1.1    .................... moves to amend H. F. No. 1208, the second committee engrossment,
1.2as follows:
1.3Delete everything after the enacting clause and insert:


1.6    Section 1. REVISOR'S INSTRUCTION.
1.7    In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315,
1.81346, 1350, 1360, and 7672, the revisor of statutes shall:
1.9    (1) change the term "commissioner of administration" to "commissioner of labor
1.10and industry";
1.11    (2) change the term "Department of Administration" to "Department of Labor and
1.12Industry";
1.13    (3) change the term "Department of Administration's Building Codes and Standards
1.14Division" to "Department of Labor and Industry"; and
1.15    (4) change the term "director of the Building Codes and Standards Division of the
1.16Department of Administration" to "individual appointed by the commissioner of labor and
1.17industry to administer the code."
1.18EFFECTIVE DATE.This section is effective the day following final enactment.


1.21    Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to
1.22read:
1.23    Subdivision 1. State Fire Code rulemaking authority. The commissioner of
1.24public safety through the Division of Fire Marshal may promulgate labor and industry,
1.25consistent with the recommendations of the state fire marshal, shall adopt a State Fire
1.26Code and make amendments thereto in accordance with the Administrative Procedure Act
2.1in chapter 14. The code and its amendments shall conform insofar as practicable to model
2.2fire codes generally accepted and in use throughout the United States, with consideration
2.3given to existing statewide specialty codes presently in use in the state of Minnesota.
2.4Statewide specialty codes and model codes with necessary modifications may be adopted
2.5by reference in accordance with section 14.07, subdivision 4.
2.6EFFECTIVE DATE.This section is effective the day following final enactment.

2.7    Sec. 2. [326B.01] DEFINITIONS.
2.8    Subdivision 1. Scope. The definitions in this section apply to chapter 326B.
2.9    Subd. 2. ASME. "ASME" means the American Society of Mechanical Engineers.
2.10    Subd. 3. Commissioner. "Commissioner" means the commissioner of labor
2.11and industry or a duly designated representative of the commissioner who is either an
2.12employee of the Department of Labor and Industry or a person working under contract
2.13with the department.
2.14    Subd. 4. Department. "Department" means the Department of Labor and Industry.
2.15    Subd. 5. Day. "Day" means calendar day unless otherwise provided.
2.16    Subd. 6. Individual. "Individual" means a human being.
2.17    Subd. 7. Person. "Person" means any individual, limited liability company,
2.18corporation, partnership, incorporated or unincorporated association, sole proprietorship,
2.19joint stock company, or any other legal or commercial entity.
2.20EFFECTIVE DATE.This section is effective the day following final enactment.

2.21    Sec. 3. [326B.02] POWERS.
2.22    Subdivision 1. Transfer of responsibilities. The responsibilities of the
2.23commissioner of administration relating to the state building code, sections 16B.59 to
2.2416B.76; construction of low-cost manufactured home park storm shelters, section 327.205;
2.25manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory
2.26warranties in connection with the sale of dwellings and home improvement work, chapter
2.27327A, are transferred under section 15.039 to the commissioner of labor and industry
2.28as amended and recodified in this chapter. The responsibilities of the commissioner of
2.29health relating to the state plumbing code and licensing, sections 16B.61, 144.99 to
2.30144.993, and 326.37 to 326.45, and water conditioning contractors and installers, sections
2.31326.57 to 326.65, are transferred under section 15.039 to the commissioner of labor and
2.32industry as amended and recodified in this chapter except for responsibilities transferred
2.33to the Plumbing Board as expressly provided in this chapter. The responsibilities of the
3.1commissioner of commerce relating to residential contractors, residential remodelers,
3.2residential roofers, manufactured home installers, and the contractor's recovery fund under
3.3sections 45.027 to 45.23 and 326.83 to 326.992 are transferred under section 15.039
3.4to the commissioner of labor and industry as amended and recodified in this chapter.
3.5The responsibilities of the Board of Electricity relating to the State Electrical Code and
3.6licensing, sections 16B.61 and 326.241 to 326.248, are transferred under section 15.039
3.7to the commissioner of labor and industry as amended and recodified in this chapter
3.8except for responsibilities transferred to the Board of Electricity as expressly provided
3.9in this chapter.
3.10    Subd. 2. Transfer of Authority. The commissioner of administration may not use
3.11the authority under section 16B.37 to modify the transfers of authority to the Plumbing
3.12Board, the Board of Electricity, or the Board of High Pressure Piping Systems under
3.13this chapter.
3.14    Subd. 3. Definition of responsibilities. For purposes of subdivision 1,
3.15responsibilities include powers, duties, rights, obligations, and other authority imposed
3.16by law.
3.17    Subd. 4. State fire marshal cooperation. The state fire marshal shall work with the
3.18commissioner to improve the delivery of services to the public through the coordination
3.19of services and utilization of technology.
3.20    Subd. 5. General rulemaking authority. The commissioner may, under the
3.21rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt,
3.22amend, suspend, and repeal rules relating to the commissioner's responsibilities under this
3.23chapter, except for rules for which the rulemaking authority is expressly transferred to the
3.24Plumbing Board, the Board of Electricity, or the Board of High Pressure Piping Systems.
3.25EFFECTIVE DATE.This section is effective the day following final enactment.

