. Inspection fees. The commissioner shall charge the following fees for
104.29inspections under sections 326.361 to 326.44:

104.30	Residential inspection fee (each visit)	$50
104.31 104.32	Public, commercial, and industrial inspections	Inspection fee
104.33	25 or fewer drainage fixture units	$300
104.34	26 to 50 drainage fixture units	$900
104.35	51 to 150 drainage fixture units	$1,200
104.36	151 to 249 drainage fixture units	$1,500
105.1	250 or more drainage fixture units	$1,800
105.2	Callback fee (each visit)	$100

105.3EFFECTIVE DATE.This section is effective July 1, 2007.

105.4    Sec. 11. [326B.41] PURPOSE.
105.5    The purpose of sections 326B.41 to 326B.49 is to promote the public health and
105.6safety through properly designed, acceptably installed, and adequately maintained
105.7plumbing systems.

105.8    Sec. 12. [326B.42] DEFINITIONS.
105.9    Subdivision 1. Words, terms, and phrases. For purposes of sections 326B.41 to
105.10326B.49, the terms defined in this section have the meanings given to them.
105.11    Subd. 2. Direct supervision. The term "direct supervision," with respect to direct
105.12supervision of a plumber's apprentice by a master or journeyman plumber, means that:
105.13    (1) at all times while the plumber's apprentice is performing plumbing work, the
105.14master or journeyman plumber is present at the location where the plumber's apprentice is
105.15working;
105.16    (2) the master or journeyman plumber is physically present and immediately
105.17available to the plumber's apprentice at all times for assistance and direction;
105.18(3) any form of electronic supervision does not meet the requirement of physically
105.19present;
105.20    (4) the master or journeyman plumber actually reviews the plumbing work
105.21performed by the plumber's apprentice before the plumbing is operated; and
105.22    (5) the master or journeyman plumber is able to and does determine that all
105.23plumbing work performed by the plumber's apprentice is performed in compliance with
105.24the plumbing code.
105.25    Subd. 5. Municipality. The term "municipality" shall have the meaning given to it
105.26in section 16B.60, subdivision 3.
105.27    Subd. 6. Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.

105.28    Sec. 13. REVISOR'S INSTRUCTION.
105.29    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
105.30column A with the number listed in column B. The revisor shall also make necessary
105.31cross-referenced changes consistent with the renumbering.

105.32	Column A	Column B
105.33	326.01, subd. 7	326B.42, subd. 3
105.34	326.01, subd. 8	326B.42, subd. 4
106.1	326.01, subd. 9	326B.42, subd. 7
106.2	326.37	326B.43
106.3	326.38	326B.44
106.4	326.39	326B.45
106.5	326.40	326B.46
106.6	326.401	326B.47
106.7	326.405	326B.48
106.8	326.42	326B.49

106.11    Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
106.12    Subdivision 1. Rulemaking by commissioner of health. The state commissioner
106.13of health shall, by rule, prescribe minimum standards which shall be uniform, and
106.14which standards shall thereafter be effective for all new water conditioning servicing
106.15and water conditioning installations, including additions, extensions, alterations, and
106.16replacements connected with any water or sewage disposal system owned or operated by
106.17or for any municipality, institution, factory, office building, hotel, apartment building or
106.18any other place of business, regardless of location or the population of the city, county
106.19or town in which located. Such rules, upon approval of the attorney general and their
106.20legal publication, shall have the force of law, and the violation of any part thereof shall
106.21constitute a misdemeanor and may be enjoined by the attorney general.

106.22    Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:
106.23326.58 LOCAL REGULATIONS.
106.24    Any city or town with a population of 5,000 or more persons according to the last
106.25federal census may, by ordinance, adopt local regulations providing for water conditioning
106.26permits, bonds, approval of plans, and inspections of water conditioning installations and
106.27servicing, which regulations shall not be in conflict with the water conditioning standards
106.28on the same subject prescribed by the state commissioner of health. No such city or
106.29town shall prohibit water conditioning contractors or installers licensed by the state
106.30commissioner of health from engaging in or working at the business.

106.31    Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:
106.32326.59 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER
106.33OF HEALTH.
106.34    Such local authority as may be designated by any such ordinance for the issuance
106.35of such water conditioning installation and servicing permits and approval of such plans
106.36shall report to the state commissioner of health persistent or willful violations of the
107.1same and any incompetence of a licensed water conditioning contractor or licensed water
107.2conditioning installer observed by the local authority.

107.3    Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:
107.4326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
107.5    Subdivision 1. Licensing in certain cities. In any city or town now or hereafter
107.6having a population of 5,000 or more according to the last federal census, no person, firm,
107.7or corporation shall engage in or work at the business of water conditioning installation or
107.8servicing after January 1, 1970, unless (a) (1) at all times a person an individual licensed
107.9as a water conditioning contractor by the state commissioner of health shall be responsible
107.10for the proper water conditioning installation and servicing work of such person, firm, or
107.11corporation, and (b) (2) all installations, other than exchanges of portable equipment, are
107.12actually made performed by a licensed water conditioning contractor or licensed water
107.13conditioning installer. Anyone Any individual not so licensed may do perform water
107.14conditioning work which that complies with the provisions of the minimum standard
107.15prescribed by the state commissioner of health on premises or that part of premises owned
107.16and actually occupied by the worker as a residence, unless otherwise forbidden to do so
107.17prohibited by a local ordinance.
107.18    Subd. 2. Qualifications for licensing. A water conditioning contractor license
107.19shall be issued only to a person an individual who has demonstrated skill in planning,
107.20superintending, and servicing water conditioning installations. A water conditioning
107.21installer license shall only be issued to a person an individual other than a water
107.22conditioning contractor who has demonstrated practical knowledge of water conditioning
107.23installation.
107.24    Subd. 3. Rules. The state commissioner of health shall:
107.25    (a) (1) prescribe rules, not inconsistent herewith, for the licensing of water
107.26conditioning contractors and installers;
107.27    (b) (2) license water conditioning contractors and installers;
107.28    (c) (3) prescribe rules not inconsistent herewith for the examining of water
107.29conditioning contractors and installers prior to first granting a license as a water
107.30conditioning contractor or water conditioning installer; and
107.31    (d) (4) collect an examination fee from each examinee for a license as a water
107.32conditioning contractor and a an examination fee from each examinee for a license
107.33as a water conditioning installer in an amount prescribed by the state commissioner of
107.34health pursuant to set forth in section 144.122 326.62. A water conditioning installer
108.1must successfully pass the examination for water conditioning contractors before being
108.2licensed as a water conditioning contractor.

108.3    Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:
108.4326.601 ALTERNATIVE STATE BONDING AND INSURANCE
108.5REGULATION.
108.6    Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or
108.7installer license or renewal thereof who is required by any political subdivision to give a
108.8bond to obtain or maintain the license, may comply with any political subdivision bonding
108.9requirement by giving a bond to the state as described in paragraph (b). No applicant for a
108.10water conditioning contractor or installer license who maintains the bond under paragraph
108.11(b) shall be otherwise required to meet the bond requirements of any political subdivision.
108.12    (b) Each bond given to the state under this subdivision shall be in the total penal sum
108.13of $3,000 conditioned upon the faithful and lawful performance of all water conditioning
108.14contracting or installing work done within the state. The bond shall be for the benefit of
108.15persons suffering injuries or damages due to the work. The bond shall be filed with the
108.16commissioner of health and shall be written by a corporate surety licensed to do business
108.17in this state. No applicant for a water conditioning contractor or installer license who
108.18maintains the bond under this subdivision shall be otherwise required to meet the bond
108.19requirements of any political subdivision. The bond must remain in effect at all times
108.20while the application is pending and while the license is in effect.
108.21    Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or
108.22installer license or renewal thereof may, in lieu of all other insurance requirements of any
108.23political subdivision for said licensing purposes, maintain the insurance specified by
108.24this subdivision. who is required by any political subdivision to maintain insurance to
108.25obtain or maintain the license may comply with any political subdivision's insurance
108.26requirement by maintaining the insurance described in paragraph (b). No applicant for a
108.27water conditioning contractor or installer license who maintains the insurance described
108.28in paragraph (b) shall be otherwise required to meet the insurance requirements of any
108.29political subdivision.
108.30    (b) The insurance shall provide coverage, including products liability coverage,
108.31for all damages in connection with licensed work for which the licensee is liable, with
108.32personal damage limits of at least $50,000 per person and $100,000 per occurrence and
108.33property damage insurance with limits of at least $10,000. The insurance shall be written
108.34by an insurer licensed to do business in this state and each licensed water conditioning
108.35contractor or installer shall maintain on file with the commissioner of health a certificate
108.36evidencing the insurance shall be filed with the commissioner. The insurance must remain
109.1in effect at all times while the application is pending and while the license is in effect. The
109.2insurance shall not be canceled without the insurer first giving 15 days' written notice to
109.3the commissioner.
109.4    Subd. 3. Bond and insurance exemption. A water conditioning contractor or
109.5installer who is an employee of a water conditioning contractor or installer, including
109.6an employee engaged in the maintenance and repair of water conditioning equipment,
109.7apparatus, or facilities owned, leased and operated, or maintained by the employer, is
109.8not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of
109.9any political subdivision.
109.10    Subd. 4. Fee. The commissioner of health may establish by rule an additional
109.11fee commensurate with the cost of administering the bond and insurance requirements
109.12of subdivisions 1 and 2, which may be charged shall collect a $40 bond registration fee
109.13from each applicant for issuance or renewal of a water conditioning contractor or installer
109.14license who elects to proceed under subdivisions 1 and 2.
109.15EFFECTIVE DATE.This section is effective December 1, 2007, except that the
109.16amendments to subdivision 4 are effective July 1, 2007.

109.17    Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
109.18    Subdivision 1. Water conditioning installation. "Water conditioning installation"
109.19as used in sections 326.57 to 326.65 means the installation of appliances, appurtenances,
109.20and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical
109.21or bacterial content, said installation to be made in a water distribution system serving a
109.22single family residential unit, which has been initially established by a licensed plumber,
109.23and does not involve a direct connection without an air gap to a soil or waste pipe.

109.24    Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
109.25    Subd. 2. Water conditioning servicing. "Water conditioning servicing" as used in
109.26sections 326.57 to 326.65 means the servicing (including servicing prior to installation) of
109.27a water conditioning installation.

109.28    Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
109.29    Subd. 3. Rules. In order to provide effective protection of the public health, the
109.30state commissioner of health may by rule prescribe limitations on the nature of alteration
109.31to, extension of, or connection with, the said water distribution system initially established
109.32by a licensed plumber which may be performed by a person licensed hereunder, and may
109.33by rule in appropriate instances require filing of plans, blueprints and specifications prior
109.34to commencement of installation. Such rules, upon approval of the attorney general and
110.1their legal publication, shall have the force of law, and the violation of any part thereof
110.2shall constitute a misdemeanor. The installation of water heaters shall not constitute water
110.3conditioning installation and consequently such work shall be accomplished in accordance
110.4with the provisions of sections 326.37 326.361 to 326.45 326.44.

110.5    Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
110.6    Subd. 4. Single family residential unit. "Single family residential unit" as used in
110.7sections 326.57 to 326.65 means a building or portion thereof which is arranged, designed,
110.8used or intended to be used for residential occupancy by one family, but not including a
110.9motel, hotel or rooming house.

110.10    Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:
110.11326.62 APPLICATIONS; FEES.
110.12    Applications for water conditioning contractor's or installer's licenses shall be
110.13made to the state commissioner of health with the fee prescribed by the commissioner
110.14pursuant to section 144.122. Licenses shall expire and be renewed as prescribed by
110.15the commissioner pursuant to section 144.122. Unless examination fees have been set
110.16by a contract under section 326B.05, examination fees for both water conditioning
110.17contractors and water conditioning installers shall be $50 for each examination. Each
110.18water conditioning contractor and installer license shall expire on December 31 of the year
110.19for which it was issued. The license fee for each initial water conditioning contractor's
110.20license shall be $70, except that the license fee shall be $35 if the application is submitted
110.21during the last three months of the calendar year. The license fee for each renewal water
110.22conditioning contractor's license shall be $70. The license fee for each initial water
110.23conditioning installer license shall be $35, except that the license fee shall be $17.50 if the
110.24application is submitted during the last three months of the calendar year. The license fee
110.25for each renewal water conditioning installer license shall be $35. The commissioner may
110.26by rule prescribe for the expiration and renewal of licenses. Any licensee who does not
110.27renew a license within two years after the license expires is no longer eligible for renewal.
110.28Such an individual must retake and pass the examination before a new license will be
110.29issued. A water conditioning contractor or water conditioning installer who submits a
110.30license renewal application after the time specified in rule but within two years after the
110.31license expired must pay all past due renewal fees plus a late fee of $25.
110.32EFFECTIVE DATE.This section is effective July 1, 2007.

110.33    Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:
110.34326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
111.1    The provisions of sections 326.57 to 326.65 which that require the obtaining of
111.2licenses to engage in the work or business of water conditioning installation, and the
111.3provisions which that provide for the examination of applicants for such licenses, shall
111.4only apply to work accomplished in cities or towns having populations of 5,000 or more
111.5according to the last federal census, and shall not apply to master plumbers and journeymen
111.6plumbers licensed under the provisions of sections 326.37 326.361 to 326.45 326.44.

111.7    Sec. 12. [326.651] RECIPROCITY WITH OTHER STATES.
111.8    The commissioner may issue a temporary license without examination, upon
111.9payment of the required fee, nonresident applicants who are licensed under the laws of a
111.10state having standards for licensing which the commissioner determines are substantially
111.11equivalent to the standards of this state if the other state grants similar privileges to
111.12Minnesota residents duly licensed in this state. Applicants who receive a temporary
111.13license under this section may acquire a cumulative 24 months of experience before
111.14they have to apply and pass the licensing examination. Applicants must register with the
111.15commissioner of labor and industry and the commissioner shall set a fee for a temporary
111.16license. Applicants have four years in which to comply with this section.

111.17    Sec. 13. [326B.50] DEFINITIONS.
111.18    Subdivision 1. Words, terms, and phrases. For the purposes of sections 326B.50
111.19to 326B.59, the terms defined in this section have the meanings given them.

111.20    Sec. 14. REVISOR'S INSTRUCTION.
111.21    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
111.22column A with the number listed in column B. The revisor shall also make necessary
111.23cross-reference changes consistent with the renumbering.

111.24	Column A	Column B
111.25	326.57	326B.52
111.26	326.58	326B.53
111.27	326.59	326B.54
111.28	326.60	326B.55
111.29	326.601	326B.56
111.30	326.61, subd. 1	326B.50, subd. 3
111.31	326.61, subd. 2	326B.50, subd. 4
111.32	326.61, subd. 3	326B.57
111.33	326.61, subd. 4	326B.50, subd. 2
111.34	326.62	326B.58
111.35	326.65	326B.59

112.1    Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:
112.2325E.58 SIGN CONTRACTOR; BOND.
112.3    (a) A sign contractor may post a compliance bond with the commissioner,
112.4conditioned that the sign contractor shall faithfully perform duties and comply with laws,
112.5ordinances, rules, and contracts entered into for the installation of signs. The bond must
112.6be renewed annually and maintained for so long as determined by the commissioner. The
112.7aggregate liability of the surety on the bond to any and all persons, regardless of the
112.8number of claims made against the bond, may not exceed the annual amount of the bond.
112.9The bond may be canceled as to future liability by the surety upon 30 days' written notice
112.10mailed to the commissioner by United States mail.
112.11    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by
112.12a local unit of government that requires sign installers contractors to post a compliance
112.13bond. The bond is in lieu of any compliance bond required by a local unit of government.
112.14    (c) For purposes of this section, "sign" means a device, structure, fixture, or
112.15placard using graphics, symbols, or written copy that is erected on the premises of an
112.16establishment including the name of the establishment or identifying the merchandise,
112.17services, activities, or entertainment available on the premises.

112.18    Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
112.19    Subd. 6. Lessee. "Lessee" means one who rents or leases residential real estate
112.20pursuant to a written lease agreement of at least one year's duration.

112.21    Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
112.22    Subd. 7. Licensee. "Licensee" means a residential building contractor, residential
112.23remodeler, manufactured home installer, or residential roofer licensed under sections
112.24326.83 to 326.991 326.98.

112.25    Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
112.26    Subd. 11. Owner. Except in section 326.91, subdivision 1, "owner" means a person
112.27who has any legal or equitable interest in real property. For purposes of sections 326.83
112.28to 326.991, "owner" does not include a residential building contractor or residential
112.29remodeler who constructs or improves its own property for purposes of speculation. A
112.30residential building contractor or residential remodeler will be presumed to be building or
112.31improving for purposes of speculation if it constructs or improves more than one property
112.32within any 24-month period. "Owner," when used in connection with real property, means
112.33a person who has any legal or equitable interest in the real property.

112.34    Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
113.1    Subd. 18. Residential roofer. "Residential roofer" means a person in the business
113.2of contracting, or offering to contract with an owner, to complete work on residential real
113.3estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of
113.4roof systems, but not construction of new roof systems.

113.5    Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
113.6    Subd. 19. Special skill. "Special skill" means one of the following eight categories:
113.7    (a) Excavation. Excavation includes work in any of the following areas:
113.8    (1) excavation;
113.9    (2) trenching;
113.10    (3) grading; and
113.11    (4) site grading.
113.12    (b) Masonry and concrete. Masonry and concrete includes work in any of the
113.13following areas:
113.14    (1) drain systems;
113.15    (2) poured walls;
113.16    (3) slabs and poured-in-place footings;
113.17    (4) masonry walls;
113.18    (5) masonry fireplaces;
113.19    (6) masonry veneer; and
113.20    (7) water resistance and waterproofing.
113.21    (c) Carpentry. Carpentry includes work in any of the following areas:
113.22    (1) rough framing;
113.23    (2) finish carpentry;
113.24    (3) doors, windows, and skylights;
113.25    (4) porches and decks, excluding footings;
113.26    (5) wood foundations; and
113.27    (6) drywall installation, excluding taping and finishing.
113.28    (d) Interior finishing. Interior finishing includes work in any of the following areas:
113.29    (1) floor covering;
113.30    (2) wood floors;
113.31    (3) cabinet and counter top installation;
113.32    (4) insulation and vapor barriers;
113.33    (5) interior or exterior painting;
113.34    (6) ceramic, marble, and quarry tile;
113.35    (7) ornamental guardrail and installation of prefabricated stairs; and
113.36    (8) wallpapering.
114.1    (e) Exterior finishing. Exterior finishing includes work in any of the following
114.2areas:
114.3    (1) siding;
114.4    (2) soffit, fascia, and trim;
114.5    (3) exterior plaster and stucco;
114.6    (4) painting; and
114.7    (5) rain carrying systems, including gutters and down spouts.
114.8    (f) Drywall and plaster. Drywall and plaster includes work in any of the following
114.9areas:
114.10    (1) installation;
114.11    (2) taping;
114.12    (3) finishing;
114.13    (4) interior plaster;
114.14    (5) painting; and
114.15    (6) wallpapering.
114.16    (g) Residential roofing. Residential roofing includes work in any of the following
114.17areas:
114.18    (1) roof coverings;
114.19    (2) roof sheathing;
114.20    (3) roof weatherproofing and insulation; and
114.21    (4) repair of roof support system, but not construction of new roof support system.
114.22    (h) General installation specialties. Installation includes work in any of the
114.23following areas:
114.24    (1) garage doors and openers;
114.25    (2) pools, spas, and hot tubs;
114.26    (3) fireplaces and wood stoves;
114.27    (4) asphalt paving and seal coating; and
114.28    (5) exterior plaster and stucco; and
114.29    (6) ornamental guardrail and prefabricated stairs.

114.30    Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:
114.31    Subd. 20. Specialty contractor. "Specialty contractor" means a person in the
114.32business of contracting or offering to contract to build or improve residential real estate by
114.33providing only one special skill as defined in this section.

114.34    Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:
114.35326.84 LICENSING REQUIREMENTS.
115.1    Subdivision 1. Persons required to be licensed. A person who meets the definition
115.2of a residential building contractor as defined in section 326.83, subdivision 15, must be
115.3licensed as a residential building contractor by the commissioner. A person who meets
115.4the definition of a residential remodeler as defined in section 326.83, subdivision 16,
115.5or a residential building contractor as defined in section 326.83, subdivision 15, must
115.6be licensed as a residential building contractor or residential remodeler. 16, must be
115.7licensed by the commissioner as a residential remodeler or residential building contractor.
115.8A person who meets the definition of a residential roofer as defined in section 18 must
115.9be licensed by the commissioner as a residential roofer, residential building contractor,
115.10or residential remodeler. A person who meets the definition of a manufactured home
115.11installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured
115.12home installer by the commissioner.
115.13    Subd. 1a. Persons who may be licensed. A person who meets the definition of
115.14a specialty contractor as defined in section 326.83, subdivision 20 19, may be licensed
115.15by the commissioner as a residential building contractor or residential remodeler unless
115.16required to be licensed by the state as a specialty contractor.
115.17    Subd. 1b. Prohibition. Except as provided in subdivision 3, no persons required
115.18to be licensed by subdivision 1 may act or hold themselves out as a residential building
115.19contractors or contractor, residential remodelers remodeler, residential roofer, or
115.20manufactured home installer for compensation without a valid license issued by the
115.21commissioner.
115.22    Subd. 1c. Licensing criteria. The examination and education requirements for
115.23licensure under sections 326.84 to 326.991 326.98 must be fulfilled by a qualifying person
115.24designated by the potential licensee. If the qualifying person is a managing employee, the
115.25qualifying person must be an employee who is regularly employed by the licensee and
115.26is actively engaged in the business of residential contracting or residential remodeling
115.27on behalf of the licensee. For a sole proprietorship, the qualifying person must be the
115.28proprietor or managing employee. For a partnership, the qualifying person must be a
115.29general partner or managing employee. For a limited liability company, the qualifying
115.30person must be a chief manager or managing employee. For a corporation, the qualifying
115.31person must be a chief executive officer an owner, officer, or managing employee. A
115.32qualifying person for a corporation or limited liability company may act as a the qualifying
115.33person for one additional corporation if one of the following conditions exists:
115.34    (1) there is a common ownership of at least 25 percent of each licensed corporation
115.35for which the person acts in a qualifying capacity; or
116.1    (2) one corporation is a subsidiary of another corporation for which the same person
116.2acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of
116.3which at least 25 percent is owned by the parent corporation. more than one corporation
116.4or limited liability company if there is common ownership of at least 25 percent among
116.5each of the licensed corporations or limited liability companies for which the person
116.6acts in the capacity of qualifying person.
116.7    Subd. 1d. Required information. (a) Each licensee or applicant for licensure shall
116.8provide to the commissioner a current street address and telephone number where the
116.9licensee resides, and a street address and telephone number where the licensee's business
116.10is physically located. A post office box address is not sufficient to satisfy this requirement.
116.11Each licensee or applicant for licensure must notify the commissioner in writing of any
116.12change in the required information within 15 days of the change.
116.13    (b) Each licensee or applicant for licensure must notify the commissioner in writing
116.14upon any change in control, ownership, officers or directors, personal name, business
116.15name, license name, or qualifying person, within 15 days of the change.
116.16    (c) Each licensee or applicant for licensure must notify the commissioner in writing if
116.17the licensee or applicant for licensure is found to be a judgment debtor based upon conduct
116.18requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
116.19    (d) Each licensee or applicant for licensure must notify the commissioner in writing
116.20within 15 days of filing a petition for bankruptcy.
116.21    (e) Each licensee or applicant for licensure must notify the commissioner in writing
116.22within ten days if the licensee or applicant for licensure has been found guilty of a felony,
116.23gross misdemeanor, misdemeanor, or any comparable offense related to residential
116.24contracting, including convictions of fraud, misrepresentation, misuse of funds, theft,
116.25criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this
116.26or any other state or any other United States jurisdiction.
116.27    Subd. 1e. ........ The commissioner may issue a temporary license without
116.28examination, upon payment of the required fee, nonresident applicants who are licensed
116.29under the laws of a state having standards for licensing which the commissioner
116.30determines are substantially equivalent to the standards of this state if the other state
116.31grants similar privileges to Minnesota residents duly licensed in this state. Applicants who
116.32receive a temporary license under this section may acquire a cumulative 24 months of
116.33experience before they have to apply and pass the licensing examination. Applicants must
116.34register with the commissioner of labor and industry and the commissioner shall set a fee
116.35for a temporary license. Applicants have four years in which to comply with this section.
117.1    Subd. 3. Exemptions. The license requirement does not apply to:
117.2    (1) an employee of a licensee performing work for the licensee;
117.3    (2) a material person, manufacturer, or retailer furnishing finished products,
117.4materials, or articles of merchandise who does not install or attach the items;
117.5    (3) an owner or owners of residential real estate who build or improve builds or
117.6improves any structure on residential real estate and who do the work themselves or
117.7jointly with the owner's own, if the building or improving is performed by the owner's
117.8bona fide employees or by individual owners personally. This exemption does not apply
117.9to a person who engages in a pattern of building or improving real estate for purposes of
117.10resale. Such a pattern is presumed to exist if the person constructs or improves more
117.11than one property within any 24-month period; an owner who constructs or improves
117.12property for purposes of speculation if the building or improving is performed by the
117.13owner's bona fide employees or by individual owners personally. A residential building
117.14contractor or residential remodeler will be presumed to be building or improving for
117.15purposes of speculation if the contractor or remodeler constructs or improves more than
117.16one property within any 24-month period.
117.17    (4) an architect or professional engineer engaging in professional practice as defined
117.18in this chapter by section 326.02, subdivisions 2 and 3;
117.19    (5) a person whose total gross annual receipts from projects regulated under this
117.20section for performing specialty skills for which licensure would be required under this
117.21section do not exceed $15,000;
117.22    (6) a mechanical contractor;
117.23    (7) a plumber, electrician, or other person whose profession is otherwise subject to
117.24statewide licensing, when engaged in the activity which is the subject of that licensure;
117.25    (8) specialty contractors who provide only one special skill as defined in section
117.26326.83 ;
117.27    (9) a school district, or a technical college governed under chapter 136F; and
117.28    (10) manufactured housing installers; and
117.29    (11) (10) Habitat for Humanity and Builders Outreach Foundation, and their
117.30individual volunteers when engaged in activities on their behalf.
117.31    To qualify for the exemption in clause (5), a person must obtain a certificate of
117.32exemption from licensing licensure from the commissioner.
117.33    A certificate of exemption will be issued upon the applicant's filing with the
117.34commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in
117.35gross annual receipts derived from contracting activities during the calendar year for which
117.36the exemption is requested performing services which require licensure under this section.
118.1    To renew the exemption in clause (5), the applicant must file an affidavit stating that
118.2the applicant did not exceed $15,000 in gross annual receipts during the past calendar
118.3year, and the applicant does not expect to exceed $15,000 in gross annual receipts during
118.4the calendar year for which the exemption is requested.
118.5    If a person, operating under the exemption in clause (5), exceeds $15,000 in gross
118.6receipts during any calendar year, the person must immediately surrender the exemption
118.7certificate and apply for the appropriate license. The person must remain licensed until
118.8such time as the person's gross annual receipts during a calendar year fall below $15,000.
118.9The person may then apply for this an exemption for the next calendar year.

118.10    Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:
118.11326.841 MANUFACTURED HOME INSTALLERS.
118.12    (a) Manufactured home installers are subject to all of the requirements of sections
118.13326.83 to 326.98, except for the following:
118.14    (1) manufactured home installers are not members of the advisory council under
118.15section 326.85;
118.16    (2) (1) manufactured home installers are not subject to the continuing education
118.17requirements of section 326.87, but are subject to the continuing education requirements
118.18established in rules adopted under section 327B.10 ;
118.19    (3) (2) the examination requirement of section 326.89, subdivision 3, for
118.20manufactured home installers shall be satisfied by successful completion of a written
118.21examination designed administered and developed specifically for the examination of
118.22manufactured home installers. The examination must be designed administered and
118.23developed by the commissioner in conjunction with the state building code division. The
118.24commissioner and State Building Code Division the state building official shall seek
118.25advice on the grading, monitoring, and updating of examinations from the Minnesota
118.26Manufactured Housing Association;
118.27    (4) the amount of the bond required by section 326.94 shall be $2,500 for
118.28manufactured home installers;
118.29    (5) (3) a local government unit may not place a surcharge on a license fee, and
118.30may not charge a separate fee to installers;
118.31    (6) (4) a dealer or distributor who does not install or repair manufactured homes is
118.32exempt from licensure under sections 326.83 to 326.98; and
118.33    (7) (5) the exemption under section 326.84, subdivision 3, clause (5), does not
118.34apply.; and
118.35    (6) manufactured home installers are not subject to the contractor recovery fund
118.36in section 326.975.
119.1    (b) The commissioner may waive all or part of the requirements for licensure
119.2as a manufactured home installer for any individual who holds an unexpired license or
119.3certificate issued by any other state or other United States jurisdiction if the licensing
119.4requirements of that jurisdiction meet or exceed the corresponding licensing requirements
119.5of the department.

119.6    Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:
119.7326.842 RESIDENTIAL ROOFERS.
119.8    Residential roofers are subject to all of the requirements of sections 326.83 to 326.98
119.9and 326.991, except the recovery fund in section 326.975.

119.10    Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:
119.11326.86 FEES.
119.12    Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to
119.13sections 326.83 to 326.991 326.98 is $100 $70 per year.
119.14    Subd. 2. Local surcharge. A local government unit may place a surcharge in an
119.15amount no greater than $5 on each land use, zoning, or building permit that requires a
119.16licensed residential building contractor, residential remodeler, or specialty contractor
119.17residential roofer, or manufactured home installer for the purpose of license verification.
119.18The local government may verify a license by telephone or, facsimile machine or
119.19electronic communication. A local government unit shall not issue a land use, zoning, or
119.20building permit unless the required license has been verified and is current.
119.21EFFECTIVE DATE.The amendments to subdivision 1 are effective July 1, 2007.
119.22The amendments to subdivision 2 are effective December 1, 2007.

119.23    Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:
119.24326.87 CONTINUING EDUCATION.
119.25    Subdivision 1. Standards. The commissioner, in consultation with the council,
119.26may must by rule adopt standards for continuing education requirements and course and
119.27instructor approval. The standards must include requirements for continuing education
119.28in the implementation of energy codes applicable to buildings and other building codes
119.29designed to conserve energy. Except for the course content, the standards must be
119.30consistent with the standards established for real estate agents and other professions
119.31licensed by the Department of Commerce. At a minimum, the content of one hour of any
119.32required continuing education must contain information on lead abatement rules and
119.33safe lead abatement procedures.
120.1    Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion
120.2of seven 16 hours of continuing education per year in the regulated industry in which the
120.3licensee is licensed. To the extent the commissioner considers it appropriate, courses or
120.4parts of courses may be considered to satisfy both continuing education requirements
120.5under this section and continuing real estate education requirements.
120.6    Credit may not be earned if the licensee has previously obtained credit for the same
120.7course as either a student or instructor during the same licensing period.
120.8    Subd. 3. Accessibility. To the extent possible, the commissioner shall ensure that
120.9continuing education courses are offered throughout the state and are easily accessible
120.10to all licensees.
120.11    Subd. 4. Renewal of accreditation approval. The commissioner is authorized to
120.12establish a procedure for renewal of course accreditation approval.
120.13    Subd. 5. Content. (a) Continuing education consists of approved courses that
120.14impart appropriate and related knowledge in the regulated industries according to sections
120.15326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related
120.16knowledge is upon the person seeking approval or credit.
120.17    (b) Course examinations will not be required for continuing education courses
120.18unless they are required by the sponsor.
120.19    (c) Textbooks are not required to be used for continuing education courses. If
120.20textbooks are not used, the coordinator must provide students with a syllabus containing,
120.21at a minimum, the course title, the times and dates of the course offering, the names and
120.22addresses or telephone numbers of the course coordinator and instructor, and a detailed
120.23outline of the subject materials to be covered. Any written or printed material given to
120.24students must be of readable quality and contain accurate and current information.
120.25    (d) Upon completion of an approved course, licensees shall earn one hour of
120.26continuing education credit for each hour approved by the commissioner. Each continuing
120.27education course must be attended in its entirety in order to receive credit for the number
120.28of approved hours. Courses may be approved for full or partial credit, and for more than
120.29one regulated industry.
120.30    Continuing education credit in an approved course shall be awarded to presenting
120.31instructors on the basis of one credit for each hour of preparation for the initial presentation,
120.32which may not exceed three hours total credit for each approved course. Continuing
120.33education credit may not be earned if the licensee has previously obtained credit for the
120.34same course as a licensee or as an instructor within the three years immediately prior.
120.35    (e) The following courses will not be approved for credit:
121.1    (1) courses designed solely to prepare students for a license examination;
121.2    (2) courses in mechanical office or business skills, including typing, speed reading,
121.3or other machines or equipment. Computer courses are allowed, if appropriate and related
121.4to the regulated industry of the licensee;
121.5    (3) courses in sales promotion, including meetings held in conjunction with the
121.6general business of the licensee;
121.7    (4) courses in motivation, salesmanship, psychology, time management, or
121.8communication; or
121.9    (5) courses that are primarily intended to impart knowledge of specific products of
121.10specific companies, if the use of the product or products relates to the sales promotion or
121.11marketing of one or more of the products discussed.
121.12    Subd. 6. Course approval. (a) Courses must be approved by the commissioner
121.13in advance and will be approved on the basis of the applicant's compliance with the
121.14provisions of this section relating to continuing education in the regulated industries. The
121.15commissioner shall make the final determination as to the approval and assignment of
121.16credit hours for courses. Courses must be at least one hour in length.
121.17    Individuals requesting credit for continuing education courses that have not
121.18been previously approved shall, on a form prescribed by the commissioner, submit an
121.19application for approval of continuing education credit accompanied by a nonrefundable
121.20fee of $10 for each course to be reviewed. To be approved, courses must be in compliance
121.21with the provisions of this section governing the types of courses that will and will not
121.22be approved.
121.23    Approval will not be granted for time spent on meals or other unrelated activities.
121.24Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
121.25offered by a provider to any one student for longer than eight hours in one day, excluding
121.26meal breaks.
121.27    (b) Application for course approval must be submitted 30 days before the course
121.28offering.
121.29    (c) Approval must be granted for a subsequent offering of identical continuing
121.30education courses without requiring a new application if a notice of the subsequent
121.31offering is filed with the commissioner at least 30 days in advance of the date the course is
121.32to be held. The commissioner shall deny future offerings of courses if they are found not
121.33to be in compliance with the laws relating to course approval.
121.34    Subd. 7. Courses open to all. All course offerings must be open to any interested
121.35individuals. Access may be restricted by the sponsor based on class size only. Courses
122.1must not be approved if attendance is restricted to any particular group of people, except
122.2for company-sponsored courses allowed by applicable law.
122.3    Subd. 8. Course coordinator. (a) Each course of study shall have at least one
122.4coordinator, approved by the commissioner, who is responsible for supervising the
122.5program and ensuring compliance with all relevant law. Sponsors may engage an
122.6additional approved coordinator in order to assist the coordinator or to act as a substitute
122.7for the coordinator in the event of an emergency or illness.
122.8    (b) The commissioner shall approve as a coordinator a person meeting one or more
122.9of the following criteria:
122.10    (1) at least three years of full-time experience in the administration of an education
122.11program during the five-year period immediately before the date of application;
122.12    (2) a degree in education plus two years' experience during the immediately
122.13preceding five-year period in one of the regulated industries for which courses are being
122.14approved; or
122.15    (3) a minimum of five years' experience within the previous six years in the regulated
122.16industry for which courses are held.
122.17    Subd. 9. Responsibilities. A coordinator is responsible for:
122.18    (1) ensuring compliance with all laws and rules relating to continuing educational
122.19offerings governed by the commissioner;
122.20    (2) ensuring that students are provided with current and accurate information relating
122.21to the laws and rules governing their licensed activity;
122.22    (3) supervising and evaluating courses and instructors. Supervision includes
122.23ensuring that all areas of the curriculum are addressed without redundancy and that
122.24continuity is present throughout the entire course;
122.25    (4) ensuring that instructors are qualified to teach the course offering;
122.26    (5) furnishing the commissioner, upon request, with copies of course and instructor
122.27evaluations and qualifications of instructors. Evaluations must be completed by students at
122.28the time the course is offered and by coordinators within five days after the course offering;
122.29    (6) investigating complaints related to course offerings or instructors. A copy of
122.30the written complaint must be sent to the commissioner within ten days of receipt of
122.31the complaint and a copy of the complaint resolution must be sent not more than ten
122.32days after resolution is reached;
122.33    (7) maintaining accurate records relating to course offerings, instructors, tests
122.34taken by students if required, and student attendance for a period of three years from the
122.35date on which the course was completed. These records must be made available to the
122.36commissioner upon request. In the event that a sponsor ceases operation for any reason,
123.1the coordinator is responsible for maintaining the records or providing a custodian for the
123.2records acceptable to the commissioner. The coordinator must notify the commissioner
123.3of the name and address of that person. In order to be acceptable to the commissioner,
123.4custodians must agree to make copies of acknowledgments available to students at a
123.5reasonable fee. Under no circumstances will the commissioner act as custodian of the
123.6records;
123.7    (8) ensuring that the coordinator is available to instructors and students throughout
123.8course offerings and providing to the students and instructor the name of the coordinator
123.9and a telephone number at which the coordinator can be reached;
123.10    (9) attending workshops or instructional programs as reasonably required by the
123.11commissioner;
123.12    (10) providing course completion certificates within ten days of, but not before,
123.13completion of the entire course. Course completion certificates must be completed in
123.14their entirety. Course completion certificates must contain the following statement: "If
123.15you have any comments about this course offering, please mail them to the Minnesota
123.16Department of Labor and Industry." The current address of the department must be
123.17included. A coordinator may require payment of the course tuition as a condition for
123.18receiving the course completion certificate; and
123.19    (11) notifying the commissioner in writing within ten days of any change in the
123.20information in an application for approval on file with the commissioner.
123.21    Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
123.22who is qualified by education, training, or experience to ensure competent instruction.
123.23Failure to have only qualified instructors teach at an approved course offering will result
123.24in loss of course approval. Coordinators are responsible to ensure that an instructor is
123.25qualified to teach the course offering.
123.26    (b) Qualified continuing education instructors must have one of the following
123.27qualifications:
123.28    (1) a four-year degree in any area plus two years' practical experience in the subject
123.29area being taught;
123.30    (2) five years' practical experience in the subject area being taught; or
123.31    (3) a college or graduate degree in the subject area being taught.
123.32    (c) Approved instructors are responsible for:
123.33    (1) compliance with all laws and rules relating to continuing education;
123.34    (2) providing students with current and accurate information;
123.35    (3) maintaining an atmosphere conducive to learning in the classroom;
123.36    (4) verifying attendance of students, and certifying course completion;
124.1    (5) providing assistance to students and responding to questions relating to course
124.2materials; and
124.3    (6) attending the workshops or instructional programs that are required by the
124.4commissioner.
124.5    Subd. 11. Prohibited practices for coordinators and instructors. (a) In
124.6connection with an approved continuing education course, coordinators and instructors
124.7shall not:
124.8    (1) recommend or promote the services or practices of a particular business;
124.9    (2) encourage or recruit individuals to engage the services of, or become associated
124.10with, a particular business;
124.11    (3) use materials, clothing, or other evidences of affiliation with a particular entity;
124.12    (4) require students to participate in other programs or services offered by the
124.13instructor, coordinator, or sponsor;
124.14    (5) attempt, either directly or indirectly, to discover questions or answers on an
124.15examination for a license;
124.16    (6) disseminate to any other person specific questions, problems, or information
124.17known or believed to be included in licensing examinations;
124.18    (7) misrepresent any information submitted to the commissioner;
124.19    (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in
124.20the course outline approved by the commissioner during the approved instruction; or
124.21    (9) issue inaccurate course completion certificates.
124.22    (b) Coordinators shall notify the commissioner within ten days of a felony or
124.23gross misdemeanor conviction or of disciplinary action taken against an occupational or
124.24professional license held by the coordinator or an instructor teaching an approved course.
124.25The notification shall be grounds for the commissioner to withdraw the approval of the
124.26coordinator and to disallow the use of the instructor.
124.27    Subd. 12. Fees. Fees for an approved course of study and related materials must
124.28be clearly identified to students. In the event that a course is canceled for any reason, all
124.29fees must be returned within 15 days from the date of cancellation. In the event that a
124.30course is postponed for any reason, students shall be given the choice of attending the
124.31course at a later date or having their fees refunded in full within 15 days from the date
124.32of postponement. If a student is unable to attend a course or cancels the registration in a
124.33course, sponsor policies regarding refunds shall govern.
124.34    Subd. 13. Facilities. Each course of study must be conducted in a classroom
124.35or other facility that is adequate to comfortably accommodate the instructors and the
125.1number of students enrolled. The sponsor may limit the number of students enrolled in a
125.2course. Approved courses may be held on the premises of a company doing business in
125.3the regulated area only when the company is sponsoring the course offering, or where
125.4product application is appropriate and related.
125.5    Subd. 14. Supplementary materials. An adequate supply of supplementary
125.6materials to be used or distributed in connection with an approved course must be available
125.7at the time and place of the course offering in order to ensure that each student receives all
125.8of the necessary materials. Outlines and any other materials that are reproduced must be
125.9of readable quality.
125.10    Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
125.11of continuing education courses.
125.12    (b) Advertising must be truthful and not deceptive or misleading. Courses may not
125.13be advertised in any manner as approved unless approval has been granted in writing by
125.14the commissioner.
125.15    (c) No advertisement, pamphlet, circular, or other similar materials pertaining to
125.16an approved offering may be circulated or distributed in this state, unless the following
125.17statement is prominently displayed:
125.18    "This course has been approved by the Minnesota Department of Labor and Industry
125.19for ....... (approved number of hours) hours for continuing ....... (relevant industry)
125.20education."
125.21    (d) Advertising of approved courses must be clearly distinguishable from the
125.22advertisement of other nonapproved courses and services.
125.23    (e) Continuing education courses may not be advertised before approval unless the
125.24course is described in the advertising as "approval pending" and an application for approval
125.25has been timely submitted to the commissioner and a denial has not been received.
125.26    (f) The number of hours for which a course has been approved must be prominently
125.27displayed on an advertisement for the course. If the course offering is longer than the
125.28number of hours of credit to be given, it must be clear that credit is not earned for the
125.29entire course.
125.30    (g) The course approval number must not be included in any advertisement.
125.31    Subd. 16. Notice to students. At the beginning of each approved offering, the
125.32following notice must be handed out in printed form or must be read to students:
125.33    "This educational offering is recognized by the Minnesota Department of Labor and
125.34Industry as satisfying ....... (insert number of hours approved) hours of credit toward
125.35continuing ....... (insert appropriate industry) education requirements."
126.1    Subd. 17. Audits. The commissioner reserves the right to audit subject offerings
126.2with or without notice to the sponsor.
126.3    Subd. 18. Falsification of reports. A licensee, its qualified person, or an applicant
126.4found to have falsified an education report to the commissioner shall be considered to
126.5have violated the laws relating to the industry for which the person has a license and
126.6shall be subject to censure, limitation, condition, suspension, or revocation of the license
126.7or denial of the application for licensure.
126.8    The commissioner reserves the right to audit a licensee's continuing education
126.9records.
126.10    Subd. 19. Waivers and extensions. If a licensee provides documentation to the
126.11commissioner that the licensee or its qualifying person is unable, and will continue to be
126.12unable, to attend actual classroom course work because of a physical disability, medical
126.13condition, or similar reason, attendance at continuing education courses shall be waived
126.14for a period not to exceed one year. The commissioner shall require that the licensee or
126.15its qualifying person satisfactorily complete a self-study program to include reading a
126.16sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
126.17regulated industry, as would be necessary for the licensee to satisfy continuing educational
126.18credit hour needs. The commissioner shall award the licensee credit hours for a self-study
126.19program by determining how many credit hours would be granted to a classroom course
126.20involving the same material and giving the licensee the same number of credit hours under
126.21this part. The licensee may apply each year for a new waiver upon the same terms and
126.22conditions as were necessary to secure the original waiver, and must demonstrate that in
126.23subsequent years, the licensee was unable to complete actual classroom course work.
126.24The commissioner may request documentation of the condition upon which the request
126.25for waiver is based as is necessary to satisfy the commissioner of the existence of the
126.26condition and that the condition does preclude attendance at continuing education courses.
126.27    Upon written proof demonstrating a medical hardship, the commissioner shall
126.28extend, for up to 90 days, the time period during which the continuing education must be
126.29successfully completed. Loss of income from either attendance at courses or cancellation
126.30of a license is not a bona fide financial hardship. Requests for extensions must be
126.31submitted to the commissioner in writing no later than 60 days before the education is
126.32due and must include an explanation with verification of the hardship, plus verification of
126.33enrollment at an approved course of study on or before the extension period expires.
127.1    Subd. 20. Reporting requirements. Required continuing education must be
127.2reported in a manner prescribed by the commissioner. Licensees are responsible for
127.3maintaining copies of course completion certificates.
127.4    Subd. 21. Residential building contractor, residential remodeler, and residential
127.5roofer education. (a) Each licensee must, during the licensee's first complete continuing
127.6education reporting period, complete and report one hour of continuing education relating
127.7to lead abatement rules in safe lead abatement procedures.
127.8    (b) Each licensee must, during each continuing education reporting period, complete
127.9and report one hour of continuing education relating to energy codes for buildings and
127.10other building codes designed to conserve energy.
127.11    Subd. 22. Continuing education approval. (a) Continuing education courses must
127.12be approved in advance by the commissioner of labor and industry. "Sponsor" means any
127.13person or entity offering approved education.
127.14    (b) For coordinators with an initial approval date before August 1, 2005, approval
127.15will expire on December 31, 2005. For courses with an initial approval date on or before
127.16December 31, 2000, approval will expire on April 30, 2006. For courses with an initial
127.17approval date after January 1, 2001, but before August 1, 2005, approval will expire
127.18on April 30, 2007.
127.19    Subd. 23. Continuing education fees. The following fees shall be paid to the
127.20commissioner:
127.21    (1) initial course approval, $10 for each hour or faction of one hour of continuing
127.22education course approval sought. Initial course approval expires on the last day of the
127.2324th month after the course is approved;
127.24    (2) renewal of course approval, $10 per course. Renewal of course approval expires
127.25on the last day of the 24th month after the course is renewed;
127.26    (3) initial coordinator approval, $100. Initial coordinator approval expires on the last
127.27day of the 24th month after the coordinator is approved; and
127.28    (4) renewal of coordinator approval, $10. Renewal of coordinator approval expires
127.29on the last day of the 24th month after the coordinator is renewed.
127.30    Subd. 24. Refunds. All fees paid to the commissioner under this section are
127.31nonrefundable, except that an overpayment of a fee shall be returned upon proper
127.32application.

127.33    Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:
127.34326.88 LOSS OF QUALIFYING PERSON.
128.1    Upon the departure or disqualification of a licensee's qualifying person because of
128.2death, disability, retirement, position change, or other reason, the licensee must notify
128.3the commissioner within 15 business days. The licensee shall have 120 days from the
128.4departure of the qualifying person to obtain a new qualifying person. Failure to secure a
128.5new qualifying person within 120 days will, with or without notice, result in the automatic
128.6termination of the license.

128.7    Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:
128.8326.89 APPLICATION AND EXAMINATION.
128.9    Subdivision 1. Form. An applicant for a license under sections 326.83 to 326.98
128.10must submit an application to the commissioner, under oath and accompanied by the
128.11license fee required by section 326.86, on a form prescribed by the commissioner.
128.12Within 30 business days of receiving all required information, the commissioner must
128.13act on the license request. If one of the categories in the application does not apply, the
128.14applicant must identify the category and state the reason the category does not apply. The
128.15commissioner may refuse to issue a license if the application is not complete or contains
128.16unsatisfactory information.
128.17    Subd. 2. Contents. The Each application must include the following information
128.18regarding the applicant:
128.19    (1) Minnesota workers' compensation insurance certificate;
128.20    (2) employment insurance account number;
128.21    (3) certificate of liability insurance;
128.22    (4) type of license requested;
128.23    (5) name and, current address of the applicant:, and telephone number where the
128.24applicant resides;
128.25    (i) (6) name and address of the applicant's qualifying person, if other than applicant;
128.26and
128.27    (ii) (7) if the applicant is a sole proprietorship, the name and address of the sole
128.28proprietor; if the applicant is a partnership, the name and address of each partner; if the
128.29applicant is a limited liability company, the name and address of each governor and
128.30manager; if the applicant is a corporation, the name and address of each of the corporate
128.31officers, directors, and all shareholders holding more than ten percent of the outstanding
128.32stock in the corporation;
128.33    (8) name and address of the applicant's agent in this state authorized to receive
128.34service of process, and a consent to service of process as required by section 326.93;
128.35    (9) current street address and telephone number where the business is physically
128.36located;
129.1    (6) (10) whether the applicant, any employee, or qualifying person has ever been
129.2licensed in this or any other state and has had a professional or vocational license
129.3reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been
129.4the subject of any administrative action;
129.5    (7) (11) whether the applicant, qualifying person, or any of the applicant's corporate
129.6or partnership directors, limited liability company governors, officers, limited or general
129.7partners, managers, all shareholders holding more than ten percent of the share of the
129.8corporation that have been issued, or all members holding more than ten percent of the
129.9voting power of the membership interests that have been issued, has been convicted
129.10of a crime that either related directly to the business for which the license is sought or
129.11involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil
129.12action involving fraud, misrepresentation, construction defect, negligence, or breach
129.13of contract, or conversion of funds within the ten years prior to the submission of the
129.14application; or has had any government license or permit reprimanded, censured, limited,
129.15conditioned, suspended, or revoked as a result of an action brought by a federal, state, or
129.16local governmental unit or agency in this or any other state;
129.17    (8) (12) the applicant's and qualifying person's business history for the past five
129.18years and whether the applicant, any a managing employee, or qualifying person has ever
129.19filed for bankruptcy or protection from creditors or has any unsatisfied judgments against
129.20the applicant, employee, or qualifying person;
129.21    (9) (13) where the applicant is a firm, partnership, sole proprietorship, limited
129.22liability company, corporation, or association, whether there has been a sale or transfer of
129.23the business or other change in ownership, control, or name in the last five years and the
129.24details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated,
129.25parent, or related entities, and whether each such entity, or its owners, officers, directors,
129.26members or shareholders holding more than ten percent of the stock, or an employee has
129.27ever taken or been subject to an action that is subject to clause (6), (7), or (8) (10), (11),
129.28or (12) in the last ten years; and
129.29    (10) (14) whether the qualifying person is the qualifying person for more than one
129.30licensee.
129.31    For purposes of this subdivision, "applicant" includes employees who exercise
129.32management or policy control over the residential contracting and remodeling, residential
129.33remodeling, residential roofing, or manufactured home installation activities in the state
129.34of Minnesota, including affiliates, partners, directors, governors, officers, limited or
129.35general partners, managers, all shareholders holding more than ten percent of the shares
129.36that have been issued, a shareholder holding more than ten percent of the voting power
130.1of the shares that have been issued, or all members holding more than ten percent of the
130.2membership interests that have been issued or more than ten percent of the voting power
130.3of the membership interests that have been issued.
130.4    The commissioner may require further information as the commissioner deems
130.5appropriate to administer the provisions and further the purposes of this chapter.
130.6    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete a
130.7written examination for the type of license requested. The commissioner may establish
130.8the examination qualifications, including related education experience and education, the
130.9examination procedure, and the examination for each licensing group. The examination
130.10must include at a minimum the following areas:
130.11    (1) appropriate knowledge of technical terms commonly used and the knowledge of
130.12reference materials and code books to be used for technical information; and
130.13    (2) understanding of the general principles of business management and other
130.14pertinent state laws.
130.15    (b) Each examination must be designed for the specified type of license requested.
130.16The council shall advise the commissioner on the grading, monitoring, and updating of
130.17examinations.
130.18    (c) A person's An individual's passing examination results expire two years from
130.19the examination date. A person An individual who passes the examination but does not
130.20choose to apply to act as a qualifying person for a licensee within two years from the
130.21examination date, must, upon application provide:
130.22    (1) passing examination results within two years from the date of application; or
130.23    (2) proof that the person has fulfilled the continuing education requirements in
130.24section 326.87 in the manner required for a qualifying person of a licensee for each license
130.25period after the expiration of the examination results.
130.26    Subd. 4. Competency skills. The commissioner shall, in consultation with the
130.27council, determine the competency skills and installation knowledge required for the
130.28licensing of specialty contractors.
130.29    Subd. 5. Exemption. A general retailer whose primary business is not being a
130.30residential building contractor, residential remodeler, or specialty contractor residential
130.31roofer, or manufactured home installer, and who has completed a comparable license
130.32examination meeting or exceeding Minnesota's examination requirements in another state
130.33is exempt from subdivisions subdivision 3 and 4 and sections 326.87 and 326.88.
130.34    Subd. 6. Additional licensing requirements. As an alternative to denying an
130.35application for licensure pursuant to section 326.91, subdivision 1, the commissioner
131.1may, as a condition of licensure and based upon information received pursuant to
131.2section 326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section 326.91,
131.3subdivision 1 , clauses (1) to (9), impose additional insurance, bonding, reporting, record
131.4keeping, and other requirements on the applicant as are reasonable to protect the public.
131.5    Subd. 7. License. A nonresident of Minnesota may be licensed as a residential
131.6building contractor, residential remodeler, residential roofer, or manufactured home
131.7installer upon compliance with all the provisions of sections 326.83 to 326.98.