3.26    Sec. 4. [326B.04] DEPOSIT OF MONEY.
3.27    Subdivision 1. Construction code fund. There is created in the state treasury
3.28a construction code fund as a special revenue fund for the purpose of administering this
3.29chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
3.30sections, except penalties, is credited to the construction code fund unless otherwise
3.31specifically designated by law. Any interest or profit accruing from investment of these
3.32sums is credited to the construction code fund. All money collected in the construction
3.33code fund is appropriated to the commissioner to administer and enforce the provisions
3.34identified in this section.
4.1    Unless otherwise provided by law, all penalties assessed under this chapter, section
4.2327.35, and chapter 327B are credited to the assigned risk safety account established
4.3by section 79.253.
4.4    Subd. 2. Deposits. All remaining balances as of June 30, 2007, in the state
4.5government special revenue fund and special revenue fund accounts maintained for
4.6the Building Codes and Standards Division, Board of Electricity, and plumbing and
4.7engineering unit are transferred to the construction code fund. Unless otherwise
4.8specifically designated by law: (1) all money collected under chapter 183 and sections
4.916B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57
4.10to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties,
4.11is credited to the construction code fund; (2) all fees collected under section 45.23 in
4.12connection with continuing education for residential contractors, residential remodelers,
4.13and residential roofers are credited to the construction code fund; and (3) all penalties
4.14assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under
4.15sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45
4.16or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned
4.17risk safety account established by section 79.253.
4.18EFFECTIVE DATE.This section is effective July 1, 2007.

4.19    Sec. 5. [326B.06] BONDS.
4.20    Bonds issued under this chapter are not state bonds or contracts for purposes of
4.21sections 8.05 and 16C.05, subdivision 2.

4.22    Sec. 6. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
4.23    The commissioner shall not be subject to subpoena for purposes of providing expert
4.24testimony, except in an enforcement proceeding brought by the commissioner.

4.25    Sec. 7. APPOINTMENT AND FIRST MEETING OF BOARDS.
4.26     The governor must make the appointments to the Board of Electricity, the Plumbing
4.27Board, and the Board of High Pressure Piping Systems no later than July 1, 2007. The
4.28commissioner of labor and industry must convene the first meeting of each board no later
4.29than September 1, 2007.


4.32    Section 1. [326B.081] DEFINITIONS.
4.33    Subdivision 1. Application. For purposes of sections 326B.081 to 326B.085, the
4.34terms defined in this section have the meanings given them.
5.1    Subd. 2. Administrative order. "Administrative order" means an order issued
5.2under section 326B.082, subdivision 7.
5.3    Subd. 3. Applicable law. "Applicable law" means the provisions of sections
5.4326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders,
5.5stipulation agreements, settlements, compliance agreements, licenses, registrations,
5.6certificates, and permits adopted, issued, or enforced by the department under sections
5.7326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
5.8    Subd. 4. Document or documents. "Document" or "documents" includes papers;
5.9books; records; memoranda; data; contracts; drawings; graphs; charts; photographs;
5.10digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails;
5.11invoices; bills; notes; and calendars maintained in any form or manner.
5.12    Subd. 5. Final. "Final" when used to describe any order issued under section
5.13326B.082 means that:
5.14    (1) no request for hearing in connection with the order was filed in the manner and
5.15within the time provided by section 326B.082;
5.16    (2) all requests for hearing have been withdrawn;
5.17    (3) an agreement that resolves the order has been signed by all the parties; or
5.18    (4) after the filing of a request for hearing, an order has been issued by the
5.19commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been
5.20pursued or forgone.
5.21    Subd. 6. Licensing order. "Licensing order" means an order issued under section
5.22326B.082, subdivision 12, paragraph (a).
5.23    Subd. 7. Minimum qualifications. "Minimum qualifications" means the
5.24educational, experience, fee, examination, application, and other eligibility requirements
5.25that an applicant must meet in order to obtain a license, registration, certificate, or
5.26permit under the applicable law. For an applicant that is not an individual, the minimum
5.27qualifications include the requirement that an employee or other individual associated
5.28with the applicant hold a license.
5.29    Subd. 8. Stop order. "Stop order" means an order issued under section 326B.082,
5.30subdivision 10.

5.31    Sec. 2. [326B.082] ENFORCEMENT.
5.32    Subdivision 1. Remedies available. The commissioner may enforce all applicable
5.33law under this section. The commissioner may use any enforcement provision in this
5.34section, including the assessment of monetary penalties, against a person required to have
6.1a license, registration, certificate, or permit under the applicable law based on conduct
6.2that would provide grounds for action against a licensee, registrant, certificate holder,
6.3or permit holder under the applicable law. The use of an enforcement provision in this
6.4section shall not preclude the use of any other enforcement provision in this section or
6.5otherwise provided by law.
6.6    Subd. 2. Access to information and property; subpoenas. (a) In order to carry out
6.7the purposes of the applicable law, the commissioner may:
6.8    (1) administer oaths and affirmations, certify official acts, interview, question, take
6.9oral or written statements, and take depositions;
6.10    (2) request, examine, take possession of, test, sample, measure, photograph, record,
6.11and copy any documents, apparatus, devices, equipment, or materials;
6.12    (3) at a time and place indicated by the commissioner, request persons to appear
6.13before the commissioner to give testimony and produce documents, apparatus, devices,
6.14equipment, or materials;
6.15    (4) issue subpoenas to compel persons to appear before the commissioner to give
6.16testimony and produce documents, apparatus, devices, equipment, or materials; and
6.17    (5) with or without notice, enter without delay upon any property, public or private,
6.18for the purpose of taking any action authorized under this subdivision or the applicable
6.19law, including obtaining information, remedying violations, or conducting surveys,
6.20inspections, or investigations.
6.21    (b) Persons requested by the commissioner to give testimony or produce documents,
6.22apparatus, devices, equipment, or materials shall respond within the time and in the manner
6.23specified by the commissioner. If no time to respond is specified in the request, then a
6.24response shall be submitted within 30 days of the commissioner's service of the request.
6.25    (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
6.26owner's representative, or lessee's representative to permit the commissioner's entry onto
6.27property as provided in paragraph (a), the commissioner may apply for an administrative
6.28inspection order in the Ramsey County District Court or, at the commissioner's discretion,
6.29in the district court in the county in which the property is located. The commissioner may
6.30anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
6.31property owner's representative, or lessee's representative has refused to permit entry on a
6.32prior occasion or has informed the commissioner that entry will be refused. Upon showing
6.33of administrative probable cause by the commissioner, the district court shall issue an
6.34administrative inspection order that compels the property owner or lessee to permit the
6.35commissioner to enter the property for the purposes specified in paragraph (a).
7.1    (d) Upon the application of the commissioner, a district court shall treat the failure of
7.2any person to obey a subpoena lawfully issued by the commissioner under this subdivision
7.3as a contempt of court.
7.4    Subd. 3. Service. Unless otherwise specified, service of a document on a person
7.5under this section or section 326B.083 may be by mail, by personal service, or in
7.6accordance with any consent to service filed with the commissioner. Service by mail shall
7.7be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart
7.82. Personal service shall be accomplished in the manner provided in Minnesota Rules,
7.9part 1400.5550, subpart 3.
7.10    Subd. 4. Fax transmission. When this section or section 326B.083 permits a
7.11request for reconsideration or request for hearing to be served by fax on the commissioner,
7.12the fax shall not exceed 15 pages in length. The request shall be considered timely
7.13served if the fax is received by the commissioner, at the fax number identified by the
7.14commissioner in the order or notice of violation, no later than 4:30 p.m. central time on
7.15the last day permitted for faxing the request. Where the quality or authenticity of the faxed
7.16request is at issue, the commissioner may require the original request to be filed. Where
7.17the commissioner has not identified quality or authenticity of the faxed request as an issue
7.18and the request has been faxed in accordance with this subdivision, the person faxing the
7.19request does not need to file the original request with the commissioner.
7.20    Subd. 5. Time computation. In computing any period of time prescribed or allowed
7.21by this section, the day of the act, event, or default from which the designated period of
7.22time begins to run shall not be included. The last day of the period so computed shall be
7.23included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs
7.24until the next day which is not a Saturday, Sunday, or legal holiday.
7.25    Subd. 6. Notices of violation. (a) The commissioner may issue a notice of violation
7.26to any person who the commissioner determines has committed a violation of the
7.27applicable law. The notice of violation must state a summary of the facts that constitute
7.28the violation and the applicable law violated. The notice of violation may require the
7.29person to correct the violation. If correction is required, the notice of violation must state
7.30the deadline by which the violation must be corrected.
7.31    (b) The commissioner shall issue the notice of violation by:
7.32    (1) serving the notice of violation on the property owner or on the person who
7.33committed the violation; or
7.34    (2) posting the notice of violation at the location where the violation occurred.
8.1    (c) If the person to whom the commissioner has issued the notice of violation
8.2believes the notice was issued in error, then the person may request reconsideration of the
8.3parts of the notice that the person believes are in error. The request for reconsideration
8.4must be in writing and must be served on or faxed to the commissioner at the address or
8.5fax number specified in the notice of violation by the tenth day after the commissioner
8.6issued the notice of violation. The date on which a request for reconsideration is served by
8.7mail shall be the postmark date on the envelope in which the request for reconsideration is
8.8mailed. If the person does not serve or fax a written request for reconsideration or if the
8.9person's written request for reconsideration is not served on or faxed to the commissioner
8.10by the tenth day after the commissioner issued the notice of violation, the notice of
8.11violation shall become a final order of the commissioner and will not be subject to review
8.12by any court or agency. The request for reconsideration must:
8.13    (1) specify which parts of the notice of violation the person believes are in error;
8.14    (2) explain why the person believes the parts are in error; and
8.15    (3) provide documentation to support the request for reconsideration.
8.16    The commissioner shall respond in writing to requests for reconsideration
8.17made under this paragraph within 15 days after receiving the request. A request for
8.18reconsideration does not stay a requirement to correct a violation as set forth in the notice
8.19of violation. After reviewing the request for reconsideration, the commissioner may
8.20affirm, modify, or rescind the notice of violation. The commissioner's response to a
8.21request for reconsideration is final and shall not be reviewed by any court or agency.
8.22    Subd. 7. Administrative orders; correction; assessment of monetary
8.23penalties. (a) The commissioner may issue an administrative order to any person who
8.24the commissioner determines has committed a violation of the applicable law. The
8.25commissioner shall issue the administrative order by serving the administrative order on
8.26the person. The administrative order may require the person to correct the violation,
8.27may require the person to cease and desist from committing the violation, and may
8.28assess monetary penalties. The commissioner shall follow the procedures in section