131.8    Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:
131.9    Subdivision 1. Local license prohibited. Except as provided in sections 326.90,
131.10subdivision 2 , and 326.991, a political subdivision may not require a person licensed
131.11under sections 326.83 to 326.991 326.98 to also be licensed or pay a registration or other
131.12fee related to licensure under any ordinance, law, rule, or regulation of the political
131.13subdivision. This section does not prohibit charges for building permits or other charges
131.14not directly related to licensure.

131.15    Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:
131.16    Subdivision 1. Cause Grounds. The commissioner may by order deny, suspend, or
131.17revoke any license or may censure a licensee, and may impose a civil penalty as provided
131.18for in section 45.027, subdivision 6, if the commissioner finds that the order is in the
131.19public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or
131.20other agent, owner, partner, director, governor, shareholder, member, officer, qualifying
131.21person, or managing employee of the applicant or licensee or any person occupying a
131.22similar status or performing similar functions: In addition to the grounds set forth in
131.23section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place
131.24conditions on, or revoke a license or certificate of exemption, or may censure the person
131.25holding the license or certificate of exemption, if the applicant, licensee, certificate of
131.26exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of
131.27exemption holder, or other agent owner has:
131.28    (1) has filed an application for a license licensure or a certificate of exemption
131.29which is incomplete in any material respect or contains any statement which, in light
131.30of the circumstances under which it is made, is false or misleading with respect to any
131.31material fact;
131.32    (2) has engaged in a fraudulent, deceptive, or dishonest practice;
131.33    (3) is permanently or temporarily enjoined by any court of competent jurisdiction
131.34from engaging in or continuing any conduct or practice involving any aspect of the
131.35business;
132.1    (4) has failed to reasonably supervise employees, agents, subcontractors, or
132.2salespersons, or has performed negligently or in breach of contract, so as to cause injury
132.3or harm to the public;
132.4    (5) has violated or failed to comply with any provision of sections 326.83 to 326.98
132.5or, any rule or order under sections 326.83 to 326.98 or any other law, rule, or order related
132.6to the duties and responsibilities entrusted to the commissioner;
132.7    (6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
132.8    (7) (6) has been convicted of a violation of the State Building Code or, in
132.9jurisdictions that do not enforce the State Building Code, has refused to comply with
132.10a notice of violation or stop order issued by a certified building official, or in local
132.11jurisdictions that have not adopted the State Building Code has refused to correct a
132.12violation of the State Building Code when the violation has been certified documented
132.13or a notice of violation or stop order issued by a Minnesota licensed structural engineer
132.14certified building official has been received;
132.15    (8) (7) has failed to use the proceeds of any payment made to the licensee for the
132.16construction of, or any improvement to, residential real estate, as defined in section 326.83,
132.17subdivision 17 , for the payment of labor, skill, material, and machinery contributed to the
132.18construction or improvement, knowing that the cost of any labor performed, or skill,
132.19material, or machinery furnished for the improvement remains unpaid;
132.20    (9) (8) has not furnished to the person making payment either a valid lien waiver as to
132.21any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
132.22or a payment bond in the basic amount of the contract price for the improvement
132.23conditioned for the prompt payment to any person or persons entitled to payment;
132.24    (10) has engaged in conduct which was the basis for a contractor's recovery fund
132.25payment pursuant to section 326.975, which payment has not been reimbursed; (9) has
132.26engaged in an act or practice that results in compensation to an aggrieved owner or lessee
132.27from the contractor recovery fund pursuant to section 36B.825, unless:
132.28    (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
132.29plus interest at the rate of 12 percent per year; and
132.30    (ii) the applicant or licensee has obtained a surety bond in the amount of at least
132.31$40,000, issued by an insurer authorized to transact business in this state.
132.32    (11) (10) has engaged in bad faith, unreasonable delays, or frivolous claims in
132.33defense of a civil lawsuit or arbitration arising out of their activities as a licensee or
132.34certificate of exemption holder under this chapter;
133.1    (12) (11) has had a judgment entered against them for failure to make payments to
133.2employees or, subcontractors, or suppliers, that the licensee has failed to satisfy and all
133.3appeals of the judgment have been exhausted or the period for appeal has expired;
133.4    (13) (12) if unlicensed, has obtained a building permit by the fraudulent use of a
133.5fictitious license number or the license number of another, or, if licensed, has knowingly
133.6allowed an unlicensed person to use the licensee's license number for the purpose of
133.7fraudulently obtaining a building permit; or has applied for or obtained a building permit
133.8for an unlicensed person.
133.9    (14) (13) has made use of a forged mechanics' mechanic's lien waivers waiver under
133.10chapter 514.;
133.11    (14) has provided false, misleading or incomplete information to the commissioner
133.12or has refused to allow a reasonable inspection of records or premises;
133.13    (15) has engaged in an act or practice whether or not the act or practice directly
133.14involves the business for which the person is licensed, that demonstrates that the applicant
133.15or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
133.16unqualified to act under the license granted by the commissioner; or
133.17    (16) has failed to comply with requests for information, documents, or other requests
133.18from the department within the time specified in the request or, if no time is specified,
133.19within 30 days of the mailing of the request by the department.

133.20    Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:
133.21326.92 PENALTIES.
133.22    Subdivision 1. Misdemeanor. A person required to be licensed under sections
133.23326.83 to 326.991 who performs unlicensed work is guilty of a misdemeanor.
133.24    Subd. 1a. Gross misdemeanor. A person required to be licensed under sections
133.25326.84 to 326.991 who violates an order under subdivision 3 An individual who violates
133.26an order of the commissioner or is the manager, officer, or director of a person who
133.27violates an order issued by the commissioner is guilty of a gross misdemeanor.
133.28    Subd. 2. Lien rights. An unlicensed person who knowingly violates sections 326.83
133.29to 326.98 has no right to claim a lien under section 514.01 and the lien is void. Nothing
133.30in this section affects the lien rights of material suppliers and licensed contractors to the
133.31extent provided by law.
133.32    Subd. 3. Commissioner action. The commissioner may bring actions, including
133.33cease and desist actions, against any person licensed or required to be licensed under
133.34sections 326.83 to 326.991 to protect the public health, safety, and welfare.

133.35    Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:
134.1326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE
134.2OF PERMIT APPLICATION.
134.3    Subdivision 1. Building permit. A political subdivision shall not issue a building
134.4permit to an unlicensed person who is required to be licensed under sections 326.83 to
134.5326.991 326.98 . A political subdivision that issues zoning or land use permits in lieu of
134.6a building permit shall not issue those permits to an unlicensed person who is required
134.7to be licensed under sections 326.83 to 326.991 326.98. The political subdivision shall
134.8report the person applying for the permit to the commissioner who may bring an action
134.9against the person.
134.10    Subd. 2. Notice of building permit application. A political subdivision shall notify
134.11the department when an application for building permit involving the construction of new
134.12residential real estate has been received from an unlicensed person by submitting a copy
134.13of the application to the department within two business days of receipt of the application.
134.14The political subdivision may submit a copy of the building permit application by
134.15facsimile, United States mail, or electronic communication.

134.16    Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:
134.17326.93 SERVICE OF PROCESS; NONRESIDENT LICENSING.
134.18    Subdivision 1. License. A nonresident of Minnesota may be licensed as a residential
134.19building contractor or residential remodeler upon compliance with all the provisions of
134.20sections 326.83 to 326.991.
134.21    Subd. 2. Service of process. Service of process upon a person performing work in
134.22the state of a type that would require a license under sections 326.83 to 326.98 may be
134.23made as provided in section 45.028.
134.24    Subd. 3. Procedure. Every applicant for licensure or certificate of exemption
134.25under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the
134.26commissioner and successors in office to be the applicant's agent to receive service of any
134.27lawful process in any noncriminal suit, action, or proceeding against the applicant or a
134.28successor, executor, or administrator which arises under section 326.83 to 326.98 or any
134.29rule or order thereunder after the consent has been filed, with the same force and validity
134.30as if served personally on the person filing the consent. Service under this section shall be
134.31made in compliance with subdivision 5.
134.32    Subd. 4. Service on commissioner. (a) When a person, including any nonresident
134.33of this state, engages in conduct prohibited or made actionable by sections 326.83 to
134.34326.98, or any rule or order under those sections, and the person has not consented to
134.35service of process under subdivision 3, that conduct is equivalent to an appointment of the
135.1commissioner and successors in office as the person's agent to receive service of process in
135.2any noncriminal suit, action, or proceeding against the person that is based on that conduct
135.3and is brought under sections 326.83 to 326.98, or any rule or order under those sections,
135.4with the same force and validity as if served personally on the person consenting to the
135.5appointment of the commissioner and successors in office. Service under this section shall
135.6be made in compliance with subdivision 5.
135.7    (b) Subdivision 5 applies in all other cases in which a person, including a nonresident
135.8of this state, has filed a consent to service of process. This paragraph supersedes any
135.9inconsistent provision of law.
135.10    (c) Subdivision 5 applies in all cases in which service of process is allowed to be
135.11made on the commissioner.
135.12    (d) Subdivision 5 applies to any document served by the commissioner or the
135.13department under section 326B.08.
135.14    Subd. 5. How made. Service of process under this section may be made by leaving
135.15a copy of the process in the office of the commissioner, or by sending a copy of the process
135.16to the commissioner by certified mail, and is not effective unless:
135.17    (1) the plaintiff, who may be the commissioner in an action or proceeding instituted
135.18by the commissioner, sends notice of the service and a copy of the process by certified
135.19mail to the defendant or respondent at the last known address; and
135.20    (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or
135.21before the return day of the process, if any, or within further time as the court allows.

135.22    Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:
135.23326.94 BOND; INSURANCE.
135.24    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed
135.25residential roofers must post a license surety bond in the name of the licensee with the
135.26commissioner, conditioned that the applicant shall faithfully perform the duties and
135.27in all things comply with all laws, ordinances, and rules pertaining to the license or
135.28permit applied for and all contracts entered into. The annual bond must be continuous
135.29and maintained for so long as the licensee remains licensed. The aggregate liability of
135.30the surety on the bond to any and all persons, regardless of the number of claims made
135.31against the bond, may not exceed the amount of the bond. The bond may be canceled as
135.32to future liability by the surety upon 30 days' written notice mailed to the commissioner
135.33by regular mail.
135.34    (b) A licensed residential roofer must post a bond of at least $5,000 $15,000.
135.35    (c) A licensed manufactured home installer must post a bond of at least $2,500.
136.1    Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for
136.2purposes of sections 8.05 and 16C.05, subdivision 2.
136.3    Subd. 2. Insurance. Licensees must have public liability insurance with limits of at
136.4least $100,000 $300,000 per occurrence, which must include at least $10,000 property
136.5damage coverage. The insurance must be written by an insurer licensed to do business in
136.6this state. The commissioner may increase the minimum amount of insurance required
136.7for any licensee or class of licensees if the commissioner considers it to be in the public
136.8interest and necessary to protect the interests of Minnesota consumers.

136.9    Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:
136.10    Subd. 2. Advertising. The license number of a licensee must appear in any
136.11advertising by that licensee including but not limited to signs, vehicles, business cards,
136.12published display ads, flyers, and brochures, Web sites, and Internet ads.

136.13    Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:
136.14326.96 PUBLIC EDUCATION.
136.15    The commissioner may develop materials and programs to educate the public
136.16concerning licensing licensure requirements and methods. The commissioner must
136.17develop materials for reporting unlicensed contracting activity. The commissioner shall
136.18provide information in other languages.

136.19    Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:
136.20326.97 LICENSE RENEWAL.
136.21    Subdivision 1. Renewal. Licensees A licensee whose applications have fully
136.22completed renewal application has been properly and timely filed and who have has
136.23not received a notice of denial of renewal are is considered to have been approved for
136.24renewal and may continue to transact business whether or not the renewed license has
136.25been received. Applications are timely if received or postmarked by March 1 of the
136.26renewal year. Applications must be made on a form approved by the commissioner.
136.27An application for renewal that does not contain all of the information requested is an
136.28incomplete application and will not be processed.
136.29    Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993,
136.30must be renewed annually.
136.31    Subd. 2. Failure to apply renew. A person who has failed to make a timely
136.32application for renewal of a license by March 31 of the renewal year is unlicensed at
136.3311:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed until
136.34the a renewed license has been issued by the commissioner and is received by the applicant.
137.1    Subd. 3. Expiration. All licenses expire at 11:59:59 p.m. central time on March 31
137.2of the renewal year if not properly renewed.

137.3    Sec. 24. [326B.801] SCOPE.
137.4    Except as otherwise provided by law, the provisions of sections 326B.801 to
137.5326B.825 apply to residential contractors, residential remodelers, residential roofers,
137.6and manufactured home installers.

137.7    Sec. 25. [326B.804] LICENSE RECIPROCITY.
137.8    The commissioner may issue a temporary license without examination, upon
137.9payment of the required fee to nonresident applicants who are licensed in another state
137.10having equivalent standards of practice to Minnesota if the other state grants similar
137.11privileges to Minnesota licensed residents. Applicants receiving a temporary license
137.12under this section may acquire a cumulative 24 months to apply and pass the licensing
137.13examination.

137.14    Sec. 26. [326B.809] WRITTEN CONTRACT REQUIRED.
137.15    (a) All agreements including proposals, estimates, bids, quotations, contracts,
137.16purchase orders, and change orders between a licensee and a customer for the performance
137.17of a licensee's services must be in writing and must contain the following:
137.18    (1) a detailed summary of the services to be performed;
137.19    (2) a description of the specific materials to be used or a list of standard features
137.20to be included; and
137.21    (3) the total contract price or a description of the basis on which the price will
137.22be calculated.
137.23    (b) All agreements shall be signed and dated by the licensee and customer.
137.24    (c) The licensee shall provide to the customer, at no charge, a signed and dated
137.25document at the time that the licensee and customer sign and date the document.
137.26Documents include agreements and mechanic's lien waivers.

137.27    Sec. 27. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
137.28    Chapter 364 does not apply to an applicant for a license or to a licensee where
137.29the underlying conduct on which the conviction is based would be grounds for denial,
137.30censure, suspension, or revocation of the license.

137.31    Sec. 28. [326B.82] DEFINITIONS.
137.32    Subdivision 1. Words, terms, and phrases. For the purposes of section 326.87,
137.33the terms defined in this section have the meanings given them, unless the context clearly
137.34indicates otherwise.
138.1    Subd. 2. Appropriate and related knowledge. "Appropriate and related
138.2knowledge" means facts, information, or principles that are clearly relevant to the licensee
138.3in performing responsibilities under a license issued by the commissioner. These facts,
138.4information, or principles must convey substantive and procedural knowledge as it relates
138.5to postlicensing issues and must be relevant to the technical aspects of a particular area
138.6of continuing education.
138.7    Subd. 3. Classroom hour. "Classroom hour" means a 50-minute hour.
138.8    Subd. 4. Coordinator. "Coordinator" means an individual who is responsible for
138.9monitoring approved educational offerings.
138.10    Subd. 5. Instructor. "Instructor" means an individual lecturing in an approved
138.11educational offering.
138.12    Subd. 6. Licensee. "Licensee" means a person licensed by the Minnesota
138.13Department of Labor and Industry for whom an examination is required before licensure.
138.14    Subd. 7. Medical hardship. "Medical hardship" includes a documented physical
138.15disability or medical condition.
138.16    Subd. 8. Overpayment. "Overpayment" means any payment of money in excess
138.17of a statutory fee.
138.18    Subd. 9. Regulated industries. "Regulated industries" means residential
138.19contracting, residential remodeling, or residential roofing. Each of these is a regulated
138.20industry.
138.21    Subd. 10. Sponsor. "Sponsor" means any person or entity offering or providing
138.22approved continuing education.

138.23    Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.
138.24    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
138.25have the meanings given them.
138.26    (b) "Gross annual receipts" means the total amount derived from residential
138.27contracting or residential remodeling activities, regardless of where the activities are
138.28performed, and must not be reduced by costs of goods sold, expenses, losses, or any
138.29other amount.
138.30    (c) "Licensee" means a person licensed as a residential contractor or residential
138.31remodeler.
138.32    (d) "Residential real estate" means a new or existing building constructed for
138.33habitation by one to four families, and includes detached garages.
138.34    (e) "Fund" means the contractor recovery fund.
139.1    Subd. 2. Generally. The contractor recovery fund is created in the state treasury
139.2and shall be administered by the commissioner for the purposes described in this section.
139.3Any interest or profit accruing from investment of money in the fund shall be credited
139.4to the contractor recovery fund.
139.5    Subd. 3. Fund fees. In addition to any other fees, a person who applies for or
139.6renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
139.7shall pay, in addition to the appropriate application or renewal fee, the following additional
139.8fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
139.9gross annual receipts for the person's most recent fiscal year preceding the application or
139.10renewal, on the following scale:

139.11		Fee	Gross Annual Receipts
139.12		$160	under $1,000,000
139.13		$210	$1,000,000 to $5,000,000
139.14		$260	over $5,000,000

139.15    Subd. 4. Purpose of fund. The purpose of this fund is to:
139.16    (1) compensate owners or lessees of residential real estate who meet the requirements
139.17of this section;
139.18    (2) reimburse the department for all legal and administrative expenses,
139.19disbursements, and costs, including staffing costs, incurred in administering and defending
139.20the fund;
139.21    (3) pay for educational or research projects in the field of residential contracting to
139.22further the purposes of sections 326B.801 to 326B.825; and
139.23    (4) provide information to the public on residential contracting issues.
139.24    Subd. 5. Payment limitations. Except as otherwise provided in this section,
139.25the commissioner shall not pay compensation from the fund to an owner or a lessee
139.26in an amount greater than $75,000. Except as otherwise provided in this section, the
139.27commissioner shall not pay compensation from the fund to owners and lessees in an
139.28amount that totals more than $150,000 per licensee. The commissioner shall not pay
139.29compensation from the fund for a final judgment based on a cause of action that arose
139.30before the commissioner's receipt of the licensee's fee required by subdivision 3.
139.31    Subd. 6. Verified application. To be eligible for compensation from the fund, an
139.32owner or lessee shall serve on the commissioner a verified application for compensation
139.33on a form approved by the commissioner. The application shall verify the following
139.34information:
140.1    (1) the specific grounds upon which the owner or lessee seeks to recover from
140.2the fund:
140.3    (2) that the owner or the lessee has obtained a final judgment in a court of competent
140.4jurisdiction against a licensee licensed under section 326B.803;
140.5    (3) that the final judgment was obtained against the licensee on the grounds of
140.6fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
140.7that arose directly out of a transaction that occurred when the licensee was licensed and
140.8performing any of the special skills enumerated under section 326B.802, subdivision 19;
140.9    (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
140.10the owner's residential real estate, on residential real estate leased by the lessee, or on new
140.11residential real estate that has never been occupied or that was occupied by the licensee
140.12for less than one year prior to purchase by the owner;
140.13    (5) that the residential real estate is located in Minnesota;
140.14    (6) that the owner or the lessee is not the spouse of the licensee or the personal
140.15representative of the licensee;
140.16    (7) the amount of the final judgment, any amount paid in satisfaction of the final
140.17judgment, and the amount owing on the final judgment as of the date of the verified
140.18application; and
140.19    (8) that the verified application is being served within two years after the judgment
140.20became final.
140.21    The owner's and the lessee's actual and direct out-of-pocket loss shall not include
140.22attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
140.23the loss. An owner or lessee may serve a verified application regardless of whether the
140.24final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
140.25final if all proceedings on the judgment have either been pursued and concluded or been
140.26forgone, including all reviews and appeals. For purposes of this section, owners who are
140.27joint tenants or tenants in common are deemed to be a single owner. For purposes of this
140.28section, owners and lessees eligible for payment of compensation from the fund shall not
140.29include government agencies, political subdivisions, financial institutions, and any other
140.30entity that purchases, guarantees, or insures a loan secured by real estate.
140.31    Subd. 7. Commissioner review. The commissioner shall within 120 days after
140.32receipt of the verified application:
140.33    (1) enter into an agreement with an owner or a lessee that resolves the verified
140.34application for compensation from the fund; or
140.35    (2) issue an order to the owner or the lessee accepting, modifying, or denying the
140.36verified application for compensation from the fund.
141.1    Upon receipt of an order issued under clause (2), the owner or the lessee shall have
141.230 days to serve upon the commissioner a written request for a hearing. If the owner or
141.3the lessee does not serve upon the commissioner a timely written request for hearing, the
141.4order issued under clause (2) shall become a final order of the commissioner that may not
141.5be reviewed by any court or agency. The commissioner shall order compensation from
141.6the fund only if the owner or the lessee has filed a verified application that complies with
141.7subdivision 6 and if the commissioner determines based on review of the application that
141.8compensation should be paid from the fund. The commissioner shall not be bound by any
141.9prior settlement, compromise, or stipulation between the owner or the lessee and the
141.10licensee.
141.11    Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
141.12for hearing under subdivision 7, the commissioner shall request that an administrative law
141.13judge be assigned and that a hearing be conducted under the contested case provisions
141.14of chapter 14 within 30 days after the service of the request for hearing upon the
141.15commissioner. Upon petition of the commissioner, the administrative law judge shall
141.16continue the hearing up to 60 days and upon a showing of good cause may continue the
141.17hearing for such additional period as the administrative law judge deems appropriate.
141.18At the hearing the owner or the lessee shall have the burden of proving by substantial
141.19evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
141.20findings of fact, conclusions of law, and order. If the administrative law judge finds that
141.21compensation should be paid to the owner or the lessee, the administrative law judge
141.22shall order the commissioner to make payment from the fund of the amount it finds to be
141.23payable pursuant to the provisions of and in accordance with the limitations contained in
141.24this section. The order of the administrative law judge shall constitute the final decision of
141.25the agency in the contested case. Judicial review of the administrative law judge's findings
141.26of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
141.27    Subd. 9. Satisfaction of applications for compensation. The commissioner shall
141.28pay compensation from the fund to an owner or a lessee pursuant to the terms of an
141.29agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
141.30order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
141.31of the fiscal year following the fiscal year during which the agreement was entered into or
141.32during which the order became final, subject to the limitations of this section. At the end
141.33of each fiscal year the commissioner shall calculate the amount of compensation to be
141.34paid from the fund pursuant to agreements that have been entered into under subdivision
141.357, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
141.36subdivision 8. If the calculated amount exceeds the amount available for payment, then
142.1the commissioner shall allocate the amount available among the owners and the lessees
142.2in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
142.3bears to the amount calculated. The commissioner shall mail notice of the allocation to
142.4all owners and lessees not less than 45 days following the end of the fiscal year. Any
142.5compensation paid by the commissioner in accordance with this subdivision shall be
142.6deemed to satisfy and extinguish any right to compensation from the fund based upon the
142.7verified application of the owner or lessee.
142.8    Subd. 10. Criminal penalty. It shall be unlawful for any person or the agent of any
142.9person to knowingly file with the commissioner any application, notice, statement, or other
142.10document required under the provisions of this section that is false or untrue or contains
142.11any material misstatement of fact. Such conduct shall constitute a gross misdemeanor.
142.12    Subd. 11. Right of subrogation. If the commissioner pays compensation from the
142.13fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
142.14final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
142.15shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
142.16judgment in the amount of compensation paid from the fund and the owner or the lessee
142.17shall assign to the commissioner all rights, title, and interest in the final judgment in
142.18the amount of compensation paid. The commissioner shall deposit in the fund money
142.19recovered under this subdivision.
142.20    Subd. 12. Effect of section on commissioner's authority. Nothing contained
142.21in this section shall limit the authority of the commissioner to take disciplinary action
142.22against a licensee under the provisions of this chapter. A licensee's repayment in full of
142.23obligations to the fund shall not nullify or modify the effect of any other disciplinary
142.24proceeding brought under the provisions of this chapter.
142.25    Subd. 13. Limitation. Nothing may obligate the fund to compensate:
142.26    (1) insurers or sureties under subrogation or similar theories; or
142.27    (2) owner of residential property for final judgments against a prior owner of the
142.28residential property unless the claim is brought and judgment is rendered for breach of the
142.29statutory warranty set forth in chapter 327A.
142.30    Subd. 14. Condominiums or townhouses. For purposes of this section, the owner
142.31or the lessee of a condominium or townhouse is considered an owner or a lessee of
142.32residential property regardless of the number of residential units per building.
142.33    Subd. 15. Accelerated compensation. Payments made from the fund to compensate
142.34owners and lessees that do not exceed the jurisdiction limits for conciliation court matters
143.1as specified in section 491A.01 may be paid on an accelerated basis if all of the following
143.2requirements have been satisfied:
143.3    (a) The owner or the lessee has served upon the commissioner a verified application
143.4for compensation that complies with the requirements set out in subdivision 6 and the
143.5commissioner determines based on review of the application that compensation should be
143.6paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
143.7loss in the transaction, minus attorney fees, interest on the loss and on the judgment
143.8obtained as a result of the loss, and any satisfaction of the judgment, and make payment
143.9to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
143.10after the owner or lessee serves the verified application.
143.11    (b) The commissioner may pay compensation to owners or lessees that totals not
143.12more than $50,000 per licensee per fiscal year under this accelerated process. The
143.13commissioner may prorate the amount of compensation paid to owners or lessees under
143.14this subdivision if applications submitted by owners and lessees seek compensation in
143.15excess of $50,000 against a licensee. Any unpaid portion of a verified application that
143.16has been prorated under this subdivision shall be satisfied in the manner set forth in
143.17subdivision 9.
143.18    Subd. 16. Appropriation. Money in the fund is appropriated to the commissioner
143.19for the purposes of this section.
143.20    Subd. 17. Additional assessment. If the balance in the fund is at any time less than
143.21the commissioner determines is necessary to carry out the purposes of this section, every
143.22licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the
143.23fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall
143.24set the amount of assessment based on a reasonable determination of the amount that is
143.25necessary to restore a balance in the fund adequate to carry out the purposes of this section.
143.26EFFECTIVE DATE.This section is effective December 1, 2007, except that
143.27subdivisions 1 and 3 are effective July 1, 2007.