8.29326B.083 when issuing administrative orders. Except as provided in paragraph (b), the
8.30commissioner may issue to each person a monetary penalty of up to $10,000 for each
8.31violation of applicable law committed by the person. The commissioner may order that
8.32part or all of the monetary penalty will be forgiven if the person to whom the order is
8.33issued demonstrates to the commissioner by the 31st day after the order is issued that
8.34the person has corrected the violation or has developed a correction plan acceptable to
8.35the commissioner.
9.1    (b) The commissioner may issue an administrative order for failure to correct a
9.2violation by the deadline stated in a final administrative order issued under paragraph (a).
9.3Each day after the deadline during which the violation remains uncorrected is a separate
9.4violation for purposes of calculating the maximum monetary penalty amount.
9.5    (c) Upon the application of the commissioner, a district court shall find the failure of
9.6any person to correct a violation as required by a final administrative order issued by the
9.7commissioner under this subdivision as a contempt of court.
9.8    Subd. 8. Hearings related to administrative orders. (a) Within 30 days after the
9.9commissioner issues an administrative order or within 20 days after the commissioner
9.10issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the
9.11person to whom the administrative order or notice is issued may request an expedited
9.12hearing to review the commissioner's order or notice. The request for hearing must be
9.13in writing and must be served on or faxed to the commissioner at the address or fax
9.14number specified in the order or notice. If the person does not request a hearing or if the
9.15person's written request for hearing is not served on or faxed to the commissioner by the
9.1630th day after the commissioner issues the administrative order or the 20th day after the
9.17commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b),
9.18clause (3), the order will become a final order of the commissioner and will not be subject
9.19to review by any court or agency. The date on which a request for hearing is served by
9.20mail shall be the postmark date on the envelope in which the request for hearing is mailed.
9.21The hearing request must specifically state the reasons for seeking review of the order or
9.22notice. The person to whom the order or notice is issued and the commissioner are the
9.23parties to the expedited hearing. The commissioner must notify the person to whom the
9.24order or notice is issued of the time and place of the hearing at least 15 days before the
9.25hearing. The expedited hearing must be held within 45 days after a request for hearing has
9.26been served on the commissioner unless the parties agree to a later date.
9.27    (b) All written arguments must be submitted within ten days following the close of
9.28the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
9.291400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in
9.30consultation with the agency, adopt rules specifically applicable to cases under this section.
9.31    (c) The administrative law judge shall issue a report making findings of fact,
9.32conclusions of law, and a recommended order to the commissioner within 30 days
9.33following the close of the record.
9.34    (d) If the administrative law judge makes a finding that the hearing was requested
9.35solely for purposes of delay or that the hearing request was frivolous, the commissioner
10.1may add to the amount of the penalty the costs charged to the department by the Office of
10.2Administrative Hearings for the hearing.
10.3    (e) If a hearing has been held, the commissioner shall not issue a final order until
10.4at least five days after the date of the administrative law judge's report. Any person
10.5aggrieved by the administrative law judge's report may, within those five days, serve
10.6written comments to the commissioner on the report and the commissioner shall consider
10.7the comments. The commissioner's final order may be appealed in the manner provided in
10.8sections 14.63 to 14.69.
10.9    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
10.10commissioner may bring an action for injunctive relief in the Ramsey County District
10.11Court or, at the commissioner's discretion, in the district court in the county in which the
10.12commissioner has determined a violation of the applicable law has occurred or is about to
10.13occur to enjoin the violation. A temporary restraining order and other injunctive relief
10.14shall be granted by the district court if the court determines that a person has engaged in or
10.15is about to engage in an act, conduct, or practice constituting a violation of the applicable
10.16law. The commissioner shall not be required to show irreparable harm.
10.17    Subd. 10. Stop orders. (a) If the commissioner determines based on an inspection
10.18or investigation that a person has violated or is about to violate the applicable law, the
10.19commissioner may issue to the person a stop order requiring the person to cease and desist
10.20from committing the violation.
10.21    (b) If the commissioner determines that a condition exists on real property that
10.22violates the applicable law, the commissioner may issue a stop order to the owner or
10.23lessee of the real property to cease and desist from committing the violation and to correct
10.24the condition that is in violation.
10.25    (c) The commissioner shall issue the stop work order by:
10.26    (1) serving the order on the person who has committed or is about to commit the
10.27violation;
10.28    (2) posting the order at the location where the violation was committed or is about to
10.29be committed or at the location where the violating condition exists; or
10.30    (3) serving the order on any owner or lessee of the real property where the violating
10.31condition exists.
10.32    (d) A stop order shall:
10.33    (1) describe the act, conduct, or practice committed or about to be committed, or the
10.34condition, and include a reference to the applicable law that the act, conduct, practice, or
10.35condition violates or would violate; and
11.1    (2) provide notice that any person aggrieved by the stop order may request a hearing
11.2as provided in paragraph (e).
11.3    (e) Within 30 days after the commissioner issues a stop order, any person aggrieved
11.4by the order may request an expedited hearing to review the commissioner's action.
11.5The request for hearing must be made in writing and must be served on or faxed to the
11.6commissioner at the address or fax number specified in the order. If the person does not
11.7request a hearing or if the person's written request for hearing is not served on or faxed to
11.8the commissioner on or before the 30th day after the commissioner issued the stop order,
11.9the order will become a final order of the commissioner and will not be subject to review
11.10by any court or agency. The date on which a request for hearing is served by mail is the
11.11postmark date on the envelope in which the request for hearing is mailed. The hearing
11.12request must specifically state the reasons for seeking review of the order. The person who
11.13requested the hearing and the commissioner are the parties to the expedited hearing. The
11.14hearing shall be commenced within ten days after the commissioner receives the request
11.15for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
11.161400.8612, as modified by this subdivision. The administrative law judge shall issue a
11.17report containing findings of fact, conclusions of law, and a recommended order within
11.18ten days after the conclusion of the hearing. Any party aggrieved by the administrative
11.19law judge's report shall have five days after the date of the administrative law judge's
11.20report to submit exceptions and argument to the commissioner. Within 15 days after
11.21receiving the administrative law judge's report, the commissioner shall issue an order
11.22vacating, modifying, or making permanent the stop order. The commissioner and the
11.23person requesting the hearing may by agreement lengthen any time periods described in
11.24this paragraph. The Office of Administrative Hearings may, in consultation with the
11.25agency, adopt rules specifically applicable to cases under this subdivision.
11.26    (f) A stop order issued under this subdivision shall be in effect until it is modified or
11.27vacated by the commissioner or an appellate court. The administrative hearing provided
11.28by this subdivision and any appellate judicial review as provided in chapter 14 shall
11.29constitute the exclusive remedy for any person aggrieved by a stop order.
11.30    (g) Upon the application of the commissioner, a district court shall find the failure of
11.31any person to comply with a final stop order lawfully issued by the commissioner under
11.32this subdivision as a contempt of court.
11.33    Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may
11.34deny an application for a permit, license, registration, or certificate if the applicant does
11.35not meet or fails to maintain the minimum qualifications for holding the permit, license,
11.36registration, or certificate, or has any unresolved violations or unpaid fees or monetary
12.1penalties related to the activity for which the permit, license, registration, or certificate has
12.2been applied for or was issued.
12.3    (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
12.4person's permit, license, registration, or certificate, or censure the person holding the
12.5permit, license, registration, or certificate, if the commissioner finds that the person:
12.6    (1) committed one or more violations of the applicable law;
12.7    (2) submitted false or misleading information to the state in connection with
12.8activities for which the permit, license, registration, or certificate was issued, or in
12.9connection with the application for the permit, license, registration, or certificate;
12.10    (3) allowed the alteration or use of the person's own permit, license, registration,
12.11or certificate by another person;
12.12    (4) within the previous five years, was convicted of a crime in connection with
12.13activities for which the permit, license, registration, or certificate was issued;
12.14    (5) violated a final administrative order issued under subdivision 7 or a final stop
12.15order issued under subdivision 10, or injunctive relief issued under subdivision 9;
12.16    (6) failed to cooperate with a commissioner's request to give testimony, to produce
12.17documents, things, apparatus, devices, equipment, or materials, or to access property
12.18under subdivision 2;
12.19    (7) retaliated in any manner against any employee or person who is questioned by,
12.20cooperates with, or provides information to the commissioner or an employee or agent
12.21authorized by the commissioner who seeks access to property or things under subdivision
12.222;
12.23    (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
12.24    (9) performed work in connection with the permit, license, registration, or
12.25certificate or conducted the person's affairs in a manner that demonstrates incompetence,
12.26untrustworthiness, or financial irresponsibility.
12.27    (c) If the commissioner revokes a person's permit, license, registration, or certificate
12.28under paragraph (b), the person is prohibited from reapplying for the same type of permit,
12.29license, registration, or certificate for at least two years after the effective date of the
12.30revocation. The commissioner may, as a condition of reapplication, require the person to
12.31obtain a bond or comply with additional reasonable conditions the commissioner considers
12.32necessary to protect the public.
12.33    (d) If a permit, license, registration, or certificate expires, or is surrendered,
12.34withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
12.35institute a proceeding under this subdivision within two years after the permit, license,
13.1registration, or certificate was last effective and enter a revocation or suspension order as
13.2of the last date on which the permit, license, registration, or certificate was in effect.
13.3    Subd. 12. Issuance of licensing orders; hearings related to licensing orders.
13.4 (a) If the commissioner determines that a permit, license, registration, or certificate
13.5should be conditioned, limited, suspended, revoked, or denied under subdivision 11,
13.6or that the permit holder, licensee, registrant, or certificate holder should be censured
13.7under subdivision 11, then the commissioner shall issue to the person an order denying,
13.8conditioning, limiting, suspending, or revoking the person's permit, license, registration,
13.9or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
13.10    (b) Any order issued under paragraph (a) may include an assessment of monetary
13.11penalties and may require the person to cease and desist from committing the violation
13.12or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The
13.13monetary penalty may be up to $10,000 for each violation or act, conduct, or practice
13.14committed by the person. The procedures in section 326B.083 must be followed when
13.15issuing orders under paragraph (a).
13.16    (c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
13.17the commissioner issues an order under paragraph (a) shall have 30 days after service of
13.18the order to request a hearing. The request for hearing must be in writing and must be
13.19served on or faxed to the commissioner at the address or fax number specified in the order
13.20by the 30th day after service of the order. If the person does not request a hearing or if
13.21the person's written request for hearing is not served on or faxed to the commissioner
13.22by the 30th day after service of the order, the order shall become a final order of the
13.23commissioner and will not be subject to review by any court or agency. The date on which
13.24a request for hearing is served by mail shall be the postmark date on the envelope in which
13.25the request for hearing is mailed. If the person submits to the commissioner a timely
13.26request for hearing, a contested case hearing shall be held in accordance with chapter 14.
13.27    (d) Paragraph (c) does not apply to summary suspension under subdivision 13.
13.28    Subd. 13. Summary suspension. In any case where the commissioner has
13.29issued an order to revoke or suspend a license, registration, certificate, or permit under
13.30subdivision 12, the commissioner may summarily suspend the person's permit, license,
13.31registration, or certificate before the order becomes final. The commissioner shall issue a
13.32summary suspension order when the safety of life or property is threatened or to prevent
13.33the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the
13.34public. The summary suspension shall not affect the deadline for submitting a request
13.35for hearing under subdivision 12. If the commissioner summarily suspends a person's
13.36permit, license, registration, or certificate, a timely request for hearing submitted under
14.1subdivision 12 shall also be considered a timely request for hearing on continuation of
14.2the summary suspension. If the commissioner summarily suspends a person's permit,
14.3license, registration, or certificate under this subdivision and the person submits a timely
14.4request for a hearing, then a hearing on continuation of the summary suspension must be
14.5held within ten days after the commissioner receives the request for hearing unless the
14.6parties agree to a later date.
14.7    Subd. 14. Plan for assessing penalties. The commissioner may prepare a plan for
14.8assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall
14.9provide a 30-day period for public comment on any such plan. Penalties assessed by the
14.10commissioner in accordance with the plan shall be presumed reasonable.
14.11    Subd. 15. Effect on other laws. Nothing in this section shall be construed to limit
14.12the application of other state or federal laws, including specifically but not exclusively
14.13section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a
14.14permit, license, registration, or certificate issued by the commissioner.
14.15    Subd. 16. Misdemeanor penalties. Except as otherwise provided by law, a person
14.16who violates an applicable law is guilty of a misdemeanor.
14.17    Subd. 17. Revocation and suspension of license. If a person fails to pay a penalty
14.18owed under this section or section 326B.083, the commissioner may revoke, suspend, or
14.19deny any or all licenses, permits, certificates, and registrations issued by the department.