143.28    Sec. 30. REVISOR'S INSTRUCTION.
143.29    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
143.30column A with the number listed in column B. The revisor shall also make necessary
143.31cross-reference changes consistent with the renumbering.

143.32		Column A	Column B
143.33		325E.58	326B.865
143.34		326.83	326B.802
143.35		326.84	326B.805
144.1		326.841	327B.041
144.2		326.842	326B.81
144.3		326.86	326B.815
144.4		326.87	326B.82
144.5		326.88	326B.825
144.6		326.89	326B.83
144.7		326.90	326B.835
144.8		326.91	326B.84
144.9		326.92	326B.845
144.10		326.921	326B.85
144.11		326.93	326B.855
144.12		326.94	326B.86
144.13		326.95	326B.87
144.14		326.951	326B.875
144.15		326.96	326B.88
144.16		326.97	326B.885

144.19    Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:
144.20183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS;
144.21LICENSES.
144.22    Subdivision 1. All boilers inspected. The Division of Boiler Inspection
144.23commissioner shall inspect all boilers and pressure vessels in use not expressly excepted
144.24from such inspection by law. Immediately Upon inspection the Division of Boiler
144.25Inspection commissioner shall issue a certificate of inspection therefor or a certificate
144.26condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and
144.27certificates shall be prepared and furnished by the commissioner. The Division of Boiler
144.28Inspection commissioner shall examine all applicants for engineer's licenses. The chief of
144.29the Division of Boiler Inspection commissioner shall issue such license to an applicant as
144.30the examination shall show the applicant is entitled to receive.
144.31    Subd. 2. Inspector's examination. For the purpose of examining applicants
144.32for license a National Board of Boiler and Pressure Vessel Inspectors commission, the
144.33chief of the Division of Boiler Inspection or the deputy chief commissioner shall fix and
144.34determine a time and place for the examinations, and give notice to all applicants of the
144.35time and place. The chief or the deputy chief commissioner shall grant and sign such
144.36license certificates as applicants are entitled to receive upon examination. Applicants may
144.37be examined and issued certificates of competency as inspectors of boilers and pressure
144.38vessels.

145.1    Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:
145.2    Subdivision 1. Inspector requirements. Each boiler inspector shall be a person
145.3of good moral character, shall be licensed in this state as a chief grade A engineer, and
145.4must hold a national board commission as a boiler inspector within 12 months of being
145.5employed as a boiler inspector by the department. An inspector shall not be interested in
145.6the manufacture or sale of boilers or steam machinery or in any patented article required
145.7or generally used in the construction of engines or boilers or their appurtenances.

145.8    Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:
145.9    Subd. 2. Inspection. When used for display and demonstration purposes, steam
145.10farm traction engines, portable and stationary show engines and portable and stationary
145.11show boilers shall be inspected every two years according to law.
145.12    (a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly
145.13by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards
145.14in paragraph (b), before being certified for use in Minnesota.
145.15    (b) Standards for inspection of show boilers shall be those established by the
145.16National Board Inspection Code ANSI/NB23 and by the rules adopted by the department
145.17of Labor and Industry, Division of Boiler Inspection, and as follows:
145.18    (1) the boiler shall be subjected to the appropriate method of nondestructive
145.19examination, at the owner's expense, as deemed necessary by the boiler inspector to
145.20determine soundness and safety of the boiler;
145.21    (2) the boiler shall be tested by ultrasonic examination for metal thickness (for
145.22purposes of calculating the maximum allowable working pressure the thinnest reading
145.23shall be used and a safety factor of six shall be used in calculating maximum allowable
145.24working pressure on all non-ASME-code hobby and show boilers); and
145.25    (3) repairs and alterations made to show boilers must be made pursuant to section
145.26183.466 .
145.27    (c) Further each such object shall successfully complete an inspection of:
145.28    (1) the fusible plug;
145.29    (2) the safety valve, which must be of American Society of Mechanical Engineers'
145.30ASME approved design and set at the maximum allowable working pressure and sealed in
145.31an appropriate manner not allowing tampering with the valve setting without destroying
145.32the seal; and
145.33    (3) the boiler power piping.
145.34    Any longitudinal cracks found in riveted longitudinal seams requires that the vessel
145.35be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed,
145.36the jacket must be removed prior to inspection.

146.1    Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:
146.2183.42 INSPECTION AND REGISTRATION.
146.3    Subdivision 1. Inspection. Every owner, lessee, or other person having charge of
146.4boilers or pressure vessels subject to inspection under this chapter shall cause them to be
146.5inspected by the Division of Boiler Inspection department. Except as provided in sections
146.6183.411 and 183.45, boilers subject to inspection under this chapter must be inspected at
146.7least annually and pressure vessels inspected at least every two years except as provided
146.8under section 183.45. The commissioner shall assess a $250 penalty per applicable boiler
146.9or pressure vessel for failure to have the inspection required by this section and may seal
146.10the boiler or pressure vessel for refusal to allow an inspection as required by this section.
146.11    Subd. 2. Registration. Every owner, lessee, or other person having charge of
146.12boilers or pressure vessels subject to inspection under this chapter, except hobby boilers
146.13under section 183.411, shall register said objects with the Division of Boiler Inspection
146.14department. The registration shall be renewed annually and is applicable to each object
146.15separately. The fee for registration of a boiler or pressure vessel shall be pursuant to
146.16section 183.545, subdivision 10. The Division of Boiler Inspection department may issue
146.17a billing statement for each boiler and pressure vessel on record with the division, and
146.18may determine a monthly schedule of billings to be followed for owners, lessees, or other
146.19persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
146.20    Subd. 3. Certificate of registration. The Division of Boiler Inspection department
146.21shall issue a certificate of registration that lists the registered boilers and pressure vessels
146.22at the location, expiration date of the certificate of registration, last inspection date of
146.23each registered boiler and pressure vessel, and maximum allowable working pressure for
146.24each registered boiler and pressure vessel. The commissioner may make an electronic
146.25certificate of registration available to be printed by the owner, lessee, or other person
146.26having charge of the registered boiler or pressure vessel.

146.27    Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:
146.28183.45 INSPECTION.
146.29    Subdivision 1. Inspection requirements. All boilers and steam generators must
146.30be inspected by the Division of Boiler Inspection department before they are used and
146.31all boilers must be inspected at least once each year thereafter except as provided under
146.32subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure
146.33or hammer test, and shall ascertain by a thorough internal and external examination
146.34that they are well made and of good and suitable material; that the openings for the
146.35passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of
147.1proper dimensions and free from obstructions; that the flues are circular in form; that the
147.2arrangements for delivering the feed water are such that the boilers cannot be injured
147.3thereby; and that such boilers and their connections may be safely used without danger to
147.4life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions,
147.5sufficient in number, and properly arranged, and that the safety valves are so adjusted as
147.6to allow no greater pressure in the boilers than the amount prescribed by the inspector's
147.7certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate
147.8the amount of water, and suitable gauges that will correctly record the pressure; and
147.9that the fusible metals are properly inserted where required so as to fuse by the heat of
147.10the furnace whenever the water in the boiler falls below its prescribed limit; and that
147.11provisions are made for an ample supply of water to feed the boilers at all times; and that
147.12means for blowing out are provided, so as to thoroughly remove the mud and sediment
147.13from all parts when under pressure.
147.14    Subd. 2. Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000
147.15pounds per hour or more capacity which has an internal continuous water treatment
147.16program approved by the department and which the chief boiler inspector commissioner
147.17has determined to be in compliance with paragraph (c).
147.18    (b) A qualifying boiler must be inspected at least once every 24 months internally
147.19and externally while not under pressure and at least once every 18 months externally
147.20while under pressure. If the inspector considers it necessary to conduct a hydrostatic test
147.21to determine the safety of a boiler, the test must be conducted under the direction of the
147.22owner, contractor, or user of the equipment under the supervision of an inspector.
147.23    (c) The owner of a qualifying boiler must keep accurate records showing the date
147.24and actual time the boiler is out of service, the reason or reasons therefor, and the chemical
147.25physical laboratory analysis of samples of the boiler water taken at regular intervals of
147.26not more than 48 hours of operation which adequately show the condition of the water,
147.27and any elements or characteristics of the water capable of producing corrosion or other
147.28deterioration of the boiler or its parts.
147.29    (d) If an inspector determines there are substantial deficiencies in equipment or in
147.30boiler water treatment operating procedures, inspections of a qualifying boiler may be
147.31required once every 12 months until the chief boiler inspector commissioner finds that the
147.32substantial deficiencies have been corrected.

147.33    Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:
147.34183.46 TESTS.
147.35    In subjecting both high and low pressure boilers and pressure vessels to the
147.36hydrostatic test, and to determine the safe allowable working pressure, the inspector shall
148.1use the latest approved formula of the American Society of Mechanical Engineers ASME
148.2Code or National Board Inspection Code, as applicable.

148.3    Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:
148.4183.465 STANDARDS OF INSPECTION.
148.5    The engineering standards of boilers and pressure vessels for use in this state shall
148.6be that established by the current edition of the and amendments to the ASME Code or the
148.7National Board Inspection Code, as applicable, for construction, operation and care of,
148.8in-service inspection and testing, and controls and safety devices codes of the American
148.9Society of Mechanical Engineers and amendments thereto, and by the rules of the Division
148.10of Boiler Inspection adopted by the department of Labor and Industry.

148.11    Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:
148.12183.466 STANDARDS OF REPAIRS.
148.13    The rules for repair of boilers and pressure vessels for use in this state shall be those
148.14established by the National Board of Boiler and Pressure Vessel Inspectors inspection
148.15code and the rules of the Division of Boiler Inspection adopted by the department of
148.16Labor and Industry.

148.17    Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:
148.18183.48 SPECIAL EXAMINATION.
148.19    At any time the inspector deems it necessary an examination shall be made of any
148.20If an inspector examines a boiler or pressure vessel which there is reason to believe has
148.21become and determines that the boiler or pressure vessel is unsafe, and the inspector shall
148.22notify the owners or operators thereof owner or operator of any defect therein, and what
148.23repairs are necessary in that boiler or pressure vessel. Such boiler or pressure vessel
148.24shall not thereafter be used until so repaired the defect is corrected. Boilers found to be
148.25operated by unlicensed or improperly licensed persons shall not be used until the operators
148.26are properly licensed. If circumstances warrant continued operation, approval may be
148.27given for continuing operation for a specific period of time, not to exceed 30 days, at the
148.28discretion of the boiler inspector.

148.29    Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:
148.30183.501 LICENSE REQUIREMENT.
148.31    (a) No person individual shall be entrusted with the operation of or operate any
148.32boiler, steam engine, or turbine who has not received a license of grade covering that
148.33boiler, steam engine or turbine. The license shall be renewed annually, except as provided
148.34in section 183.411. When a violation of this section occurs the Division of Boiler
149.1Inspection may cause a complaint to be made for the prosecution of the offender and shall
149.2be entitled to sue for and obtain injunctive relief in the district courts for such violations.
149.3    (b) For purposes of this chapter, "operation" shall not include monitoring of an
149.4automatic boiler, either through on premises inspection of the boiler or by remote
149.5electronic surveillance, provided that no operations are performed upon the boiler other
149.6than emergency shut down in alarm situations.
149.7    (c) No individual under the influence of illegal drugs or alcohol shall be entrusted
149.8with the operation of or shall operate any boiler, steam engine, or turbine, or shall be
149.9entrusted with the monitoring of or shall monitor an automatic boiler.

149.10    Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:
149.11183.505 APPLICATIONS FOR LICENSES.
149.12    The chief boiler inspector commissioner shall prepare blank applications on which
149.13applications for engineers' licenses shall be made under oath of the applicant. These
149.14blanks shall be so formulated as to elicit such information as is desirable needed to
149.15enable the examiners to pass on determine whether an applicant meets the qualifications
149.16of applicants required for the license.

149.17    Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:
149.18183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
149.19    Subdivision 1. Engineers, classes. Engineers shall be divided into four classes:
149.20    (1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade
149.21A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade
149.22C. (4) Special engineers.
149.23    Subd. 2. Applications. Any person individual who desires an engineer's license
149.24shall submit a written an application, on blanks furnished by the commissioner or designee
149.25on a written or electronic form prescribed by the commissioner, at least 15 days before
149.26the requested exam date. The application is valid for permits the applicant to take the
149.27examination on one occasion within one year from the date the commissioner or designee
149.28received receives the application.
149.29    Subd. 2a. Examinations. Each applicant for a license must pass an examination
149.30approved developed and administered by the commissioner. The examinations shall be
149.31of sufficient scope to establish the competency of the applicant to operate a boiler of the
149.32applicable license class and grade.
149.33    Subd. 3. High and low pressure boilers. For the purposes of this section and
149.34section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor
150.1pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure
150.2exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
150.3    Low pressure boilers shall mean boilers operating at a steam or other vapor pressure
150.4of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed
150.5160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
150.6    Subd. 4. Chief engineer, Grade A. A person An individual seeking licensure as
150.7a chief engineer, Grade A, shall be at least 18 years of age and have experience which
150.8verifies that the person individual is competent to take charge of and be responsible for the
150.9safe operation and maintenance of all classes of boilers, steam engines, and turbines and
150.10their appurtenances; and, before receiving a license, the applicant shall take and subscribe
150.11an oath attesting to at least five years actual experience in operating such boilers, including
150.12at least two years experience in operating such engines or turbines.
150.13    Subd. 5. Chief engineer, Grade B. A person An individual seeking licensure as a
150.14chief engineer, Grade B, shall be at least 18 years of age and have habits and experience
150.15which justify the belief that the person individual is competent to take charge of and be
150.16responsible for the safe operation and maintenance of all classes of boilers and their
150.17appurtenances; and, before receiving a license, the applicant shall take and subscribe an
150.18oath attesting to at least five years actual experience in operating those boilers.
150.19    Subd. 6. Chief engineer, Grade C. A person An individual seeking licensure as a
150.20chief engineer, Grade C, shall be at least 18 years of age and have habits and experience
150.21which justify the belief that the person individual is competent to take charge of and
150.22be responsible for the safe operation and maintenance of all classes of low pressure
150.23boilers and their appurtenances, and before receiving a license, the applicant shall take
150.24and subscribe an oath attesting to at least five years of actual experience in operating
150.25such boilers.
150.26    Subd. 7. First-class engineer, Grade A. A person An individual seeking licensure
150.27as a first-class engineer, Grade A, shall be at least 18 years of age and have experience
150.28which verifies that the person individual is competent to take charge of and be responsible
150.29for the safe operation and maintenance of all classes of boilers, engines, and turbines and
150.30their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a
150.31plant of unlimited horsepower. Before receiving a license, the applicant shall take and
150.32subscribe an oath attesting to at least three years actual experience in operating such
150.33boilers, including at least two years experience in operating such engines or turbines.
150.34    Subd. 8. First-class engineer, Grade B. A person An individual seeking licensure
150.35as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and
151.1experience which justify the belief that the person individual is competent to take charge
151.2of and be responsible for the safe operation and maintenance of all classes of boilers of
151.3not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited
151.4horsepower. Before receiving a license the applicant shall take and subscribe an oath
151.5attesting to at least three years actual experience in operating such boilers.
151.6    Subd. 9. First-class engineer, Grade C. A person An individual seeking licensure
151.7as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and
151.8experience which justify the belief that the person individual is competent to take charge
151.9of and be responsible for the safe operation and maintenance of all classes of low pressure
151.10boilers and their appurtenances of not more than 300 horsepower or to operate as a shift
151.11engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the
151.12applicant shall take and subscribe an oath attesting to at least three years actual experience
151.13in operating such boilers.
151.14    Subd. 10. Second-class engineer, Grade A. A person An individual seeking
151.15licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have
151.16experience which verifies that the person individual is competent to take charge of and
151.17be responsible for the safe operation and maintenance of all classes of boilers, engines,
151.18and turbines and their appurtenances of not more than 100 horsepower or to operate
151.19as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift
151.20engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving
151.21a license the applicant shall take and subscribe an oath attesting to at least one year of
151.22actual experience in operating such boilers, including at least one year of experience in
151.23operating such engines or turbines.
151.24    Subd. 11. Second-class engineer, Grade B. A person An individual seeking
151.25licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have
151.26habits and experience which justify the belief that the person individual is competent to
151.27take charge of and be responsible for the safe operation and maintenance of all classes of
151.28boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not
151.29more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant
151.30of unlimited horsepower. Before receiving a license the applicant shall take and subscribe
151.31an oath attesting to at least one year of actual experience in operating such boilers.
151.32    Subd. 12. Second-class engineer, Grade C. A person An individual seeking
151.33licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have
151.34habits and experience which justify the belief that the person individual is competent to
151.35take charge of and be responsible for the safe operation and maintenance of all classes
152.1of low pressure boilers and their appurtenances of not more than 100 horsepower or to
152.2operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or
152.3to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited
152.4horsepower. Before receiving a license, the applicant shall take and subscribe an oath
152.5attesting to at least one year of actual experience in operating such boilers.
152.6    Subd. 13. Special engineer. A person An individual seeking licensure as a special
152.7engineer shall be at least 18 years of age and have habits and experience which justify
152.8the belief that the person individual is competent to take charge of and be responsible for
152.9the safe operation and maintenance of all classes of boilers and their appurtenances of
152.10not more than 30 horsepower or to operate as a shift engineer in a plant of not more than
152.11100 horsepower, or to serve as an apprentice in any plant under the direct supervision of
152.12the properly licensed engineer.
152.13    Subd. 14. Current boiler operators. Any person individual operating a boiler other
152.14than a steam boiler on or before April 15, 1982 shall be qualified for application for the
152.15applicable class license upon presentation of an affidavit furnished by an inspector and
152.16sworn to by the person's individual's employer or a chief engineer. The applicant must
152.17have at least the number of years of actual experience specified for the class of license
152.18requested and pass the appropriate examination.
152.19    Subd. 15. Rating horsepower. For the purpose of rating boiler horsepower for
152.20engineer license classifications only: ten square feet of heating surface shall be considered
152.21equivalent to one boiler horsepower for conventional boilers and five square feet of
152.22heating surface equivalent to one boiler horsepower for steam coil type generators.

152.23    Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:
152.24    Subdivision 1. Safety Inspection certificate. After examination and tests, if a boiler
152.25inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall
152.26deliver to the chief boiler inspector a verified certificate in such form as prescribed by
152.27the chief boiler inspector containing a specification of the tests applied and the working
152.28pressure allowed. A copy of the certificate is delivered to the owner of the boiler or
152.29pressure vessel, who shall place and retain the same in a conspicuous place on or near
152.30the boiler or pressure vessel. of the boiler or pressure vessel being inspected, the boiler
152.31inspector shall document the condition of the boiler or pressure vessel as required by the
152.32commissioner. The inspector shall issue an inspection certificate, as prescribed by the
152.33commissioner, to the owner or operator for the inspected boilers and pressure vessels
152.34found to be safe and suitable for use. The inspector shall immediately notify the owner or
153.1operator of any deficiencies found on the boilers and pressure vessels during the inspection
153.2on a form prescribed by the commissioner.

153.3    Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:
153.4    Subd. 3. Failure to pay fee. If the owner or lessee of any boiler or pressure vessel,
153.5which boiler or pressure vessel has been duly inspected, refuses to pay the required fee
153.6within 30 days from the date of the inspection invoice, the chief boiler inspector, or
153.7deputy, department may seal the boiler or pressure vessel until the fee is paid.

153.8    Sec. 15. Minnesota Statutes 2006, section 183.545, subdivision 2, is amended to read:
153.9    Subd. 2. Fee amounts; master's. The license and application fee for a master's
153.10license is $50 $45, or $20 $15 if the applicant possesses a valid, unlimited, current United
153.11States Coast Guard master's license. The annual renewal of a master's license is $20 $15.
153.12The annual renewal if paid later than 30 days after expiration is $35 $30. The fee for
153.13replacement of a current, valid license is $20 $15.
153.14EFFECTIVE DATE.This section is effective July 1, 2007.

153.15    Sec. 16. Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:
153.16    Subd. 4. Boiler engineer license fees. For the following licenses, the nonrefundable
153.17license and application fee is:
153.18    (1) chief engineer's license, $50 $45;
153.19    (2) first class engineer's license, $50 $45;
153.20    (3) second class engineer's license, $50 $45;
153.21    (4) special engineer's license, $20 $15; and
153.22    (5) traction or hobby boiler engineer's license, $50 $45.
153.23    An engineer's license may be renewed upon application and payment of an annual
153.24renewal fee of $20 $15. The annual renewal, if paid later than 30 days after expiration, is
153.25$35 $30. The fee for replacement of a current, valid license is $20 $15.
153.26EFFECTIVE DATE.This section is effective July 1, 2007.

153.27    Sec. 17. Minnesota Statutes 2006, section 183.545, subdivision 8, is amended to read:
153.28    Subd. 8. Certificate of competency. The fee for issuance of the original state of
153.29Minnesota certificate of competency for inspectors is $50 $45. This fee is waived for
153.30inspectors who paid the examination fee. The fee for an annual renewal of the state of
153.31Minnesota certificate of competency is $35 $30, and is due January 1 of each year. The
153.32fee for replacement of a current, valid license is $35 $30.
153.33EFFECTIVE DATE.This section is effective July 1, 2007.

154.1    Sec. 18. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision
154.2to read:
154.3    Subd. 11. Late fee. The commissioner may assess a late fee of up to $100 for
154.4each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date
154.5stated on the invoice.
154.6EFFECTIVE DATE.This section is effective July 1, 2007.

154.7    Sec. 19. Minnesota Statutes 2006, section 183.56, is amended to read:
154.8183.56 EXCEPTIONS.
154.9    The provisions of sections 183.38 to 183.62, shall not apply to:
154.10    (1) boilers in buildings occupied solely for residence purposes with accommodations
154.11for not more than five families;
154.12    (2) railroad locomotives operated by railroad companies for transportation purposes;
154.13    (3) air tanks installed on the right-of-way of railroads and used directly in the
154.14operation of trains;
154.15    (4) boilers and pressure vessels under the direct jurisdiction of the United States;
154.16    (5) unfired pressure vessels having an internal or external working pressure not
154.17exceeding 15 p.s.i.g. with no limit on size;
154.18    (6) pressure vessels used for storage of compressed air not exceeding five cubic feet
154.19in volume and equipped with an American Society of Mechanical Engineers ASME code
154.20stamped safety valve set at a maximum of 100 p.s.i.g.;
154.21    (7) pressure vessels having an inside diameter not exceeding six inches;
154.22    (8) every vessel that contains water under pressure, including those containing air
154.23that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and
154.24whose design temperature does not exceed 210 degrees Fahrenheit;
154.25    (9) boiler or pressure vessels located on farms used solely for agricultural or
154.26horticultural purposes; for purposes of this section, boilers used for mint oil extraction
154.27are considered used for agricultural or horticultural purposes, provided that the owner or
154.28lessee complies with the inspection requirements contained in section 183.42;
154.29    (10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
154.30    (11) unfired pressure vessels in petroleum refineries;
154.31    (12) an air tank or pressure vessel which is an integral part of a passenger motor
154.32bus, truck, or trailer;
154.33    (13) hot water heating and other hot liquid boilers not exceeding a heat input of
154.34750,000 BTU per hour;
155.1    (14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000
155.2BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of
155.3120 gallons, or a pressure of 160 p.s.i.g.;
155.4    (15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
155.5    (16) pressure vessels operated full of water or other liquid not materially more
155.6hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees
155.7Fahrenheit or a pressure of 200 p.s.i.g.;
155.8    (17) steam powered turbines at paper-making facilities which are powered by steam
155.9generated by municipal steam district facilities at a remote location; and
155.10    (18) manually fired boilers for model locomotive, boat, tractor, stationary engine,
155.11or antique motor vehicles constructed or maintained only as a hobby for exhibition,
155.12educational or historical purposes and not for commercial use, if the boilers have an
155.13inside diameter of 12 inches or less, or a grate area of two square feet or less, and are
155.14equipped with an American Society of Mechanical Engineers ASME stamped safety valve
155.15of adequate size, a water level indicator, and a pressure gauge.
155.16    An engineer's license is not required for hot water supply boilers.
155.17    An engineer's license is not required for boilers, steam cookers, steam kettles, steam
155.18sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25
155.19kilowatt, 2-1/2 horsepower or and a pressure of 15 p.s.i.g.
155.20    Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum
155.21of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and
155.22shall not require an engineer license to operate.

155.23    Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:
155.24    Subdivision 1. Report required. Any insurance company insuring boilers and
155.25pressure vessels in this state shall file a report showing the most recent date of inspection,
155.26the name of the person individual making the inspection, the condition of the boiler
155.27or pressure vessel as disclosed by the inspection, whether the boiler was operated by
155.28a properly licensed engineer, whether a policy of insurance has been issued by the
155.29company with reference to the boiler or pressure vessel, and other information as directed
155.30by the chief boiler inspector commissioner. Within 21 days after the inspection, the
155.31insurance company shall file the report with the chief boiler inspector or designee and
155.32the commissioner. The insurer shall provide a copy of the report to the person, firm, or
155.33corporation owning or operating the inspected boiler or pressure vessel. Such report shall
155.34be made annually for boilers and biennially for pressure vessels.

155.35    Sec. 21. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:
156.1    Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance
156.2company authorized to do business in this state has issued a policy of insurance, after the
156.3inspection thereof, is exempt from inspection by the department made under sections
156.4183.375 to 183.62, while the same continues to be insured and provided it continues
156.5to be inspected in accordance with the inspection schedule set forth in sections 183.42
156.6and 183.45, and the person, firm, or corporation owning or operating the same has an
156.7unexpired certificate of registration.

156.8    Sec. 22. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:
156.9    Subd. 5. Notice of insurance coverage. The insurer shall notify the commissioner
156.10or designee in writing of its policy to insure and inspect boilers and pressure vessels at a
156.11location within 30 days of receipt of notification from the insured that a boiler or pressure
156.12vessel is present at an insured location. The insurer must also provide a duplicate of the
156.13notification to the insured.

156.14    Sec. 23. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:
156.15    Subd. 6. Notice of discontinued coverage. The insurer shall notify the
156.16commissioner or designee in writing, within 30 days of the effective date, of the
156.17discontinuation of insurance coverage of the boilers and pressure vessels at a location
156.18and the cause or reason for the discontinuation if the insurer has received notice from
156.19the insured that a boiler or pressure vessel is present at an insured location, as provided
156.20under subdivision 5. This notice shall show the effective date when the discontinued
156.21policy takes effect.

156.22    Sec. 24. Minnesota Statutes 2006, section 183.59, is amended to read:
156.23183.59 VIOLATIONS BY INSPECTORS.
156.24    Every inspector who willfully certifies falsely regarding any boiler or its attachments,
156.25or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license
156.26to any person individual to act as engineer, or master, or pilot contrary to any provision of
156.27sections 183.375 to 183.62, is guilty of a misdemeanor. In addition to this punishment the
156.28inspector shall be removed from office forthwith.

156.29    Sec. 25. Minnesota Statutes 2006, section 183.60, is amended to read:
156.30183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
156.31    Subdivision 1. Construction violation. Every No person who constructs shall
156.32construct a boiler, boiler piping, or pressure vessel so as not to meet the minimum
156.33construction requirements of the American Society of Mechanical Engineers ASME boiler
156.34and pressure vessel code, and the rules of the Division of Boiler Inspection adopted by the
156.35 department of Labor and Industry is guilty of a gross misdemeanor.
157.1    Subd. 2. Repair violation. Every No person who repairs a boiler or pressure vessel
157.2by welding or riveting so as not to meet the minimum requirements established by the
157.3current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection
157.4code and the rules of the Division of Boiler Inspection adopted by the department of Labor
157.5and Industry is guilty of a gross misdemeanor.
157.6    Subd. 3. Sale violation. Every No manufacturer, jobber, dealer, or other person
157.7selling or offering shall sell or offer for sale a boiler or pressure vessel that does not meet
157.8the minimum construction requirements of the American Society of Mechanical Engineers
157.9ASME boiler and pressure vessel code and the rules of the Division of Boiler Inspection
157.10adopted by the department of Labor and Industry is guilty of a gross misdemeanor.

157.11    Sec. 26. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:
157.12    Subd. 2. Inspection violation. Any No person who causes shall cause to be
157.13operated, or operates shall operate, any boiler or boat without having the same inspected
157.14at least once each year, or pressure vessel, steam farm traction engine, portable or
157.15stationary show engine, or portable or stationary show boiler without having it inspected
157.16biennially, and or without having the proper engineer or pilot master license is guilty
157.17of a misdemeanor.

157.18    Sec. 27. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:
157.19    Subd. 4. Failure to repair. Every person operating or causing to be operated After
157.20any boiler or pressure vessel after it has been examined and found to be unsafe and after the
157.21owner or operator thereof of the boiler or pressure vessel has been notified of any defect
157.22therein and what repairs are necessary to remedy the defect who fails to comply with the
157.23inspector's requirements is guilty of a misdemeanor in it, no person shall operate the boiler
157.24or pressure vessel or cause it to be operated unless and until the defect has been corrected.

157.25    Sec. 28. [326B.93] INSPECTION PERSONNEL.
157.26    Subdivision 1. Inspectors. The department may employ such inspectors and other
157.27persons as are necessary to efficiently perform the duties and exercise the powers imposed
157.28upon the department.
157.29    Subd. 2. Chief boiler inspector. The commissioner shall appoint a chief boiler
157.30inspector who, under the direction and supervision of the commissioner, shall administer
157.31this chapter and the rules adopted under this chapter. The chief boiler inspector must:
157.32    (1) be licensed as a chief Grade A engineer; and
157.33    (2) possess a current commission issued by the National Board of Boiler and
157.34Pressure Vessel Inspectors.
158.1The chief boiler inspector shall be the state of Minnesota representative on the National
158.2Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority
158.3of the rules adopted under this chapter, and shall perform other duties in administering this
158.4chapter and the rules adopted under this chapter as assigned by the commissioner. Any
158.5adverse ruling by the commissioner must be presented to an administrative law judge.

158.6    Sec. 29. [326B.94] BOATS; MASTERS.
158.7    Subdivision 1. Boat. "Boat" means any vessel navigating inland waters of the state
158.8that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet
158.9or more in length.
158.10    Subd. 2. Number of passengers. The department shall designate the number of
158.11passengers that each boat may safely carry, and no such boat shall carry a greater number
158.12than is allowed by the inspector's certificate.
158.13    Subd. 3. Annual permit. The commissioner shall issue an annual permit to a boat
158.14for the purpose of carrying passengers for hire on the inland waters of the state provided
158.15the boat satisfies the inspection requirements of this section. A boat subject to inspection
158.16under this chapter shall be registered with the department and shall be inspected before a
158.17permit may be issued. No person shall operate a boat or cause a boat to be operated for the
158.18purpose of carrying passengers for hire on the inland waters of the state without a valid
158.19annual permit issued under this section.
158.20    Subd. 4. Examinations, licensing. The commissioner shall develop and administer
158.21an examination for all masters of boats carrying passengers for hire on the inland waters of
158.22the state as to their qualifications and fitness. If found qualified and competent to perform
158.23their duties as a master of a boat carrying passengers for hire, they shall be issued a license
158.24authorizing them to act as such on the inland waters of the state. The license shall be
158.25renewed annually. Fees for the original issue and renewal of the license authorized under
158.26this section shall be pursuant to section 183.545, subdivision 2.
158.27    Subd. 5. Rules. (a) The department shall prescribe rules for the inspection of the
158.28hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances,
158.29and lifesaving equipment of all power boats navigating the inland waters of the state,
158.30which shall conform to the requirements and specifications of the United States Coast
158.31Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable
158.32inland waters; these rules shall have the force of law.
158.33    (b) The commissioner shall make such rules for inspection and operation of boats
158.34subject to inspection under this chapter, the licensing of masters, and the navigation of any
158.35such boat as will require its operation without danger to life or property.
159.1    Subd. 6. Drugs, alcohol. No master shall be under the influence of illegal drugs
159.2or alcohol when on duty.

159.3    Sec. 30. REVISOR'S INSTRUCTION.
159.4    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
159.5column A with the number listed in column B. The revisor shall also make necessary
159.6cross-reference changes consistent with the renumbering.

159.7	Column A	Column B
159.8	183.38	326B.952
159.9	183.39	326B.954
159.10	183.411	326B.956
159.11	183.42	326B.958
159.12	183.45	326B.96
159.13	183.46	326B.962
159.14	183.465	326B.964
159.15	183.466	326B.966
159.16	183.48	326B.968
159.17	183.50	326B.97
159.18	183.501	326B.972
159.19	183.502	326B.974
159.20	183.505	326B.976
159.21	183.51	326B.978
159.22	183.53	326B.98
159.23	183.54	326B.982
159.24	183.545	326B.986
159.25	183.56	326B.988
159.26	183.57	326B.99
159.27	183.59	326B.992
159.28	183.60	326B.994
159.29	183.61	326B.996
159.30	183.62	326B.998

159.33    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
159.34326.46 SUPERVISION OF DEPARTMENT TO SUPERVISE HIGH
159.35PRESSURE PIPING.
159.36    The department of Labor and Industry shall supervise all high pressure piping used
159.37on all projects in this state, and may prescribe minimum standards which shall be uniform.
159.38    The department shall employ inspectors and other assistants to carry out the
159.39provisions of sections 326.46 to 326.52.

160.1    Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
160.2to read:
160.3    Subd. 1a. Contracting high pressure pipefitter. "Contracting high pressure
160.4pipefitter" means an individual, such as a steamfitter, engaged in the planning,
160.5superintending, and practical installation of high pressure piping and appurtenances, and
160.6otherwise lawfully qualified to construct high pressure piping installations and make
160.7replacements to existing plants, who is also qualified to conduct the business of high
160.8pressure piping installations and who is familiar with the laws, rules, and minimum
160.9standards governing them.

160.10    Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
160.11to read:
160.12    Subd. 2a. High pressure steam. "High pressure steam" means a pressure in excess
160.13of 15 pounds per square inch.

160.14    Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
160.15to read:
160.16    Subd. 2b. Journeyman high pressure pipefitter. "Journeyman high pressure
160.17pipefitter" means an individual, such as a steamfitter, who is not a contracting high
160.18pressure pipefitter and who is engaged in the practical installation of high pressure piping
160.19and appurtenances in the employ of a contracting high pressure pipefitter.

160.20    Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
160.21to read:
160.22    Subd. 4. Pipefitter apprentice. A "pipefitter apprentice" is an individual, other than
160.23a contracting pipefitter, journeyman pipefitter, or pipefitter apprentice, who as a principal
160.24occupation is in the employ of a high pressure piping business license holder and is
160.25engaged in pipefitter work to learn and assist in the practical construction and installation
160.26of high pressure piping and appurtenances. For purposes of this subdivision, a "pipefitter
160.27apprentice" is an individual employed in the trade of the practical construction and
160.28installation of high pressure piping and appurtenances under an apprenticeship agreement
160.29approved by the department under Minnesota Rules, part 5200.0300.
160.30EFFECTIVE DATE.This section is effective July 1, 2007.

160.31    Sec. 6. Minnesota Statutes 2006, section 326.47, is amended to read:
160.32326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
160.33    Subdivision 1. Required permit. No person, firm, or corporation shall construct or
160.34install high pressure piping systems without first filing an application for a permit with the
161.1department of Labor and Industry or a municipality that has complied with subdivision 2.
161.2Projects under construction prior to August 1, 1984, are not required to obtain a permit.
161.3    Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
161.4provide for the inspection of high pressure piping system materials and construction, and
161.5provide that it shall not be constructed or installed except in accordance with minimum
161.6state standards. The authority designated by the ordinance for issuing high pressure piping
161.7permits and assuring compliance with state standards must report to the Department of
161.8Labor and Industry all violations of state high pressure piping standards.
161.9    A municipality may not adopt an ordinance with high pressure piping standards
161.10that does not conform to the uniform standards prescribed by the Department of Labor
161.11and Industry. The Department of Labor and Industry shall specify by rule the minimum
161.12qualifications for municipal inspectors. The commissioner may enter into an agreement
161.13with a municipality, in which the municipality agrees to perform inspections and issue
161.14permits for the construction and installation of high pressure piping systems within the
161.15municipality's geographical area of jurisdiction, if:
161.16    (a) The municipality has adopted:
161.17    (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
161.185230.6200;
161.19    (2) an ordinance that authorizes the municipality to issue permits to persons holding
161.20a high pressure piping business license issued by the department and only for construction
161.21or installation that would, if performed properly, fully comply with all Minnesota Statutes
161.22and Minnesota Rules;
161.23    (3) an ordinance that authorizes the municipality to perform the inspections that are
161.24required under Minnesota Statutes or Minnesota Rules of the construction and installation
161.25of high pressure piping systems; and
161.26    (4) an ordinance that authorizes the municipality to enforce the code for power
161.27piping systems in its entirety.
161.28    (b) The municipality agrees to issue permits only to persons holding a high pressure
161.29piping business license as required by law at the time of the permit issuance, and only for
161.30construction or installation that would, if performed properly, comply with all Minnesota
161.31Statutes and Minnesota Rules governing the construction or installation of high pressure
161.32piping systems.
161.33    (c) The municipality agrees to issue permits only on forms approved by the
161.34department.
161.35    (d) The municipality agrees that, for each permit issued by the municipality, the
161.36municipality shall perform one or more inspections of the construction or installation to
162.1determine whether the construction or installation complies with all Minnesota Statutes
162.2and Minnesota Rules governing the construction or installation of high pressure piping
162.3systems, and shall prepare a written report of each inspection.
162.4    (e) The municipality agrees to notify the commissioner within 24 hours after the
162.5municipality discovers any violation of the licensing laws related to high pressure piping.
162.6    (f) The municipality agrees to notify the commissioner immediately if the
162.7municipality discovers that any entity has failed to meet a deadline set by the municipality
162.8for correction of a violation of the high pressure piping laws.
162.9    (g) The commissioner determines that the individuals who will conduct the
162.10inspections for the municipality do not have any conflict of interest in conducting the
162.11inspections.
162.12    (h) Individuals who will conduct the inspections for the municipality are permanent
162.13employees of the municipality and are licensed contracting high pressure pipefitters or
162.14licensed journeyman high pressure pipefitters.
162.15    (i) The municipality agrees to notify the commissioner within ten days of any
162.16changes in the names or qualifications of the individuals who conduct the inspections
162.17for the municipality.
162.18    (j) The municipality agrees to enforce in its entirety the code for power piping
162.19systems on all projects.
162.20    (k) The municipality shall not approve any piping installation unless the installation
162.21conforms to all applicable provisions of the high pressure piping laws in effect at the
162.22time of the installation.
162.23    (l) The municipality agrees to promptly require compliance or revoke a permit that
162.24it has issued if there is noncompliance with any of the applicable provisions of the high
162.25pressure piping laws in connection with the work covered by the permit. The municipality
162.26agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
162.27violated.
162.28    (m) The municipality agrees to keep official records of all documents received,
162.29including permit applications, and of all permits issued, reports of inspections, and notices
162.30issued in connection with inspections.
162.31    (n) The municipality agrees to maintain the records described in paragraph (m) in
162.32the official records of the municipality for the period required for the retention of public
162.33records under section 138.17, and shall make these records readily available for review
162.34according to section 13.37.
162.35    (o) Not later than the tenth day of each month, the municipality shall submit to the
162.36commissioner a report of all high pressure piping permits issued by the municipality during
163.1the preceding month. This report shall be in a format approved by the commissioner
163.2and shall include:
163.3    (1) the name of the contractor;
163.4    (2) the license number of the contractor's license issued by the commissioner;
163.5    (3) the permit number;
163.6    (4) the address of the job;
163.7    (5) the date the permit was issued;
163.8    (6) a brief description of the work; and
163.9    (7) the amount of the inspection fee.
163.10    (p) Not later than the 31st day of January of each year, the municipality shall submit
163.11a summary report to the commissioner identifying the status of each high pressure piping
163.12project for which the municipality issued a permit during the preceding year, and the
163.13status of high pressure piping projects for which the municipality issued a permit during a
163.14prior year where no final inspection had occurred by the first day of the preceding year.
163.15This summary report shall include:
163.16    (1) the permit number;
163.17    (2) the date of any final inspection; and
163.18    (3) identification of any violation of high pressure piping laws related to work
163.19covered by the permit.
163.20    (q) The municipality and the commissioner agree that if at any time during the
163.21agreement the municipality does not have in effect the code for high pressure piping
163.22systems or any of the ordinances described in paragraph (a), or if the commissioner
163.23determines that the municipality is not properly administering and enforcing the code for
163.24high pressure piping or is otherwise not complying with the agreement:
163.25    (1) the commissioner may, effective 14 days after the municipality's receipt of
163.26written notice, terminate the agreement and have the administration and enforcement of
163.27the high pressure piping code in the involved municipality undertaken by the department;
163.28    (2) the municipality may challenge the termination in a contested case before the
163.29commissioner pursuant to the Administrative Procedure Act; and
163.30    (3) while any challenge under clause (2) is pending, the commissioner may exercise
163.31oversight of the municipality to the extent needed to ensure that high pressure piping
163.32inspections are performed and permits are issued in accordance with the high pressure
163.33piping laws.
163.34    (r) The municipality and the commissioner agree that the municipality may terminate
163.35the agreement with or without cause on 90 days' written notice to the commissioner.
164.1    (s) The municipality and the commissioner agree that no municipality shall
164.2revoke, suspend, or place restrictions on any high pressure piping license issued by the
164.3commissioner. If the municipality identifies during an inspection any violation that
164.4may warrant revocation, suspension, or placement of restrictions on a high pressure
164.5piping license issued by the commissioner, the municipality shall promptly notify the
164.6commissioner of the violation and the commissioner shall determine whether revocation,
164.7suspension, or placement of restrictions on any high pressure piping license issued by
164.8the commissioner is appropriate.
164.9    Subd. 5. Reporting of permits issued. Each municipality must submit to the
164.10Department of Labor and Industry a copy of each permit issued within ten days after
164.11issuance.
164.12    All permits must be issued on forms prescribed by or approved by the Department of
164.13Labor and Industry.
164.14    Subd. 6. Filing and inspection fees. (a) The department of Labor and Industry must
164.15charge a filing fee set by the commissioner under section 16A.1285 and an inspection fee
164.16for all applications for permits to construct or install high pressure piping systems. The
164.17filing fee for inspection of high pressure piping system construction or installation shall
164.18be set by the commissioner under section 16A.1285 $100. This subdivision does The
164.19inspection fee shall be calculated as follows.
164.20    (1) When an application for a permit is filed prior to the start of construction or
164.21installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus
164.220.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of
164.23construction or installation.
164.24    (2) Except as provided in paragraph (b), when an application for permit is filed after
164.25the start of construction or installation, the inspection fee shall be the greater of: $1,100;
164.26or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011
164.27of the amount over $3,000,000 of the cost of construction or installation.
164.28    (b) The commissioner shall consider any extenuating circumstances that caused an
164.29application for permit to be filed after the start of construction or installation. If warranted
164.30by such extenuating circumstances, the commissioner may calculate the inspection fee as
164.31if the application for permit had been filed prior to the start of construction or installation.
164.32    (c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality
164.33complying with according to an agreement under subdivision 2.
164.34EFFECTIVE DATE.This section is effective December 1, 2007, except that
164.35subdivision 6 is effective July 1, 2007.

165.1    Sec. 7. Minnesota Statutes 2006, section 326.48, is amended to read:
165.2326.48 LICENSING AND REGISTRATION.
165.3    Subdivision 1. License required; rules; time credit. No person individual shall
165.4engage in or work at the business of a contracting high pressure pipefitter unless issued
165.5an individual contracting high pressure pipefitter license to do so by the department of
165.6Labor and Industry. No license shall be required for repairs on existing installations. No
165.7person individual shall engage in or work at the business of journeyman pipefitter unless
165.8issued an individual journeyman high pressure pipefitter competency license to do so by
165.9the department of Labor and Industry. A person possessing an individual contracting
165.10high pressure pipefitter competency license may also work as a journeyman high pressure
165.11pipefitter.
165.12    No person, partnership, firm, or corporation shall construct or install high pressure
165.13piping, nor install high pressure piping in connection with the dealing in and selling
165.14of high pressure pipe material and supplies, unless, at all times, a person an individual
165.15possessing a contracting high pressure pipefitter individual competency license or a
165.16journeyman high pressure pipefitter individual competency license is responsible for
165.17ensuring that the high pressure pipefitting work conducted by the person, partnership, firm,
165.18or corporation being is in conformity with Minnesota Statutes and Minnesota Rules.
165.19    The department of Labor and Industry shall prescribe rules, not inconsistent
165.20herewith, for the examination and individual competency licensing of contracting high
165.21pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits
165.22by the department and municipalities for the installation of high pressure piping.
165.23    An employee performing the duties of inspector for the department of Labor and
165.24Industry in regulating pipefitting shall not receive time credit for the inspection duties
165.25when making an application for a license required by this section.
165.26    Subd. 2. High pressure pipefitting business license. Before obtaining a permit
165.27for high pressure piping work, a person, partnership, firm, or corporation must obtain or
165.28utilize a business with a high pressure piping business license.
165.29    A person, partnership, firm, or corporation must have at all times as a full-time
165.30employee at least one individual holding an individual contracting high pressure pipefitter
165.31competency license. Only full-time employees who hold individual contracting high
165.32pressure pipefitter licenses are authorized to obtain high pressure piping permits in the
165.33name of the business. The individual contracting high pressure pipefitter competency
165.34license holder can be the employee of only one high pressure piping business at a time.
165.35    To retain its business license without reapplication, a person, partnership, firm,
165.36or corporation holding a high pressure piping business license that ceases to employ a
166.1person an individual holding an individual contracting high pressure pipefitter competency
166.2license shall have 60 days from the last day of employment of its previous individual
166.3contracting pipefitter competency license holder to employ another license holder. The
166.4department of Labor and Industry must be notified no later than five days after the last day
166.5of employment of the previous license holder.
166.6    No high pressure pipefitting work may be performed during any period when the
166.7high pressure pipefitting business does not have an individual contracting high pressure
166.8pipefitter competency license holder on staff. If a license holder is not employed within
166.960 days after the last day of employment of the previous license holder, the pipefitting
166.10business license shall lapse.
166.11    The department of Labor and Industry shall prescribe by rule procedures for
166.12application for and issuance of business licenses and fees.
166.13    Subd. 2a. Registration requirement. All pipefitter apprentices must be registered
166.14under subdivision 2b. No individual may be a registered pipefitter apprentice for more than
166.15four years unless the individual has a pending application to be licensed as a journeyman
166.16pipefitter. No high pressure piping business shall employ a pipefitter apprentice to help
166.17and assist in the construction and installation of high pressure piping unless the pipefitter
166.18apprentice is registered.
166.19A registered pipefitter apprentice is authorized to assist in the practical construction and
166.20installation of high pressure piping and appurtenances only while under direct supervision
166.21of a licensed individual contacting pipefitter. The licensed individual contracting pipefitter
166.22is responsible for ensuring that all high pressure piping work performed by the registered
166.23pipefitter apprentice complies with Minnesota Statutes and Minnesota Rules.
166.24    Subd. 3. Bond. The As a condition of licensing, each applicant for a high pressure
166.25piping business license or renewal shall give bond to the state in the total penal sum of
166.26$15,000 conditioned upon the faithful and lawful performance of all work entered upon
166.27contracted for or performed within the state. The bond shall run to and be for the benefit of
166.28persons injured or suffering financial loss by reason of failure of payment or performance.
166.29Claims and actions on the bond may be brought according to sections 574.26 to 574.38.
166.30    The term of the bond must be concurrent with the term of the high pressure
166.31pipefitting business license and run without interruption from the date of the issuance of
166.32the license to the end of the calendar year. All high pressure pipefitting business licenses
166.33must be annually renewed on a calendar year basis.
166.34    The bond must be filed with the department of Labor and Industry and shall be
166.35in lieu of any other business license bonds required by any political subdivision for
167.1high pressure pipefitting. The bond must be written by a corporate surety licensed to
167.2do business in the state.
167.3    Subd. 4. Insurance. In addition to the bond described in subdivision 3, each
167.4applicant for a high pressure pipefitting business license or renewal shall have in force
167.5public liability insurance, including products liability insurance, with limits of at least
167.6$100,000 per person and $300,000 per occurrence and property damage insurance with
167.7limits of at least $50,000.
167.8    The insurance must be kept in force for the entire term of the high pressure
167.9pipefitting business license, and the license shall be suspended by the department if at any
167.10time the insurance is not in force.
167.11    The insurance must be written by an insurer licensed to do business in the state and
167.12shall be in lieu of any other insurance required by any subdivision of government for
167.13high pressure pipefitting. Each person, partnership, firm, or corporation holding a high
167.14pressure pipefitting business license shall maintain on file with the department a certificate
167.15evidencing the insurance. Any purported cancellation of insurance shall not be effective
167.16without the insurer first giving 30 days' written notice to the department.
167.17    Subd. 5. License fee. The state department of Labor and Industry may shall charge
167.18each applicant for a high pressure pipefitting business license or for a renewal of a high
167.19pressure pipefitting business license and an additional fee commensurate with the cost of
167.20administering the bond and insurance requirements of subdivisions 3 and 4. the following
167.21license fees:
167.22    (a) application for journeyman high pressure piping pipefitter competency license,
167.23$100;
167.24    (b) renewal of journeyman high pressure piping pipefitter competency license, $60;
167.25    (c) application for contracting high pressure piping pipefitter competency license,
167.26$250;
167.27    (d) renewal of contracting high pressure piping pipefitter competency license, $220;
167.28    (e) application for high pressure piping business license, $350;
167.29    (f) application to inactivate a contracting high pressure piping pipefitter competency
167.30license or inactivate a journeyman high pressure piping pipefitter competency license,
167.31$30; and
167.32    (g) renewal of an inactive contracting high pressure piping pipefitter competency
167.33license or inactive journeyman high pressure piping pipefitter competency license, $30.
167.34    If an application for renewal of an active or inactive journeyman high pressure
167.35piping pipefitter competency license or active or inactive contracting high pressure piping
168.1competency license is received by the department after the date of expiration of the
168.2license, a $30 late renewal fee shall be added to the license renewal fee.
168.3    Payment must accompany the application for a license or renewal of a license. There
168.4shall be no refund of fees paid.
168.5EFFECTIVE DATE.This section is effective December 1, 2007, except that
168.6subdivisions 2a, 2b, and 5 are effective July 1, 2007.