14.20    Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF
14.21ADMINISTRATIVE AND LICENSING ORDERS.
14.22    Subdivision 1. Amount of penalty; considerations. In determining the amount of
14.23a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall
14.24consider the factors described in section 14.045, subdivision 3.
14.25    Subd. 2. Contents of administrative order and licensing order. (a) An
14.26administrative order and a licensing order must include:
14.27    (1) a summary of the facts that constitute the violation or violations;
14.28    (2) a reference to the applicable law that has been violated; and
14.29    (3) a statement of the person's right to request a hearing.
14.30    (b) An administrative order may include a requirement that the violation be
14.31corrected. If the order includes a requirement that the violation be corrected, then the
14.32order must include, in addition to any statements required under paragraphs (a) and (c),
14.33the deadline by which the violation must be corrected.
15.1    (c) An administrative order or a licensing order may assess monetary penalties. If
15.2the order assesses monetary penalties, then the order must include, in addition to any
15.3statements required under paragraphs (a) and (b):
15.4    (1) a statement of the amount of the monetary penalty imposed;
15.5    (2) a statement that, when the order becomes final, the commissioner may file and
15.6enforce the unpaid portion of a penalty as a judgment in district court without further
15.7notice or additional proceedings; and
15.8    (3) if the order is an administrative order, a statement of the amount of the penalty,
15.9if any, that will be forgiven if the person who is subject to the order demonstrates to the
15.10commissioner by the 31st day after the order is served that the person has corrected the
15.11violation or has developed a correction plan acceptable to the commissioner.
15.12    Subd. 3. Penalty. (a) If an administrative order includes a penalty assessment, then
15.13the penalty is due and payable on the date the administrative order becomes final unless
15.14some or all of the penalty is forgivable. If a licensing order includes a penalty assessment,
15.15then the penalty is due and payable on the date the licensing order becomes final.
15.16    (b) This paragraph applies if an administrative order includes a penalty assessment
15.17and all or a portion of the penalty is forgivable.
15.18    (1) If any portion of the penalty is not forgivable, that portion of the penalty is due
15.19and payable ten days after the date the administrative order becomes final.
15.20    (2) The commissioner shall forgive the forgivable portion of the penalty if the
15.21commissioner determines that the violation has been corrected within the time set by
15.22the order or the person to whom the order was issued has developed a correction plan
15.23acceptable to the commissioner within the time set by the order.
15.24    (3) If the commissioner determines that the person to whom the order was issued
15.25has failed to correct the violation within the time set by the order or has failed to develop
15.26a correction plan acceptable to the commissioner within the time set by the order, then
15.27the forgivable portion of the penalty is due and payable ten days after the commissioner
15.28serves notice of the determination on the person or on the date the administrative order
15.29becomes final, whichever is later.
15.30    (c) This paragraph applies if an administrative order or a licensing order includes a
15.31penalty assessment and if the person subject to the order has requested a hearing. The
15.32administrative law judge may not recommend a change in the amount of the penalty if
15.33the penalty was assessed in accordance with a plan prepared under section 326B.082,
15.34subdivision 14. If the commissioner has not prepared a plan under section 326B.082,
15.35subdivision 14, then the administrative law judge may not recommend a change in the
16.1amount of the penalty unless the administrative law judge determines that, based on the
16.2factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
16.3    (d) The assessment of a penalty does not preclude the use of other enforcement
16.4provisions, under which penalties are not assessed, in connection with the violation for
16.5which the penalty was assessed.