168.7    Sec. 8. Minnesota Statutes 2006, section 326.50, is amended to read:
168.8326.50 LICENSE APPLICATION; FEES AND RENEWAL.
168.9    Application for an individual contracting high pressure pipefitter competency or an
168.10individual journeyman high pressure pipefitter competency license shall be made to the
168.11department of Labor and Industry, with fees. The applicant shall be licensed only after
168.12passing an examination developed and administered by the department of Labor and
168.13Industry. A competency license issued by the department shall expire on December 31
168.14of each year. A renewal application must be received by the department within one year
168.15after expiration of the competency license. A license that has been expired for more
168.16than one year cannot be renewed, and can only be reissued if the applicant submits a
168.17new application for the competency license, pays a new application fee, and retakes and
168.18passes the applicable license examination.

168.19    Sec. 9. [326.501] RECIPROCITY WITH OTHER STATES.
168.20    The commissioner may issue a temporary license without examination, upon
168.21payment of the required fee, nonresident applicants who are licensed under the laws of a
168.22state having standards for licensing which the commissioner determines are substantially
168.23equivalent to the standards of this state if the other state grants similar privileges to
168.24Minnesota residents duly licensed in this state. Applicants who receive a temporary
168.25license under this section may acquire a cumulative 24 months of experience before
168.26they have to apply and pass the licensing examination. Applicants must register with the
168.27commissioner of labor and industry and the commissioner shall set a fee for a temporary
168.28license. Applicants have four years in which to comply with this section.

168.29    Sec. 10. REVISOR'S INSTRUCTION.
168.30    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
168.31column A with the number listed in column B. The revisor shall also make necessary
168.32cross-reference changes consistent with the renumbering.

168.33	Column A	Column B
168.34	326.46	326B.90
168.35	326.461	326B.91
169.1	326.47	326B.92
169.2	326.48	326B.93
169.3	326.50	326B.94

169.6    Section 1. Minnesota Statutes 2006, section 31.175, is amended to read:
169.731.175 WATER, PLUMBING, AND SEWAGE.
169.8    A person who is required by statutes administered by the Department of Agriculture,
169.9or by rules adopted pursuant to those statutes, to provide a suitable water supply, or
169.10plumbing or sewage disposal system, may not engage in the business of manufacturing,
169.11processing, selling, handling, or storing food at wholesale or retail unless the person's
169.12water supply is satisfactory under plumbing codes adopted by the Department of Health
169.13Labor and Industry and the person's sewage disposal system satisfies the rules of the
169.14Pollution Control Agency.

169.15    Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:
169.16    Subd. 3. Construction requirements. (a) Withdrawal and reinjection for the
169.17groundwater thermal exchange device must be accomplished by a closed system in which
169.18the waters drawn for thermal exchange do not have contact or commingle with water
169.19from other sources or with polluting material or substances. The closed system must be
169.20constructed to allow an opening for inspection by the commissioner.
169.21    (b) Wells that are part of a groundwater thermal exchange system may not serve
169.22another function, except water may be supplied to the domestic water system if:
169.23    (1) the supply is taken from the thermal exchange system ahead of the heat exchange
169.24unit; and
169.25    (2) the domestic water system is protected by an airgap or backflow prevention
169.26device as described in rules relating to plumbing enforced by the commissioner of labor
169.27and industry.
169.28    (c) A groundwater thermal exchange system may be used for domestic water heating
169.29only if the water heating device is an integral part of the heat exchange unit that is used for
169.30space heating and cooling.

169.31    Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read:
169.32144.122 LICENSE, PERMIT, AND SURVEY FEES.
169.33    (a) The state commissioner of health, by rule, may prescribe procedures and fees
169.34for filing with the commissioner as prescribed by statute and for the issuance of original
169.35and renewal permits, licenses, registrations, and certifications issued under authority of
169.36the commissioner. The expiration dates of the various licenses, permits, registrations,
170.1and certifications as prescribed by the rules shall be plainly marked thereon. Fees may
170.2include application and examination fees and a penalty fee for renewal applications
170.3submitted after the expiration date of the previously issued permit, license, registration,
170.4and certification. The commissioner may also prescribe, by rule, reduced fees for permits,
170.5licenses, registrations, and certifications when the application therefor is submitted
170.6during the last three months of the permit, license, registration, or certification period.
170.7Fees proposed to be prescribed in the rules shall be first approved by the Department of
170.8Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
170.9in an amount so that the total fees collected by the commissioner will, where practical,
170.10approximate the cost to the commissioner in administering the program. All fees collected
170.11shall be deposited in the state treasury and credited to the state government special revenue
170.12fund unless otherwise specifically appropriated by law for specific purposes.
170.13    (b) The commissioner may charge a fee for voluntary certification of medical
170.14laboratories and environmental laboratories, and for environmental and medical laboratory
170.15services provided by the department, without complying with paragraph (a) or chapter 14.
170.16Fees charged for environment and medical laboratory services provided by the department
170.17must be approximately equal to the costs of providing the services.
170.18    (c) The commissioner may develop a schedule of fees for diagnostic evaluations
170.19conducted at clinics held by the services for children with disabilities program. All
170.20receipts generated by the program are annually appropriated to the commissioner for use
170.21in the maternal and child health program.
170.22    (d) The commissioner shall set license fees for hospitals and nursing homes that are
170.23not boarding care homes at the following levels:

170.24 170.25 170.26 170.27	Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Osteopathic Association (AOA) hospitals	$7,555 plus $13 per bed
170.28	Non-JCAHO and non-AOA hospitals	$5,180 plus $247 per bed
170.29	Nursing home	$183 plus $91 per bed

170.30    The commissioner shall set license fees for outpatient surgical centers, boarding care
170.31homes, and supervised living facilities at the following levels:

170.32	Outpatient surgical centers	$3,349
170.33	Boarding care homes	$183 plus $91 per bed
170.34	Supervised living facilities	$183 plus $91 per bed.

170.35    (e) Unless prohibited by federal law, the commissioner of health shall charge
170.36applicants the following fees to cover the cost of any initial certification surveys required
170.37to determine a provider's eligibility to participate in the Medicare or Medicaid program:

171.1	Prospective payment surveys for hospitals	$900
171.2	Swing bed surveys for nursing homes	$1,200
171.3	Psychiatric hospitals	$1,400
171.4	Rural health facilities	$1,100
171.5	Portable x-ray providers	$500
171.6	Home health agencies	$1,800
171.7	Outpatient therapy agencies	$800
171.8	End stage renal dialysis providers	$2,100
171.9	Independent therapists	$800
171.10 171.11	Comprehensive rehabilitation outpatient facilities	$1,200
171.12	Hospice providers	$1,700
171.13	Ambulatory surgical providers	$1,800
171.14	Hospitals	$4,200
171.15 171.16 171.17 171.18	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.

171.19    These fees shall be submitted at the time of the application for federal certification
171.20and shall not be refunded. All fees collected after the date that the imposition of fees is not
171.21prohibited by federal law shall be deposited in the state treasury and credited to the state
171.22government special revenue fund.
171.23    (f) The commissioner shall charge the following fees for examinations, registrations,
171.24licenses, and inspections:

171.25	Plumbing examination		$ 50
171.26	Water conditioning examination		$ 50
171.27	Plumbing bond registration fee		$ 40
171.28	Water conditioning bond registration fee		$ 40
171.29	Master plumber's license		$120
171.30	Journeyman plumber's license		$ 55
171.31	Apprentice registration		$ 25
171.32	Water conditioning contractor license		$ 70
171.33	Water conditioning installer license		$ 35
171.34	Residential inspection fee (each visit)		$ 50
171.35 171.36	Public, commercial, and industrial inspections		Inspection fee
171.37	25 or fewer drainage fixture units		$ 300
171.38	26 to 50 drainage fixture units		$ 900
171.39	51 to 150 drainage fixture units		$1,200
171.40	151 to 249 drainage fixture units		$1,500
171.41	250 or more drainage fixture units		$1,800
171.42	Callback fee (each visit)		$100

172.1EFFECTIVE DATE.This section is effective July 1, 2007.

172.2    Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:
172.3    Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and
172.4sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12),
172.5(13), (14), and (15) ; 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to
172.6144.385 ; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992;
172.7326.37 to 326.45; 326.57 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and
172.8all rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
172.9registrations, certificates, and permits adopted or issued by the department or under any
172.10other law now in force or later enacted for the preservation of public health may, in
172.11addition to provisions in other statutes, be enforced under this section.

172.12    Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:
172.13    Subdivision 1. Established. The Department of Labor and Industry shall consist
172.14of the following divisions: Division of Workers' Compensation, Division of Boiler
172.15Inspection Construction Codes and Licensing, Division of Occupational Safety and
172.16Health, Division of Statistics, Division of Steamfitting Standards, Division of Labor
172.17Standards and Apprenticeship, and such other divisions as the commissioner of the
172.18Department of Labor and Industry may deem necessary and establish. Each division of
172.19the department and persons in charge thereof shall be subject to the supervision of the
172.20commissioner of the Department of Labor and Industry and, in addition to such duties
172.21as are or may be imposed on them by statute, shall perform such other duties as may be
172.22assigned to them by the commissioner. Notwithstanding any other law to the contrary,
172.23the commissioner is the administrator and supervisor of all of the department's dispute
172.24resolution functions and personnel and may delegate authority to compensation judges
172.25and others to make determinations under sections 176.106, 176.238, and 176.239 and to
172.26approve settlement of claims under section 176.521.

172.27    Sec. 6. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
172.28    Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a
172.29license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund.
172.30The contractor's recovery fund is created in the state treasury and must be administered
172.31by the commissioner in the manner and subject to all the requirements and limitations
172.32provided by section 82.43 with the following exceptions:.
172.33    (1) each licensee who renews a license shall pay in addition to the appropriate
172.34renewal fee an additional fee which shall be credited to the contractor's recovery fund. The
173.1amount of the fee shall be based on the licensee's gross annual receipts for the licensee's
173.2most recent fiscal year preceding the renewal, on the following scale:

173.3		Fee	Gross Receipts
173.4		$100	under $1,000,000
173.5		$150	$1,000,000 to $5,000,000
173.6		$200	over $5,000,000

173.7Any person who receives a new license shall pay a fee based on the same scale;
173.8    (2) (1) The purpose of this fund is:
173.9    (i) to compensate any aggrieved owner or lessee of residential property located
173.10within this state who obtains a final judgment in any court of competent jurisdiction
173.11against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or
173.12dishonest practices, conversion of funds, or failure of performance arising directly out
173.13of any transaction when the judgment debtor was licensed and performed any of the
173.14activities enumerated under section 326.83, subdivision 19, on the owner's residential
173.15property or on residential property rented by the lessee, or on new residential construction
173.16which was never occupied prior to purchase by the owner, or which was occupied by the
173.17licensee for less than one year prior to purchase by the owner, and which cause of action
173.18arose on or after April 1, 1994; and
173.19    (ii) to reimburse the Department of Commerce for all legal and administrative
173.20expenses, including staffing costs, incurred in administering the fund;
173.21    (3) (2) nothing may obligate the fund for more than $50,000 per claimant, nor more
173.22than $75,000 per licensee; and
173.23    (4) (3) nothing may obligate the fund for claims based on a cause of action that
173.24arose before the licensee paid the recovery fund fee set in clause (1), or as provided in
173.25section 326.945, subdivision 3.
173.26    (b) Should the commissioner pay from the contractor's recovery fund any amount
173.27in settlement of a claim or toward satisfaction of a judgment against a licensee, the
173.28license shall be automatically suspended upon the effective date of an order by the court
173.29authorizing payment from the fund. No licensee shall be granted reinstatement until the
173.30licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
173.31paid from the fund on the licensee's account, and has obtained a surety bond issued by an
173.32insurer authorized to transact business in this state in the amount of at least $40,000.
173.33EFFECTIVE DATE.This section is effective July 1, 2007.

173.34    Sec. 7. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:
173.35    Subdivision 1. Rules. No domestic animals or house pets of occupants of
173.36manufactured home parks or recreational camping areas shall be allowed to run at large,
174.1or commit any nuisances within the limits of a manufactured home park or recreational
174.2camping area. Each manufactured home park or recreational camping area licensed under
174.3the provisions of sections 327.10, 327.11, 327.14 to 327.28 shall, among other things,
174.4provide for the following, in the manner hereinafter specified:
174.5    (1) A responsible attendant or caretaker shall be in charge of every manufactured
174.6home park or recreational camping area at all times, who shall maintain the park or
174.7area, and its facilities and equipment in a clean, orderly and sanitary condition. In any
174.8manufactured home park containing more than 50 lots, the attendant, caretaker, or other
174.9responsible park employee, shall be readily available at all times in case of emergency.
174.10    (2) All manufactured home parks shall be well drained and be located so that the
174.11drainage of the park area will not endanger any water supply. No wastewater from
174.12manufactured homes or recreational camping vehicles shall be deposited on the surface of
174.13the ground. All sewage and other water carried wastes shall be discharged into a municipal
174.14sewage system whenever available. When a municipal sewage system is not available, a
174.15sewage disposal system acceptable to the state commissioner of health shall be provided.
174.16    (3) No manufactured home shall be located closer than three feet to the side lot lines
174.17of a manufactured home park, if the abutting property is improved property, or closer than
174.18ten feet to a public street or alley. Each individual site shall abut or face on a driveway
174.19or clear unoccupied space of not less than 16 feet in width, which space shall have
174.20unobstructed access to a public highway or alley. There shall be an open space of at least
174.21ten feet between the sides of adjacent manufactured homes including their attachments
174.22and at least three feet between manufactured homes when parked end to end. The space
174.23between manufactured homes may be used for the parking of motor vehicles and other
174.24property, if the vehicle or other property is parked at least ten feet from the nearest
174.25adjacent manufactured home position. The requirements of this paragraph shall not apply
174.26to recreational camping areas and variances may be granted by the state commissioner
174.27of health in manufactured home parks when the variance is applied for in writing and in
174.28the opinion of the commissioner the variance will not endanger the health, safety, and
174.29welfare of manufactured home park occupants.
174.30    (4) An adequate supply of water of safe, sanitary quality shall be furnished at each
174.31manufactured home park or recreational camping area. The source of the water supply
174.32shall first be approved by the state Department of Health.
174.33    (5) All plumbing shall be installed in accordance with the rules of the state
174.34commissioner of health labor and industry and the provisions of the Minnesota Plumbing
174.35Code.
175.1    (6) In the case of a manufactured home park with less than ten manufactured homes,
175.2a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of
175.3the park in times of severe weather conditions, such as tornadoes, high winds, and floods.
175.4The shelter or evacuation plan shall be developed with the assistance and approval of
175.5the municipality where the park is located and shall be posted at conspicuous locations
175.6throughout the park. The park owner shall provide each resident with a copy of the
175.7approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.
175.8Nothing in this paragraph requires the Department of Health to review or approve any
175.9shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan
175.10submitted by a park shall not be grounds for action against the park by the Department of
175.11Health if the park has made a good faith effort to develop the plan and obtain municipal
175.12approval.
175.13    (7) A manufactured home park with ten or more manufactured homes, licensed prior
175.14to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the
175.15evacuation of park residents to a safe place of shelter within a reasonable distance of the
175.16park for use by park residents in times of severe weather, including tornadoes and high
175.17winds. The shelter or evacuation plan must be approved by the municipality by March 1,
175.181989. The municipality may require the park owner to construct a shelter if it determines
175.19that a safe place of shelter is not available within a reasonable distance from the park. A
175.20copy of the municipal approval and the plan shall be submitted by the park owner to the
175.21Department of Health. The park owner shall provide each resident with a copy of the
175.22approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.
175.23    (8) A manufactured home park with ten or more manufactured homes, receiving
175.24a primary license after March 1, 1988, must provide the type of shelter required by
175.25section 327.205, except that for manufactured home parks established as temporary,
175.26emergency housing in a disaster area declared by the President of the United States or
175.27the governor, an approved evacuation plan may be provided in lieu of a shelter for a
175.28period not exceeding 18 months.
175.29    (9) For the purposes of this subdivision, "park owner" and "resident" have the
175.30meaning given them in section 327C.01.

175.31    Sec. 8. Minnesota Statutes 2006, section 327.205, is amended to read:
175.32327.205 SHELTER CONSTRUCTION STANDARDS.
175.33    The commissioner of administration labor and industry shall adopt, by rule,
175.34minimum standards for the construction of low cost manufactured home park storm
175.35shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be
175.36constructed in accordance with these standards.

176.1    Sec. 9. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:
176.2    Subd. 2. Building standards. "Building standards" means the materials and
176.3installation standards of the State Building Code, adopted by the commissioner of
176.4administration labor and industry pursuant to sections 16B.59 to 16B.75, in effect at
176.5the time of the construction or remodeling.

176.6    Sec. 10. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:
176.7    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
176.8    (a) "Accessible unit" means an accessible rental housing unit that meets the
176.9disability facility persons with disabilities requirements of the State Building Code,
176.10Minnesota Rules, chapter 1340.
176.11    (b) "Landlord" has the meaning given it in section 504B.001, subdivision 7.

176.12    Sec. 11. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:
176.13    Subd. 6a. Normal residential surroundings for disabled persons with
176.14disabilities. It is the policy of this state that disabled persons and children with disabilities
176.15should not be excluded by municipal zoning ordinances or other land use regulations from
176.16the benefits of normal residential surroundings. For purposes of subdivisions 6a through
176.179, "person" has the meaning given in section 245A.02, subdivision 11.

176.18    Sec. 12. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:
176.19    Subd. 8. State Building Code. It may assist the commissioner of administration
176.20labor and industry in the development, implementation and revision of a uniform the
176.21State Building Code.

176.22    Sec. 13. Minnesota Statutes 2006, section 471.465, is amended to read:
176.23471.465 PERSONS WITH DISABILITIES; BUILDING REGULATIONS;
176.24DEFINITIONS.
176.25    Subdivision 1. Scope. For the purposes of sections 471.465 to 471.469, the terms
176.26defined in this section have the meanings given them.
176.27    Subd. 2. Buildings and facilities. "Buildings and facilities" means any and all
176.28buildings and facilities and the grounds appurtenant thereto within any city, township or
176.29other governmental subdivision of the state other than all farm dwellings and buildings
176.30and single and two family dwellings. However, on the date on which rules promulgated by
176.31the commissioner of administration labor and industry regarding building requirements for
176.32disabled persons with disabilities shall become effective, "buildings and facilities" shall
176.33mean only those structures which must provide facilities for the disabled persons with
176.34disabilities pursuant to said rules.
177.1    Subd. 3. Physically disabled Persons with disabilities. "Physically disabled
177.2Persons with disabilities" means and includes people having sight disabilities, hearing
177.3disabilities, disabilities of incoordination, disabilities of aging, and any other disability
177.4that significantly reduces mobility, flexibility, coordination, or perceptiveness.
177.5    Subd. 4. Remodeling. "Remodeling" means deliberate reconstruction of an existing
177.6building or facility in whole or in part in order to bring it up to date to conform with
177.7present uses of the structure and to conform with rules and regulations on the upgrading
177.8of health and safety aspects of structures.
177.9    Subd. 5. Local authority. "Local authority" means the local authority having
177.10jurisdiction over local building construction.

177.11    Sec. 14. Minnesota Statutes 2006, section 471.466, is amended to read:
177.12471.466 ADMINISTRATION AND ENFORCEMENT.
177.13    The duty and power to administer and enforce sections 471.465 to 471.469 is
177.14conferred upon and vested in the commissioner of administration labor and industry and
177.15the local authority.

177.16    Sec. 15. Minnesota Statutes 2006, section 471.467, is amended to read:
177.17471.467 BUILDING REQUIREMENTS; CONFORMITY.
177.18    Subdivision 1. Date applicable. On the date on which rules promulgated by the
177.19commissioner of administration labor and industry regarding building requirements for
177.20disabled persons with disabilities shall become effective, said rules shall exclusively
177.21govern the provision of facilities.
177.22    Subd. 2. No remodeling if solely for disabled persons with disabilities. Nothing
177.23in sections 471.465 to 471.469 shall be construed to require the remodeling of buildings
177.24solely to provide accessibility and usability to the physically disabled persons with
177.25disabilities when remodeling would not otherwise be undertaken.
177.26    Subd. 3. Applies to remodeled part. When any building or facility covered
177.27by sections 471.465 to 471.469 undergoes remodeling either in whole or in part, that
177.28portion of the building or facility remodeled shall conform to the requirements of sections
177.29471.465 to 471.469.

177.30    Sec. 16. Minnesota Statutes 2006, section 471.471, is amended to read:
177.31471.471 ACCESS REVIEW BOARD.
177.32    Subdivision 1. Membership. The Access Review Board consists of:
178.1    (1) a representative of the Building Code and Standards Division of the Department
178.2of Administration Labor and Industry, appointed by the commissioner of administration
178.3labor and industry;
178.4    (2) a representative of the state fire marshal's office, appointed by the commissioner
178.5of public safety;
178.6    (3) the commissioner of human rights or the commissioner's designee;
178.7    (4) a representative of the elevator safety section, designated by the commissioner
178.8of labor and industry or the commissioner's designee; and
178.9    (5) the chair of the Council on Disability or the chair's designee.
178.10The board shall elect a chair from among its members. Terms of members coincide with
178.11the terms of their appointing authorities or, in the case of ex officio members or their
178.12designees, with the terms of the offices by virtue of which they are members of the board.
178.13Compensation of members is governed by section 15.0575, subdivision 3.
178.14    Subd. 2. Staff; administrative support. The commissioner of administration labor
178.15and industry shall furnish staff, office space, and administrative support to the board. Staff
178.16assigned to the board must be knowledgeable with respect to access codes, site surveys,
178.17plan design, and product use and eligibility.
178.18    Subd. 3. Duties. The board shall consider applications for waivers from the
178.19State Building Code to permit the installation of stairway chair lifts to provide limited
178.20accessibility for the physically disabled persons with disabilities to buildings in which
178.21the provision of access by means permitted under the State Building Code is not
178.22architecturally or financially possible. In considering applications, the board shall review
178.23other possible access options. The board may approve an application for installation of a
178.24stairway chair when the board determines that the installation would be appropriate and
178.25no other means of access is possible. In determining whether to approve an application,
178.26the board shall consider:
178.27    (1) the need for limited accessibility when a higher degree of accessibility is not
178.28required by state or federal law or rule;
178.29    (2) the architectural feasibility of providing a greater degree of accessibility than
178.30would be provided by the proposed device or equipment;
178.31    (3) the total cost of the proposed device or equipment over its projected usable life,
178.32including installation, maintenance, and replacement costs;
178.33    (4) the reliability of the proposed device or equipment;
178.34    (5) the applicant's ability to comply with all recognized access and safety standards
178.35for installation and maintenance; and
179.1    (6) whether the proposed device or equipment can be operated and used without
179.2reducing or compromising minimum safety standards.
179.3The board shall consider the applicant's demonstrated inability to afford a greater degree
179.4of accessibility, but may not give greater weight to this factor than to the factors listed
179.5in clauses (1) to (6). The board may not approve an application unless the applicant
179.6guarantees that the device or equipment will be installed and operated in accordance with
179.7nationally recognized standards for such devices or equipment and agrees to obtain any
179.8permits needed from the agency responsible for enforcing those standards.
179.9    Subd. 4. Application process. A person seeking a waiver shall apply to the
179.10Building Code and Standards Division of the Department of Administration Labor and
179.11Industry on a form prescribed by the board and pay a $70 fee to the construction code
179.12fund. The division shall review the application to determine whether it appears to be
179.13meritorious, using the standards set out in subdivision 3. The division shall forward
179.14applications it considers meritorious to the board, along with a list and summary of
179.15applications considered not to be meritorious. The board may require the division to
179.16forward to it an application the division has considered not to be meritorious. The board
179.17shall issue a decision on an application within 90 days of its receipt. A board decision
179.18to approve an application must be unanimous. An application that contains false or
179.19misleading information must be rejected.
179.20    Subd. 5. Liability. Board members are immune from liability for personal injury or
179.21death resulting from the use or misuse of a device or equipment installed and operated
179.22under a waiver granted by the board.
179.23EFFECTIVE DATE.This section is effective July 1, 2007.


179.26    Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
179.27178.01 PURPOSES.
179.28The purposes of this chapter are: to open to young people regardless of race, sex,
179.29creed, color or national origin, the opportunity to obtain training that will equip them for
179.30profitable employment and citizenship; to establish as a means to this end, a program
179.31of voluntary apprenticeship under approved apprentice agreements providing facilities
179.32for their training and guidance in the arts, skills, and crafts of industry and trade, with
179.33concurrent, supplementary instruction in related subjects; to promote employment
179.34opportunities under conditions providing adequate training and reasonable earnings; to
179.35relate the supply of skilled workers to employment demands; to establish standards for
180.1apprentice training; to establish an Apprenticeship Advisory Council and apprenticeship
180.2committees to assist in effectuating the purposes of this chapter; to provide for a Division
180.3of Labor Standards and Apprenticeship within the Department of Labor and Industry; to
180.4provide for reports to the legislature regarding the status of apprentice training in the state;
180.5to establish a procedure for the determination of apprentice agreement controversies;
180.6and to accomplish related ends.

180.7    Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
180.8178.02 APPRENTICESHIP ADVISORY COUNCIL.
180.9    Subdivision 1. Members. The commissioner of labor and industry, hereinafter
180.10called the commissioner, shall appoint an Apprenticeship Advisory Council, hereinafter
180.11referred to as the council, composed of three representatives each from employer and
180.12employee organizations, and two representatives of the general public. The director of
180.13education responsible for career and technical education or designee shall be an ex officio
180.14member of the council and shall serve in an advisory capacity only.
180.15    Subd. 2. Terms. The council shall expire and the terms, compensation, and removal
180.16of appointed members shall be as provided in section 15.059, except that the council shall
180.17not expire before June 30, 2003.
180.18    Subd. 4. Duties. The council shall meet at the call of the commissioner. It shall
180.19propose occupational classifications for apprenticeship programs; propose minimum
180.20standards for apprenticeship programs and agreements; and advise on the establishment
180.21of such policies, procedures, and rules as the commissioner council deems necessary in
180.22implementing the intent of this chapter.

180.23    Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
180.24    Subd. 3. Duties and functions. The director, under the supervision of the
180.25commissioner, and with the advice and oversight of the Apprenticeship Advisory Council,
180.26is authorized: to administer the provisions of this chapter; to promote apprenticeship and
180.27other forms of on the job training; to establish, in cooperation and consultation with the
180.28Apprenticeship Advisory Council and with the apprenticeship committees, conditions and
180.29training standards for the approval of apprenticeship programs and agreements, which
180.30conditions and standards shall in no case be lower than those prescribed by this chapter; to
180.31promote equal employment opportunity in apprenticeship and other on the job training
180.32and to establish a Minnesota plan for equal employment opportunity in apprenticeship
180.33which shall be consistent with standards established under Code of Federal Regulations,
180.34title 29, part 30, as amended; to issue certificates of registration to sponsors of approved
180.35apprenticeship programs; to act as secretary of the Apprenticeship Advisory Council; to
181.1approve, if of the opinion that approval is for the best interest of the apprentice, any
181.2apprenticeship agreement which meets the standards established hereunder; to terminate
181.3any apprenticeship agreement in accordance with the provisions of such agreement; to
181.4keep a record of apprenticeship agreements and their disposition; to issue certificates of
181.5completion of apprenticeship; and to perform such other duties as the commissioner deems
181.6necessary to carry out the intent of this chapter; provided, that the administration and
181.7supervision of supplementary instruction in related subjects for apprentices; coordination
181.8of instruction on a concurrent basis with job experiences, and the selection and training
181.9of teachers and coordinators for such instruction shall be the function of state and local
181.10boards responsible for vocational education. The director shall have the authority to make
181.11wage determinations applicable to the graduated schedule of wages and journeyman
181.12wage rate for apprenticeship agreements, giving consideration to the existing wage rates
181.13prevailing throughout the state, except that no wage determination by the director shall
181.14alter an existing wage provision for apprentices or journeymen that is contained in a
181.15bargaining agreement in effect between an employer and an organization of employees,
181.16nor shall the director make any determination for the beginning rate for an apprentice that
181.17is below the wage minimum established by federal or state law.

181.18    Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
181.19    Subdivision 1. Rules. The commissioner may, upon receipt of the council's
181.20proposals, accept, adopt, and issue them by rule with any modifications or amendments
181.21the commissioner finds appropriate. The commissioner may refer them back to the council
181.22with recommendations for further study, consideration and revision. If the commissioner
181.23refuses to accept, adopt, and issue by rule or other appropriate action a council proposal,
181.24the commissioner must provide a written explanation of the reason for the refusal to the
181.25council within 30 days after the council submitted the proposal to the commissioner.
181.26Additional rules may be issued as the commissioner may deem necessary.


181.29    Section 1. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:
181.30    Subd. 2. Powers. The board, or the complaint committee on behalf of the board
181.31where authorized by law, shall have power to:
181.32(1) Elect its own officers.
181.33(2) Engage and fix the compensation of inspectors, and Hire employees. The
181.34salary of the executive secretary shall be established pursuant to chapter 43A. All agents
181.35and employees other than contract inspectors shall be in the classified service and shall
181.36be compensated pursuant to chapter 43A. All inspectors shall hold licenses as master
182.1or journeyman electricians under section 326.242, subdivision 1(1) or 2(1), and shall
182.2give bond in an amount fixed by the board, conditioned upon the faithful performance
182.3of their duties.
182.4(3) Pay such other expenses as it may deem necessary in the performance of its
182.5duties, including rent, supplies, and such like.
182.6(4) Enforce the provisions of sections 326.241 to 326.248, and provide, upon
182.7request, such additional voluntary inspections and reviews as it may deem appropriate.
182.8(5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,
182.9censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive
182.10relief and civil penalties in court as authorized by section 326.242 and other provisions
182.11of Minnesota law.
182.12(6) Adopt reasonable rules to carry out its duties under sections 326.241 to 326.248,
182.13implement state modifications to the National Electrical Code, and to provide for the
182.14amount and collection of fees for inspection and other services. All rules shall be adopted
182.15in accordance with chapter 14.
182.16EFFECTIVE DATE.This section is effective the day following final enactment.

182.17    Sec. 2. Minnesota Statutes 2006, section 326.243, is amended to read:
182.18326.243 SAFETY STANDARDS.
182.19All electrical wiring, apparatus and equipment for electric light, heat and power,
182.20technology circuits or systems shall comply with the rules of the Board of Electricity, the
182.21Department of Commerce, or the Department of Labor and Industry, as applicable, and
182.22be installed in conformity with accepted standards of construction for safety to life and
182.23property. For the purposes of this chapter, the rules and safety standards stated at the
182.24time the work is done in the then most recently published current edition of the National
182.25Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
182.26by the American National Standards Institute, and the National Electrical Safety Code
182.27as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
182.28by the American National Standards Institute, shall be prima facie evidence of accepted
182.29standards of construction for safety to life and property; provided further, that in the event
182.30a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved
182.31methods of electrical construction for safety to life and property, compliance with said
182.32methods of electrical construction of said Minnesota Building Code shall also constitute
182.33compliance with this section, and provided further, that nothing herein contained shall
182.34prohibit any political subdivision from making and enforcing more stringent requirements
183.1than set forth herein and such requirements shall be complied with by all licensed
183.2electricians working within the jurisdiction of such political subdivisions.
183.3EFFECTIVE DATE.This section is effective the day following final enactment.


183.6    Section 1. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
183.7    Subdivision 1. Rules. The state commissioner of health Board of Plumbing may,
183.8by rule, prescribe minimum standards which shall be uniform, and which standards shall
183.9thereafter be effective for all new plumbing installations, including additions, extensions,
183.10alterations, and replacements connected with any water or sewage disposal system owned
183.11or operated by or for any municipality, institution, factory, office building, hotel, apartment
183.12building, or any other place of business regardless of location or the population of the
183.13city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
183.144715.3130, as they apply to review of plans and specifications, the commissioner may
183.15allow plumbing construction, alteration, or extension to proceed without approval of the
183.16plans or specifications by the commissioner.
183.17Except for those powers granted to the state Board of Plumbing under sections
183.18326.37 to 326.45, the commissioner of health shall administer the provisions of sections
183.19326.37 to 326.45 and for such purposes may employ plumbing inspectors and other
183.20assistants.

183.21    Sec. 2. [326.372] PLUMBING COUNCIL.
183.22    Subdivision 1. Composition. (a) The Plumbing Council shall consist of 11 voting
183.23members who must be residents of the state, appointed by the governor, and confirmed by
183.24the senate. The commissioner of labor and industry or the commissioner's designee shall
183.25be a nonvoting member. The first appointed council members shall serve an initial term
183.26of four years, except where designated otherwise. The governor shall then reappoint the
183.27current members or appoint replacement members, all or in part, to subsequent three-year
183.28terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
183.29occurring with less than six months time remaining in the term shall be filled for the
183.30existing term and the following three-year term. Of the 11 appointed members, the
183.31composition shall be as follows:
183.32(1) two members shall be municipal plumbing inspectors;
183.33(2) one member shall be a licensed mechanical engineer;
184.1(3) two members serving an initial term of three years shall be plumbing contractors
184.2or the representative of the contractor, engaged in a commercial scope of plumbing
184.3contracting, one from the metro area and one from greater Minnesota;
184.4(4) two members serving an initial term of three years shall be plumbing contractors
184.5or their representatives, engaged in the residential scope of plumbing contracting, one
184.6from the metro area and one from greater Minnesota;
184.7(5) two members serving an initial term of two years shall be plumbing
184.8journeypersons engaged in a commercial scope of plumbing systems installation, one
184.9from the metro area and one from greater Minnesota; and
184.10(6) two members serving an initial term of two years shall be plumbing
184.11journeypersons engaged in a residential scope of plumbing systems installation, one from
184.12the metro area and one from greater Minnesota.
184.13(b) Except for the licensed mechanical engineer, all persons appointed to the
184.14council must possess a current Minnesota plumbing license and maintain the license for
184.15the duration of their term.
184.16    Subd. 2. Powers. (a) The council shall have the power to:
184.17(1) elect its own officers;
184.18(2) specify the plumbing code that must be followed in this state;
184.19(3) maintain a review process to make determinations regarding any complaints,
184.20code amendments, code compliance, and code clarifications filed with the council;
184.21(4) adopt rules necessary for the regulation and licensing of contractors,
184.22journeypersons, apprentices, and other persons engaged in the design, installation,
184.23alteration, and inspection of plumbing systems that would include the issuing, renewing,
184.24revoking, refusing to renew, and suspending a plumbing license;
184.25(5) adopt rules necessary for continuing education for individuals regulated and
184.26licensed under this section; and
184.27(6) pay expenses deemed necessary in the performance of council duties, including
184.28rent, utilities, and supplies in the manner and amount specified in section 43A.18,
184.29subdivision 2.
184.30(b) Requests under the review process in paragraph (a), clause (3), may originate
184.31with the municipal inspectors, the plumbing contractors or their employees, and other
184.32persons engaged in the design, installation, and alteration of plumbing systems. The
184.33council shall make their findings known to all parties and the commissioner of labor and
184.34industry within the time period specified by the council.
184.35    Subd. 3. Fees and finances. The council shall submit an annual budget to the
184.36commissioner of labor and industry. The commissioner shall collect fees necessary for
185.1the operation and continuance of the council. The commissioner is responsible for the
185.2enforcement of the codes and licensing requirements determined by the council. The
185.3council shall set the fees for licenses and certification under this section. Fees collected
185.4under sections 326.42 and 326.47 shall be transferred to the council quarterly to meet the
185.5ongoing operation needs of the council.

185.6    Sec. 3. Minnesota Statutes 2006, section 326.38, is amended to read:
185.7326.38 LOCAL REGULATIONS.
185.8Any city having a system of waterworks or sewerage, or any town in which reside
185.9over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
185.10airports commission, may, by ordinance, adopt local regulations providing for plumbing
185.11permits, bonds, approval of plans, and inspections of plumbing, which regulations are
185.12not in conflict with the plumbing standards on the same subject prescribed by the state
185.13commissioner of health Board of Plumbing. No city or such town shall prohibit plumbers
185.14licensed by the state commissioner of health from engaging in or working at the business,
185.15except cities and statutory cities which, prior to April 21, 1933, by ordinance required
185.16the licensing of plumbers. Any city by ordinance may prescribe regulations, reasonable
185.17standards, and inspections and grant permits to any person, firm, or corporation engaged
185.18in the business of installing water softeners, who is not licensed as a master plumber or
185.19journeyman plumber by the state commissioner of health, to connect water softening and
185.20water filtering equipment to private residence water distribution systems, where provision
185.21has been previously made therefor and openings left for that purpose or by use of cold
185.22water connections to a domestic water heater; where it is not necessary to rearrange, make
185.23any extension or alteration of, or addition to any pipe, fixture or plumbing connected with
185.24the water system except to connect the water softener, and provided the connections so
185.25made comply with minimum standards prescribed by the state commissioner of health
185.26Board of Plumbing.

185.27    Sec. 4. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
185.28    Subdivision 1. License required; master and journeyman plumbers. In any city
185.29now or hereafter having 5,000 or more population, according to the last federal census, and
185.30having a system of waterworks or sewerage, no person, firm, or corporation shall engage
185.31in or work at the business of a master plumber or journeyman plumber unless licensed
185.32to do so by the state commissioner of health. A master plumber may also work as a
185.33journeyman plumber. Anyone not so licensed may do plumbing work which complies with
185.34the provisions of the minimum standard prescribed by the state commissioner of health
185.35Board of Plumbing on premises or that part of premises owned and actually occupied by
185.36the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
186.1In any such city no person, firm, or corporation shall engage in the business of
186.2installing plumbing nor install plumbing in connection with the dealing in and selling of
186.3plumbing material and supplies unless at all times a licensed master plumber, who shall
186.4be responsible for proper installation, is in charge of the plumbing work of the person,
186.5firm, or corporation.
186.6The Department of Health state Board of Plumbing shall prescribe rules, not
186.7inconsistent herewith, for the examination and licensing of plumbers.

186.8    Sec. 5. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
186.9    Subdivision 1. License required; master and journeyman plumbers. In any city
186.10now or hereafter having 5,000 or more population, according to the last federal census,
186.11and having a system of waterworks or sewerage, (a) No person, firm, or corporation shall
186.12engage in or work at the business of a master plumber or, restricted master plumber,
186.13journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
186.14state commissioner of health labor and industry. A master plumber may also work as a
186.15journeyman plumber, a restricted journeyman plumber, and a restricted master plumber.
186.16A journeyman plumber may also work as a restricted journeyman plumber. Anyone not
186.17so licensed may do plumbing work which complies with the provisions of the minimum
186.18standard prescribed by the state commissioner of health labor and industry on premises or
186.19that part of premises owned and actually occupied by the worker as a residence, unless
186.20otherwise forbidden to do so by a local ordinance.
186.21In any such city (b) No person, firm, or corporation shall engage in the business of
186.22installing plumbing nor install plumbing in connection with the dealing in and selling
186.23of plumbing material and supplies unless at all times a licensed master plumber, or in
186.24cities and towns with a population of fewer than 5,000 according to the federal census a
186.25restricted master plumber, who shall be responsible for proper installation, is in charge
186.26of the plumbing work of the person, firm, or corporation.
186.27The Department of Health state Board of Plumbing shall prescribe rules, not
186.28inconsistent herewith, for the examination and licensing of plumbers.

186.29    Sec. 6. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
186.30    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
186.31of practical plumbing experience is eligible to take the journeyman plumbing examination.
186.32Up to 24 months of practical plumbing experience prior to registration as an apprentice
186.33may be applied to the four-year experience requirement. However, none of this practical
186.34plumbing experience may be applied if the person did not have any practical plumbing
186.35experience in the 12-month period immediately prior to registration. The commissioner
186.36state Board of Plumbing may adopt rules to evaluate whether the person's past practical
187.1plumbing experience is applicable in preparing for the journeyman's examination. If
187.2two years after completing the training the person has not taken the examination, the
187.3four years of experience shall be forfeited.
187.4The commissioner may allow an extension of the two-year period for taking the
187.5exam for cases of hardship or other appropriate circumstances.

187.6    Sec. 7. [326.402] RESTRICTED PLUMBER LICENSE.
187.7    Subdivision 1. Licensure. (a) The commissioner of labor and industry shall grant a
187.8restricted journeyman plumber license to any person who applies to the commissioner and
187.9provides evidence of having at least two years of practical plumbing experience in the
187.10plumbing trade preceding application for licensure.
187.11(b) The commissioner shall grant a restricted master plumbing license to any person
187.12who applies to the commissioner and provides evidence of having at least four years of
187.13practical plumbing experience in the plumbing trade prior to application for licensure.
187.14    Subd. 2. Use of license. A restricted master plumber and restricted journeyman
187.15plumber may engage in the plumbing trade only in cities and towns with a population of
187.16fewer than 5,000 according to the federal census.
187.17    Subd. 3. Application period. Applications for restricted master plumber and
187.18restricted journeyman plumber licenses must be submitted to the commissioner prior
187.19to January 1, 2008.
187.20    Subd. 4. Renewal; use period for license. A restricted master plumber and
187.21restricted journeyman plumber license must be renewed annually for as long as that
187.22licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
187.23restricted journeyman plumber license within 12 months after the expiration date will
187.24result in permanent forfeiture of the restricted master plumber and restricted journeyman
187.25plumber license.
187.26    Subd. 5. Prohibition of transference. A restricted master plumber and restricted
187.27journeyman plumber license may not be transferred or sold to any other person.
187.28    Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
187.29bond and insurance requirements of section 326.40, subdivision 2.
187.30    Subd. 7. Fee. The commissioner shall determine the annual fee for the restricted
187.31master plumber and restricted journeyman plumber licenses.

187.32    Sec. 8. Minnesota Statutes 2006, section 326.405, is amended to read:
187.33326.405 RECIPROCITY WITH OTHER STATES.
188.1The commissioner of health labor and industry may license without examination,
188.2upon payment of the required fee, nonresident applicants who are licensed under the
188.3laws of a state having standards for licensing plumbers which the commissioner state
188.4Plumbing Council determines are substantially equivalent to the standards of this state if
188.5the other state grants similar privileges to Minnesota residents duly licensed in this state.
188.6Applicants who receive a temporary license under this section may acquire a cumulative
188.724 months of experience before they have to apply and pass the plumbing licensing
188.8examination. Applicants must register with the commissioner of labor and industry and
188.9the commissioner shall set a fee for a temporary license. Applicants have four years in
188.10which to comply with this section.

188.11    Sec. 9. Minnesota Statutes 2006, section 326.41, is amended to read:
188.12326.41 ADVISORY COUNCIL STATE BOARD OF PLUMBING.
188.13    Subdivision 1. Membership. The state commissioner of health governor, with the
188.14advice and consent of the senate, shall appoint nine 11 persons to the Advisory Council on
188.15Plumbing Code and Examinations state Board of Plumbing, two of whom shall be master
188.16plumbers residential plumbing contractors, one who represents greater Minnesota and one
188.17who represents the metropolitan area, and; two commercial plumbing contractors, one who
188.18represents greater Minnesota and one who represents the metropolitan area; two residential
188.19journeyman plumbers, one who represents greater Minnesota and one who represents the
188.20metropolitan area; two commercial journeyman plumbers, one who represents greater
188.21Minnesota and one who represents the metropolitan area; two plumbing inspectors, one
188.22who represents greater Minnesota, and one who represents the metropolitan area; and one
188.23mechanical engineer. The council shall expire and the terms, compensation and removal of
188.24members of the council shall be as provided in section 15.059. The commissioner of labor
188.25and industry shall serve ex-officio as the nonvoting chair of the board. All voting members
188.26of the board except the mechanical engineer must maintain a current plumbing license.
188.27    Subd. 2. Membership; compensation; removal; vacancies. Except to the
188.28extent inconsistent with this section, section 214.09 shall govern board membership,
188.29compensation, renewal, and vacancies of board members and positions.
188.30    Subd. 3. Powers. The board has exclusive authority to adopt rules related to
188.31plumbing installations and the criteria to license contractors and master, journeyman,
188.32and apprentice plumbers.
188.33    Subd. 4. Reorganization prohibited. Section 16B.37 does not apply to powers
188.34and duties of the state Board of Plumbing.

188.35    Sec. 10. TRANSFER OF AUTHORITY.
189.1The authority of the commissioner of health to adopt rules and to set licensing
189.2criteria for contractors and master, journeyman, and apprentice plumbers is transferred
189.3to the state Board of Plumbing effective October 1, 2007. The governor must appoint
189.4members to the state Board of Plumbing no later than October 1, 2007. Licenses currently
189.5in effect remain in effect according to their terms. Rules adopted under authority granted
189.6to the commissioner of health remain in effect until amended or repealed by the state
189.7Board of Plumbing.

189.8    Sec. 11. APPROPRIATION.
189.9$....... is appropriated from the general fund to the state Board of Plumbing for the
189.10biennium ending June 30, 2009, for the purposes of Minnesota Statutes, sections 326.37
189.11to 326.45.

189.12    Sec. 12. REPEALER.
189.13Minnesota Statutes 2006, section 326.45, is repealed.


189.16    Section 1. Minnesota Statutes 2006, section 16B.76, is amended to read:
189.1716B.76 BOARD OF CONSTRUCTION CODES ADVISORY COUNCIL.
189.18    Subdivision 1. Membership. (a) The Board of Construction Codes Advisory
189.19Council consists of the following members:
189.20(1) the commissioner of administration or the commissioner's designee representing
189.21the department's Building Codes and Standards Division;
189.22(2) the commissioner of health or the commissioner's designee representing an
189.23Environmental Health Section of the department;
189.24(3) the commissioner of public safety or the commissioner's designee representing
189.25the department's State Fire Marshal Division;
189.26(4) the commissioner of commerce or the commissioner's designee representing
189.27the department's State Energy Office; and
189.28(5) one member representing each of the following occupations or entities, appointed
189.29by the commissioner of administration the Department of Labor and Industry:
189.30(i) a certified building official;
189.31(ii) a fire service representative;
189.32(iii) a licensed architect;
189.33(iv) a licensed engineer;
189.34(v) a building owners and managers representative;
189.35(vi) (v) a licensed residential building contractor;
189.36(vii) (vi) a commercial building contractor;
190.1(viii) (vii) a heating and ventilation contractor;
190.2(ix) (viii) a plumbing contractor; and
190.3(ix) an electrical contractor.
190.4(x) a representative of a construction and building trades union; and
190.5(xi) a local unit of government representative.
190.6(b) For members who are not state officials or employees, terms, compensation,
190.7removal, and the filling of vacancies are governed by section 15.059. The chairperson of
190.8the Board of Construction Codes will be the commissioner of the Department of Labor
190.9and Industry or the commissioner's designee as a nonvoting member. The council board
190.10shall select one of its members to serve as chair.
190.11(c) The council board expires June 30, 2003.
190.12    Subd. 2. Duties of council board. The council board shall review laws, codes,
190.13rules, standards, and licensing requirements relating to building construction and may:
190.14(1) recommend ways to eliminate inconsistencies, to streamline construction
190.15regulation and construction processes, and to improve procedures within and among
190.16jurisdictions;
190.17(2) review and comment on current and proposed laws and rules to promote
190.18coordination and consistency;
190.19(3) advise agencies on possible changes in rules to make them easier to understand
190.20and apply; and
190.21(4) promote the coordination, within each jurisdiction, of the administration and
190.22enforcement of construction codes.
190.23The council board shall report its findings and recommendations to the commissioner
190.24of administration and the head of any other affected agency by the end of each calendar
190.25year. The council board may recommend changes in laws or rules governing building
190.26construction. The council board may establish subcommittees to facilitate its work.
190.27If the council board establishes subcommittees, it shall include in their memberships
190.28representation from entities and organizations expressing an interest in membership.
190.29The commissioner of administration shall maintain a list of interested entities and
190.30organizations.
190.31    Subd. 3. Agency cooperation. State agencies and local governmental units shall
190.32cooperate with the council board and, so far as possible, provide information or assistance
190.33to it upon its request. The commissioner of administration shall provide necessary staff
190.34and administrative support to the council board.

190.35    Sec. 2. Minnesota Statutes 2006, section 16B.76, subdivision 2, is amended to read:
191.1    Subd. 2. Duties of council. (a) The council board shall review laws, codes, rules,
191.2standards, and licensing requirements relating to building construction and may:
191.3(1) recommend ways to eliminate inconsistencies, to streamline construction
191.4regulation and construction processes, and to improve procedures within and among
191.5jurisdictions;
191.6(2) review and comment on current and proposed laws and rules to promote
191.7coordination and consistency;
191.8(3) advise agencies on possible changes in rules to make them easier to understand
191.9and apply; and
191.10(4) promote the coordination, within each jurisdiction, of the administration and
191.11enforcement of construction codes.
191.12The council shall report its findings and recommendations to the commissioner of
191.13administration and the head of any other affected agency by the end of each calendar year.
191.14The council may recommend changes in laws or rules governing building construction.
191.15The council may establish subcommittees to facilitate its work. If the council establishes
191.16subcommittees, it shall include in their memberships representation from entities and
191.17organizations expressing an interest in membership. The commissioner of administration
191.18shall maintain a list of interested entities and organizations.
191.19(1) recommend ways to eliminate inconsistencies and improve construction
191.20regulation and procedures within and among jurisdictions;
191.21(2) review current and proposed laws and rules from the established trade councils
191.22and boards to promote coordination and consistency;
191.23(3) advise state agencies on possible changes in rules to make them easier to
191.24understand and apply; and
191.25(4) promote the coordination of the administration and enforcement of construction
191.26codes within each jurisdiction.
191.27(b) The board shall meet a minimum of four times each year. The board shall report
191.28its findings and recommendations to the commissioner of administration. The board
191.29shall forward all approved changes in laws or rules governing building construction to
191.30the commissioner of administration for final action. All rule additions, amendments, or
191.31deletions shall be approved by the specific trade council or board first, and then forwarded
191.32to the Board of Construction Codes for approval, before the commissioner issues final
191.33approval. The board shall use the following established trade councils or boards for
191.34technical expertise:
191.35(1) the Plumbing Council;
191.36(2) the Electrical Board;
192.1(3) the Mechanical Council;
192.2(4) the High Pressure Piping Board; and
192.3(5) the Fire Protection Council.