16.6    Sec. 4. [326B.084] FALSE INFORMATION.
16.7    A person subject to any of the requirements in the applicable law may not make a
16.8false material statement, representation, or certification in; omit material information
16.9from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan,
16.10or other document required under the applicable law.

16.11    Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
16.12    In any action brought by the commissioner for enforcement of an order issued
16.13under section 326B.082 for injunctive relief, or to compel performance pursuant to the
16.14applicable law, if the state finally prevails, the state, in addition to other penalties provided
16.15by law, may be allowed an amount determined by the court to be the reasonable value of
16.16all or part of the litigation expenses incurred by the state. In determining the amount of
16.17the litigation expenses to be allowed, the court shall give consideration to the economic
16.18circumstances of the defendant.

16.19    Sec. 6. REVISOR'S INSTRUCTION.
16.20    The revisor of statutes shall renumber Minnesota Statutes, section 299F.011,
16.21subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.


16.24    Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:
16.25    Subd. 2. Powers and duties, general. Subject to other provisions of this chapter,
16.26the commissioner is authorized to:
16.27    (1) supervise, control, review, and approve all state contracts and purchasing;
16.28    (2) provide agencies with supplies and equipment and operate all central store or
16.29supply rooms serving more than one agency;
16.30    (3) investigate and study the management and organization of agencies, and
16.31reorganize them when necessary to ensure their effective and efficient operation;
16.32    (4) manage and control state property, real and personal;
16.33    (5) maintain and operate all state buildings, as described in section 16B.24,
16.34subdivision 1 ;
17.1    (6) supervise, control, review, and approve all capital improvements to state
17.2buildings and the capitol building and grounds;
17.3    (7) provide central duplicating, printing, and mail facilities;
17.4    (8) oversee publication of official documents and provide for their sale;
17.5    (9) manage and operate parking facilities for state employees and a central motor
17.6pool for travel on state business; and
17.7    (10) establish and administer a State Building Code; and
17.8    (11) (10) provide rental space within the capitol complex for a private day care
17.9center for children of state employees. The commissioner shall contract for services as
17.10provided in this chapter. The commissioner shall report back to the legislature by October
17.111, 1984, with the recommendation to implement the private day care operation.

17.12    Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
17.13    Subd. 4. Code. "Code" means the State Building Code adopted by the commissioner
17.14of labor and industry in consultation with each industry board and the Construction Codes
17.15Advisory Council in accordance with sections 16B.59 to 16B.75.

17.16    Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
17.17    Subd. 7. Physically disabled Person with a disability. "Physically disabled" means
17.18having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities
17.19of aging, or other disabilities that significantly reduce mobility, flexibility, coordination,
17.20or perceptiveness. "Person with a disability" or "persons with disabilities" includes
17.21people who have a vision disability, a hearing disability, a disability of coordination, a
17.22disability of aging, or any other disability that significantly reduces mobility, flexibility,
17.23coordination, or perceptiveness.

17.24    Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
17.25    Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an existing
17.26public building in whole or in part in order to bring it up to date in into conformity with
17.27present uses of the structure and to which other rules on the upgrading of health and
17.28safety provisions are applicable.

17.29    Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
17.30    Subd. 11. State licensed facilities facility. "State licensed facilities facility" means
17.31a building and its grounds that are licensed by the state as a hospital, nursing home,
17.32supervised living facility, free-standing outpatient surgical center, or correctional facility,
17.33boarding care home, or residential hospice.