192.6    Section 1. Minnesota Statutes 2006, section 299M.02, is amended to read:
192.7299M.02 FIRE PROTECTION ADVISORY COUNCIL BOARD.
192.8    Subdivision 1. Creation. The commissioner shall establish a Fire Protection
192.9Advisory Council Board.
192.10    Subd. 2. Membership. The council board consists of the commissioner of public
192.11safety, or the commissioner's designee, and eight nine members appointed for a term
192.12of three years by the commissioner. Two members must be licensed fire protection
192.13contractors or full-time, managing employees actively engaged in a licensed fire protection
192.14contractor business. Two members must be journeyman sprinkler fitters certified as
192.15competent under this chapter. One member of the council board must be an active member
192.16of the Minnesota State Fire Chiefs Association. One member must be an active member
192.17of the Fire Marshals Association of Minnesota. One member must be a building official
192.18certified by the Department of Administration, who is professionally competent in fire
192.19protection system inspection. One member must be a member of the general public. One
192.20member must be a state fire protection system inspector. The commissioner or designee
192.21is a nonvoting member.
192.22    Subd. 3. Duties. The council board shall advise the commissioner of public
192.23safety on matters within the council's board's expertise or under the regulation of the
192.24commissioner. The board may adopt rules regarding fire protection code issues.

192.25    Sec. 2. Minnesota Statutes 2006, section 299M.04, is amended to read:
192.26299M.04 RULES, FEES, ORDERS, PENALTIES.
192.27The commissioner shall adopt permanent rules for operation of the council
192.28board; regulation by municipalities; qualifications, examination, and licensing of fire
192.29protection contractors; licensing of multipurpose potable water piping system contractors;
192.30certification of multipurpose potable water piping system installers; certification of
192.31journeyman sprinkler fitters; registration of apprentices; and the administration and
192.32enforcement of this chapter. Permit fees must be a percentage of the total cost of the
192.33fire protection work.
192.34The commissioner may issue a cease and desist order to cease an activity considered
192.35an immediate risk to public health or public safety. The commissioner shall adopt
193.1permanent rules governing when an order may be issued; how long the order is effective;
193.2notice requirements; and other procedures and requirements necessary to implement,
193.3administer, and enforce the provisions of this chapter.
193.4The commissioner, in place of or in addition to licensing sanctions allowed under
193.5this chapter, may impose a civil penalty not greater than $1,000 for each violation of this
193.6chapter or rule adopted under this chapter, for each day of violation. The commissioner
193.7shall adopt permanent rules governing and establishing procedures for implementation,
193.8administration, and enforcement of this paragraph.

193.9    Sec. 3. [326.995] FIRE PROTECTION COUNCIL.
193.10    Subdivision 1. Composition. (a) The Fire Protection Council shall consist of 11
193.11voting members who must be residents of the state, appointed by the governor, and
193.12confirmed by the senate. The commissioner of labor and industry or the commissioner's
193.13designee shall be a nonvoting member. The first appointed board members shall serve
193.14an initial term of four years, except where designated otherwise. The governor shall
193.15then reappoint the current members or appoint replacement members, all or in part, to
193.16subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
193.17of the term. Vacancies occurring with less than six months time remaining in the term
193.18shall be filled for the existing term and the following three-year term. Of the 11 appointed
193.19members, the composition shall be as follows:
193.20(1) two members shall be municipal fire protection inspectors;
193.21(2) one member shall be a licensed mechanical engineer;
193.22(3) two members, one from the metro area and one from greater Minnesota, serving
193.23an initial term of three years shall be fire protection contractors or their representatives
193.24engaged in a commercial scope of fire protection contracting;
193.25(4) two members, one from the metro area and one from greater Minnesota, serving
193.26an initial term of three years shall be fire protection contractors engaged in the residential
193.27scope of fire protection contracting;
193.28(5) two members, one from the metro area and one from greater Minnesota,
193.29serving an initial term of two years shall be fire protection journeypersons engaged in a
193.30commercial scope of fire protection systems installation; and
193.31(6) two members, one active member of the Minnesota State Fire Chiefs Association
193.32and one active member from the Fire Marshals Association of Minnesota, serving an
193.33initial term of two years.
193.34(b) Except for the licensed mechanical engineer, all persons appointed to the council
193.35must possess a current Minnesota fire protection license and maintain the license for
193.36the duration of their term.
194.1    Subd. 2. Powers. (a) The council shall have the power to:
194.2(1) elect its own officers;
194.3(2) specify the fire protection code that must be followed in this state;
194.4(3) coordinate any changes to the fire protection code with the commissioner of
194.5labor and industry;
194.6(4) adopt rules necessary for the regulation and licensing of contractors,
194.7journeypersons, apprentices, and other persons engaged in the design, installation,
194.8alteration, and inspection of fire protection systems that would include the issuing,
194.9renewing, revoking, refusing to renew, and suspending of the fire protection license;
194.10(5) adopt rules necessary for continuing education for individuals regulated and
194.11licensed under this section;
194.12(6) maintain a review process to make determinations regarding complaints, code
194.13amendments, code compliance, and code clarifications with the council; and
194.14(7) pay expenses deemed necessary in the performance of council duties, including
194.15rent, utilities, and supplies in the manner and amount specified in section 43A.18,
194.16subdivision 2.
194.17(b) Complaints filed under this section may originate with municipal inspectors,
194.18fire protection contractors or their employees, or other persons engaged in the design,
194.19installation, and alteration of fire protection systems. The council shall make their findings
194.20known to all parties and the commissioner of public safety within the time period specified
194.21by the council.
194.22    Subd. 3. Fees and finances. The council shall submit an annual budget to the
194.23commissioner of labor and industry. The commissioner of labor and industry shall collect
194.24fees necessary for the operation and continuance of the council. The commissioner
194.25of labor and industry is responsible for the enforcement of the codes and licensing
194.26requirements determined by the council. The council shall set the fees for licenses and
194.27certification under this section and submit the fee structure to the commissioner of labor
194.28and industry. A portion of the funds collected by the commissioner of labor and industry
194.29under this section shall be transferred to the council quarterly to meet the ongoing
194.30budgetary needs of the council.

194.31    Sec. 4. REPEALER.
194.32Minnesota Statutes 2006, section 299M.02, is repealed.


194.35    Section 1. [326.462] HIGH PRESSURE PIPING BOARD.
195.1The commissioner of labor and industry shall appoint nine persons to the
195.2High-Pressure Piping Code and Examinations Board. The board consists of two master
195.3pipefitters from the metropolitan area and two from greater Minnesota, two journeymen,
195.4one from the metropolitan area, and one from greater Minnesota, one mechanical engineer,
195.5and one representative from each of two separate utilities. The commissioner or the
195.6commissioner's designee shall be the nonvoting chairperson of the committee.
195.7The board may adopt rules on all high-pressure piping code issues and shall advise
195.8the commissioner on all matters within the board's expertise.

195.9    Sec. 2. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:
195.10    Subd. 6. Filing and inspection fees. The Department of Labor and Industry
195.11must charge a filing fee set by the commissioner council under section 16A.1285 for all
195.12applications for permits to construct or install high pressure piping systems. The fee for
195.13inspection of high pressure piping system construction or installation shall be set by the
195.14commissioner council under section 16A.1285. This subdivision does not apply where a
195.15permit is issued by a municipality complying with subdivision 2.

195.16    Sec. 3. [326.471] COUNCIL OF HIGH PRESSURE PIPING SYSTEMS.
195.17    Subdivision 1. Composition. (a) The Council of High Pressure Piping Systems
195.18shall consist of 12 members who must be residents of the state, appointed by the governor,
195.19and confirmed by the senate. The commissioner of the Department of Labor and Industry
195.20or the commissioner's designee shall be a nonvoting member. The first appointed board
195.21members shall serve an initial term of four years, except where designated otherwise. The
195.22governor shall then reappoint the current members or appoint replacement members, all or
195.23in part, to subsequent three-year terms. Midterm vacancies shall be filled for the remaining
195.24portion of the term. Vacancies occurring with less than six months time remaining in the
195.25term shall be filled for the existing term and the following three-year term. Of the 11
195.26appointed members, the composition shall be as follows:
195.27(1) one member shall be a high pressure piping inspector;
195.28(2) one member shall be a licensed mechanical engineer;
195.29(3) one member shall be a representative of the piping industry;
195.30(4) four members shall be high pressure piping contractors or their representatives,
195.31engaged in the scope of high pressure piping, two from the metro area and two from
195.32greater Minnesota;
195.33(5) two members shall be high pressure piping journeypersons engaged in the scope
195.34of high pressure piping systems installation, one from the metro area and one from greater
195.35Minnesota; and
196.1(6) two members shall be representatives from utility companies in Minnesota
196.2who shall serve an initial term of two years.
196.3    (b) Except for the licensed mechanical engineer and the members from utilities
196.4companies, all persons appointed to the council must possess a current license or
196.5competency credential required for contractors and persons engaged in the design,
196.6installation, alteration, and inspection of high pressure systems.
196.7    Subd. 2. Powers. (a) The council shall have the power to:
196.8(1) elect its own officers;
196.9(2) specify the high pressure piping code that must be followed in Minnesota;
196.10(3) maintain an appeals committee to make determinations regarding any complaints,
196.11code amendments, code compliance, and code clarifications filed with the council;
196.12(4) adopt rules necessary for the regulation and licensing of contractors,
196.13journeypersons, trainees, and other persons engaged in the design, installation, alteration,
196.14and inspection of high pressure piping systems;
196.15(5) adopt rules necessary for continuing education for individuals regulated and
196.16licensed under this section; and
196.17(6) pay expenses deemed necessary in the performance of council duties, including
196.18rent, utilities, and supplies in the manner and amount specified in section 43A.18,
196.19subdivision 2.
196.20    (b) Complaints filed under this section may originate with high pressure piping
196.21inspectors, contractors, or their employees, or other persons engaged in the design,
196.22installation, and alteration of a high pressure piping system. The council shall make
196.23their findings known to all parties and the commissioner of the Department of Labor and
196.24Industry within the time period specified by the council.
196.25    Subd. 3. Fee and finances. The council shall submit an annual budget to the
196.26commissioner of the Department of Labor and Industry. The commissioner shall collect
196.27fees necessary for the operation and continuance of the council. The commissioner
196.28is responsible for the enforcement of the codes and licensing requirements determined
196.29by the council. The council shall set the fees for licenses and certification under this
196.30section and for all high pressure piping system permits and submit the fee structure to
196.31the commissioner of labor and industry. Funds collected under section 326.50 shall be
196.32transferred to the council quarterly to meet ongoing budgetary needs of the council.


196.35    Section 1. [326.522] BUILDING AND STRUCTURAL CODE COUNCIL.
197.1    Subdivision 1. Composition. (a) The Building and Structural Code Council shall
197.2consist of 11 voting members who must be residents of the state and appointed by the
197.3governor with confirmation by the senate. The council shall also include one nonvoting
197.4representative from the Department of Labor and Industry. The first board members shall
197.5serve an initial term of four years, except where designated otherwise. The governor shall
197.6then reappoint the current members or appoint replacement members, all or in part, to
197.7subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
197.8of the term. Vacancies occurring with less than six months time remaining in the term
197.9shall be filled for the existing term and the following three-year term. Of the 11 appointed
197.10members, the composition shall be as follows:
197.11(1) two members shall be municipal building inspectors who will serve an initial
197.12term of four years;
197.13(2) one member shall be a licensed qualified engineer;
197.14(3) four members serving an initial term of three years shall be construction or
197.15carpentry contractors or their representatives, and shall be composed as follows:
197.16(i) two must be general construction or general contractors engaged in a commercial
197.17scope of construction or carpentry contracting, one from the metro area and one from
197.18greater Minnesota;
197.19(ii) one shall be a general contractor;
197.20(iii) one shall be a construction or carpentry subcontractor; and
197.21(iv) of the four members specified in clauses (i) to (iii), one shall be a carpentry
197.22contractor; and
197.23(4) four members serving an initial term of two years shall be construction
197.24journeypersons and shall be composed as follows:
197.25(i) two shall be construction journeypersons engaged in a commercial scope of
197.26construction, one from the metro area and one from greater Minnesota;
197.27(ii) one shall be an employee of a general contractor; and
197.28(iii) one shall be an employee of a construction subcontractor.
197.29(b) All persons appointed to the council must possess a current license or
197.30competency credential if required for contractors and persons engaged in the design,
197.31installation, alteration, and inspection of all aspects of residential, commercial, industrial,
197.32and public construction.
197.33    Subd. 2. Powers. (a) The council shall have the power to:
197.34(1) elect its own officers;
197.35(2) except for plumbing codes, electrical codes, mechanical codes, high-pressure
197.36piping codes, and fire protection codes, the council, with consultation with the
198.1commissioner of the Department of Labor and Industry, shall specify building codes
198.2that must be followed in this state;
198.3(3) maintain an appeals committee to make determinations regarding any complaints,
198.4code amendments, code compliance and code clarifications filed with the council;
198.5(4) adopt rules necessary for the regulation and licensing of inspectors, contractors,
198.6journeypersons, apprentices, and all persons engaged in the design, installation, alteration,
198.7and inspection of all aspects of residential, commercial, industrial, and public construction
198.8or carpentry including, but not limited to:
198.9(i) any structural, load or nonload bearing component;
198.10(ii) any insulation;
198.11(iii) air or water barriers;
198.12(iv) exterior or interior cladding; or
198.13(v) any partial or total envelope;
198.14(5) adopt rules necessary for continuing education for individuals regulated and
198.15licensed under this section; and
198.16(6) pay expenses deemed necessary in the performance of council duties, including
198.17rent, utilities, and supplies in the manner and amount specified in section 43A.18,
198.18subdivision 2.
198.19(b) Complaints under this section may originate with municipal inspectors,
198.20construction contractors or their employees, or other persons engaged in the design,
198.21installation, alteration, and inspection of building and structural construction. The council
198.22must make their findings known to all parties and the commissioner within the time period
198.23specified by the council.
198.24    Subd. 3. Fees and finances. The council shall submit an annual budget to the
198.25commissioner of labor and industry. The commissioner shall set and collect fees necessary
198.26for the operation and continuance of the council and transfer the funds to the council
198.27quarterly. The commissioner is responsible for the enforcement of the codes and licensing
198.28requirements determined by the council. The commissioner shall set the fees for licenses
198.29and certification under this section as directed by the council and for all construction and
198.30carpentry permits.


198.33    Section 1. [326.531] MECHANICAL SYSTEMS COUNCIL.
198.34    Subdivision 1. Composition. The Mechanical Systems Council shall consist of 11
198.35members, residents of the state, appointed by the governor, and confirmed by the senate
199.1and the commissioner of the Department of Labor and Industry or his designee shall
199.2be a nonvoting member.
199.3Two members shall be municipal mechanical inspectors; one from the seven-county
199.4metro area and one from greater Minnesota; and one a licensed mechanical or professional
199.5engineer;
199.6The eight additional members shall represent each of the eight mechanical license
199.7categories detailed in section 326.532.
199.8The engineer, the limited license representative of section 326.532, subdivision 4,
199.9paragraph (a), and the unlimited license representative of section 326.532, subdivision
199.107, shall serve an initial term of two years.
199.11The municipal mechanical inspector representing the seven-county metro area,
199.12the limited license representatives of section 326.532, subdivisions 5 and 7, and the
199.13unlimited license representative of section 326.532, subdivision 6, shall serve an initial
199.14term of three years.
199.15The municipal mechanical inspector representing the greater Minnesota area, the
199.16limited license representatives of section 326.532, subdivision 6, and the unlimited
199.17license representatives of section 326.532, subdivisions 4 and 5, shall serve an initial
199.18term of four years.
199.19These members or replacement members, all or in part, shall be appointed by the
199.20governor and confirmed by the senate, to subsequent three-year terms.
199.21Midterm vacancies shall be filled by the governor for the remaining portion of
199.22the term.
199.23The meaning of the terms "masters and journeypersons" shall be as prescribed
199.24in section 326.532.
199.25    Subd. 2. Powers. (1) The council shall elect its officers.
199.26(2) The council shall select the mechanical and fuel gas codes for Minnesota. The
199.27selection of mechanical and fuel gas codes shall include a comprehensive review of
199.28available model codes, the approval of all additions, amendments, and deletions to these
199.29codes. The council shall coordinate the adoption of the mechanical and fuel gas codes
199.30with the commissioner of the Department of Labor and Industry to the best of its ability.
199.31(3) The council shall maintain an appeals committee to make determinations
199.32regarding any complaints, code amendments, code compliance, and code clarifications
199.33filed with the council. These complaints may originate with the municipal inspectors
199.34and/or the mechanical contractors or their employees and all other persons engaged in the
199.35design, installation, alteration, and inspection of a mechanical system or those that have
199.36purchased such services or systems. The council shall make their findings known to all
200.1parties and the commissioner of the Department of Labor and Industry within a period
200.2of time specified by the council.
200.3(4) The council shall have the authority to adopt rules necessary for the regulation
200.4and licensing of inspectors, contractors, journeypersons, apprentices, and all other persons
200.5engaged in the design, installation, alteration, and inspection of mechanical systems
200.6utilized to provide control of environmental conditions and regulated processes within
200.7buildings or regulated by the mechanical and fuel gas codes adopted. Municipalities shall
200.8not create additional licensing requirements for performing work on mechanical systems
200.9regulated by the State Mechanical and Fuel Gas Codes.
200.10(5) The council shall have the authority to adopt rules to determine the level of
200.11continuing education for inspectors and licensed individuals.
200.12(6) All persons appointed to the council shall possess a current license required for
200.13contractors or persons engaged in the design, installation, alteration, and inspection of
200.14mechanical systems in effect at the time of their appointment except for the mechanical
200.15engineer and the commissioner or his designee.
200.16(7) Pay such other expenses as it may deem necessary in the performance of
200.17its duties, including rent, supplies in the manner and amount as authorized by the
200.18commissioner's plan adopted under section 43A.18, subdivision 2.
200.19    Subd. 3. Fees and finances; disposition. The council shall submit a budget to the
200.20commissioner of the Department of Labor and Industry annually. The commissioner of
200.21the Department of Labor and Industry shall collect fees as necessary for the operation
200.22and continuance of the council. The commissioner of the Department of Labor and
200.23Industry shall be responsible for the enforcement of the codes and licensing requirements
200.24prescribed by the council. The council shall set fees for licenses of mechanical systems
200.25contractors and persons engaged in the design, installation, alteration, and inspection of
200.26mechanical systems as directed by the council and for all mechanical systems permits.

200.27    Sec. 2. [326.532] MECHANICAL TRADE LICENSING.
200.28    Subdivision 1. Licenses required; rules; time credit. No person shall engage in or
200.29work at the business of any of the following mechanical construction trades unless issued
200.30a license to do so by the State Council of Mechanical Systems. Mechanical construction
200.31trades' work shall mean all scopes of work regulated by the mechanical and fuel gas
200.32codes adopted by Minnesota.
200.33    Subd. 2. Exception. A home owner may perform work, regulated by this section,
200.34within a single family dwelling they own and occupy. Mechanical permits shall be
200.35required for this work.
201.1    Subd. 3. Contractor, master, journeyperson licensing. The council shall by rule
201.2set minimum requirements for contractor, master, and journeyperson licensing for each
201.3of the categories outlined in subdivisions 4 to 7. Every contractor shall have a master
201.4license or employ a person with a master license for each of the scopes of work that
201.5they engage in, as defined below. A master license shall be registered with a maximum
201.6of one contractor. All persons performing work regulated by these licenses shall have
201.7either a master license or a journeyperson license for each of the scopes of work they
201.8perform as defined below. Apprentices shall be registered with a federal or state approved
201.9apprenticeship program and shall be allowed to perform work under the direct supervision
201.10of either a master or journeyperson licensed for the scope of work being performed.
201.11"Direct supervision" means an apprentice is being supervised by an individual licensed to
201.12perform the scope of work being performed.
201.13    Subd. 4. Air conditioning/piping, refrigeration, and cooling systems. (a) An air
201.14conditioning/piping, refrigeration, and cooling systems limited license applies to persons
201.15or companies that install, alter, repair, or service air conditioning and refrigeration systems
201.16or cooling equipment and any related piping, not exceeding 90,000 Btu/hr per appliance or
201.17piece of equipment regulated by the Minnesota Mechanical Code.
201.18(b) An air conditioning/piping, refrigeration, and cooling systems unlimited
201.19license applies to persons or companies that install, alter, repair, or service all types of
201.20air conditioning and refrigeration systems or cooling equipment and any related piping
201.21regulated by the Minnesota Mechanical Code.
201.22    Subd. 5. Air handling, warm air heating, air conditioning/air distribution
201.23and ventilating systems. Warm air heating systems means all heating appliances and
201.24equipment that use heated air as a medium for space conditioning.
201.25(a) An air handling, warm air heating, air conditioning/air distribution and ventilating
201.26systems limited license applies to persons or companies that install, alter, repair, or service
201.27air handling, warm air heating, ventilating and air conditioning appliances, equipment,
201.28and air distribution and exhaust systems, including all chimneys and vents that serve
201.29residential occupancies and are regulated by the Minnesota Mechanical Code.
201.30(b) An air handling, warm air heating, air conditioning/air distribution and
201.31ventilating systems unlimited license applies to persons or companies that install,
201.32alter, repair, or service air handling, warm air heating, ventilating and air conditioning
201.33appliances, equipment, and air distribution and exhaust systems, including all chimneys
201.34and vents, in any occupancy and are regulated by the Minnesota Mechanical Code.
202.1    Subd. 6. Fuel piping and burner systems. (a) A fuel piping and burner systems
202.2limited license applies to persons or companies that install, alter, repair, or service fuel gas
202.3(natural and propane), oil, and solid fuel burning appliances and equipment for structures
202.4having a total installed heating system capacity of less than 400,000 Btu/hr, including
202.5all chimneys and vents for these systems.
202.6(b) A fuel piping and burner systems unlimited license applies to persons or
202.7companies that install, alter, repair, or service fuel gas (natural and propane), oil, and solid
202.8fuel burning appliances and equipment for structures, including all chimneys and vents.
202.9    Subd. 7. Steam and hot water heating. (a) A steam and hot water heating limited
202.10license applies to persons or companies that install, alter, repair, or service steam or hot
202.11water heating systems, not regulated by the high pressure pipefitting license in section
202.12326.48, including chimneys and vents.
202.13(b) A steam and hot water heating unlimited license scope of work is regulated by
202.14the high pressure pipefitting license in section 326.48.
202.15    Subd. 8. License requirements. (a) The Mechanical Systems Council shall by rule
202.16create exams and provide for the testing for contractors, masters, and journeypersons
202.17license for each scope of work listed above.
202.18The council shall by rule set parameters for one-time granting of licenses to
202.19contractors, masters, and journeypersons currently engaged in the scopes of work
202.20regulated herein. The council shall review and determine if any exam administered by a
202.21municipality will be acceptable as equal to an exam issued by the council. Contractors
202.22and individuals holding contractors, masters, and journeypersons licenses or competency
202.23cards issued by cities where an examination, rated as equal to the council's exams, has
202.24been successfully completed, shall be granted a license for each of the appropriate scopes
202.25of work tested for in the examination.
202.26(b) Persons that have successfully completed a federal or state approved
202.27apprenticeship program shall be granted a license for each of the appropriate scopes
202.28of work defined in their apprenticeship.
202.29(c) Contractors and journeypersons with a minimum of five years verifiable
202.30experience, prior to January 1, 2010, in each scope of work they are seeking a license for,
202.31shall be granted the opportunity to take the exam for that license within the following year.
202.32All such persons must make application and pass the applicable exam within one year
202.33from the date of application. Verifiable experience shall mean the installing, altering,
202.34repairing, and servicing or regulated mechanical appliances, equipment, and systems for
202.35each scope of licensed work. Verifiable experience may also include supervisory duties
202.36over the individuals that performed the regulated work.
203.1    Subd. 9. Reciprocity with other states. The commissioner may issue a temporary
203.2license without examination, upon payment of the required fee, nonresident applicants
203.3who are licensed under the laws of a state having standards for licensing which the
203.4commissioner determines are substantially equivalent to the standards of this state if
203.5the other state grants similar privileges to Minnesota residents duly licensed in this
203.6state. Applicants who receive a temporary license under this section may acquire a
203.7cumulative 24 months of experience before they have to apply and pass the licensing
203.8examination. Applicants must register with the commissioner of labor and industry and
203.9the commissioner shall set a fee for a temporary license. Applicants have four years in
203.10which to comply with this section.


203.13    Section 1. REPEALER.
203.14(a) Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001;
203.15183.02; 183.375, subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44,
203.16subdivisions 1, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and
203.176; 326.01, subdivisions 6h, 10, 11, and 12; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f,
203.189g, 9h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision
203.194; 326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12,
203.20and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and
203.21327B.05, subdivisions 2, 3, 4, 5, and 6, are repealed.
203.22(b) Minnesota Statutes 2006, sections 183.375, subdivision 5; 183.545, subdivision
203.239; 326.01, subdivision 13; 326.44; 326.52; and 326.64, are repealed.
203.24(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650;
203.253800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900;
203.264717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and
203.279; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts
203.281, 3, and 4, are repealed.
203.29EFFECTIVE DATE.Paragraphs (a) and (c) are effective December 1, 2007.
203.30Paragraph (b) is effective July 1, 2007.

203.31    Sec. 2. EFFECTIVE DATE.
203.32    This act is effective December 1, 2007, except when another date is specified. The
203.33revisor's instructions contained in this act shall be implemented for the 2008 edition of
203.34Minnesota Statutes."
203.35Correct the title numbers accordingly