17.34    Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:
18.116B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND
18.2INDUSTRY.
18.3    Subdivision 1. Adoption of code. Subject to sections 16B.59 to 16B.75, the
18.4commissioner shall by rule and in consultation with the Construction Codes Advisory
18.5Council establish a code of standards for the construction, reconstruction, alteration, and
18.6repair of buildings, governing matters of structural materials, design and construction,
18.7fire protection, health, sanitation, and safety, including design and construction standards
18.8regarding heat loss control, illumination, and climate control. The code must also include
18.9duties and responsibilities for code administration, including procedures for administrative
18.10action, penalties, and suspension and revocation of certification. The code must conform
18.11insofar as practicable to model building codes generally accepted and in use throughout
18.12the United States, including a code for building conservation. In the preparation of the
18.13code, consideration must be given to the existing statewide specialty codes presently in
18.14use in the state. Model codes with necessary modifications and statewide specialty codes
18.15may be adopted by reference. The code must be based on the application of scientific
18.16principles, approved tests, and professional judgment. To the extent possible, the code
18.17must be adopted in terms of desired results instead of the means of achieving those results,
18.18avoiding wherever possible the incorporation of specifications of particular methods or
18.19materials. To that end the code must encourage the use of new methods and new materials.
18.20Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall
18.21administer and enforce the provisions of those sections.
18.22    The commissioner shall develop rules addressing the plan review fee assessed
18.23to similar buildings without significant modifications including provisions for use of
18.24building systems as specified in the industrial/modular program specified in section
18.2516B.75 . Additional plan review fees associated with similar plans must be based on costs
18.26commensurate with the direct and indirect costs of the service.
18.27    Subd. 1a. Administration by commissioner. The commissioner shall administer
18.28and enforce the State Building Code as a municipality with respect to public buildings and
18.29state licensed facilities in the state. The commissioner shall establish appropriate permit,
18.30plan review, and inspection fees, and surcharges for public buildings and state licensed
18.31facilities. Fees and surcharges for public buildings and state licensed facilities must be
18.32remitted to the commissioner, who shall deposit them in the state treasury for credit to
18.33the special revenue fund.
18.34    Municipalities other than the state having an agreement with the commissioner
18.35for code administration and enforcement service for public buildings and state licensed
18.36facilities shall charge their customary fees, including surcharge, to be paid directly to the
19.1jurisdiction by the applicant seeking authorization to construct a public building or a state
19.2licensed facility. The commissioner shall sign an agreement with a municipality other than
19.3the state for plan review, code administration, and code enforcement service for public
19.4buildings and state licensed facilities in the jurisdiction if the building officials of the
19.5municipality meet the requirements of section 16B.65 and wish to provide those services
19.6and if the commissioner determines that the municipality has enough adequately trained
19.7and qualified building inspectors to provide those services for the construction project.
19.8    The commissioner may direct the state building official to assist a community that
19.9has been affected by a natural disaster with building evaluation and other activities related
19.10to building codes.
19.11    Administration and enforcement in a municipality under this section must apply
19.12any optional provisions of the State Building Code adopted by the municipality. A
19.13municipality adopting any optional code provision shall notify the state building official
19.14within 30 days of its adoption.
19.15    The commissioner shall administer and enforce the provisions of the code relating to
19.16elevators statewide, except as provided for under section 16B.747, subdivision 3.
19.17    Subd. 2. Enforcement by certain bodies. Under the direction and supervision of
19.18the commissioner, the provisions of the code relating to electrical installations shall be
19.19enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act,
19.20the provisions relating to, plumbing shall be enforced by the commissioner of health,
19.21the provisions relating to, boilers, high pressure steam piping and appurtenances, and
19.22ammonia refrigeration piping, and bioprocess piping shall be enforced by the Department
19.23of Labor and Industry. Fees for inspections conducted by the State Board of Electricity
19.24commissioner shall be paid in accordance with the rules of the State Board of Electricity
19.25department. Under direction of the commissioner of public safety, the state fire marshal
19.26shall enforce the State Fire Code as provided in chapter 299F. The commissioner, in
19.27consultation with the commissioner of labor and industry, shall adopt amendments to the
19.28mechanical code portion of the State Building Code to implement standards for process
19.29piping.
19.30    Subd. 3. Special requirements. (a) Space for commuter vans. The code must
19.31require that any parking ramp or other parking facility constructed in accordance with the
19.32code include an appropriate number of spaces suitable for the parking of motor vehicles
19.33having a capacity of seven to 16 persons and which are principally used to provide
19.34prearranged commuter transportation of employees to or from their place of employment
19.35or to or from a transit stop authorized by a local transit authority.
20.1    (b) Smoke detection devices. The code must require that all dwellings, lodging
20.2houses, apartment houses, and hotels as defined in section 299F.362 comply with the
20.3provisions of section 299F.362.
20.4    (c) Doors in nursing homes and hospitals. The State Building Code may not
20.5require that each door entering a sleeping or patient's room from a corridor in a nursing
20.6home or hospital with an approved complete standard automatic fire extinguishing system
20.7be constructed or maintained as self-closing or automatically closing.
20.8    (d) Child care facilities in churches; ground level exit. A licensed day care center
20.9serving fewer than 30 preschool age persons and which is located in a belowground space
20.10in a church building is exempt from the State Building Code requirement for a ground
20.11level exit when the center has more than two stairways to the ground level and its exit.
20.12    (e) Child care facilities in churches; vertical access. Until August 1, 1996, an
20.13organization providing child care in an existing church building which is exempt from
20.14taxation under section 272.02, subdivision 6, shall have five years from the date of initial
20.15licensure under chapter 245A to provide interior vertical access, such as an elevator, to
20.16persons with disabilities as required by the State Building Code. To obtain the extension,
20.17the organization providing child care must secure a $2,500 performance bond with the
20.18commissioner of human services to ensure that interior vertical access is achieved by the
20.19agreed upon date.
20.20    (f) (e) Family and group family day care. Until the legislature enacts legislation
20.21specifying appropriate standards, the definition of Group R-3 occupancies in dwellings
20.22constructed in accordance with the International Residential Code as adopted as part of the
20.23State Building Code applies to family and group family day care homes licensed by the
20.24Department of Human Services under Minnesota Rules, chapter 9502.
20.25    (g) (f) Enclosed stairways. No provision of the code or any appendix chapter of
20.26the code may require stairways of existing multiple dwelling buildings of two stories or
20.27less to be enclosed.
20.28    (h) (g) Double cylinder dead bolt locks. No provision of the code or appendix
20.29chapter of the code may prohibit double cylinder dead bolt locks in existing single-family
20.30homes, townhouses, and first floor duplexes used exclusively as a residential dwelling.
20.31Any recommendation or promotion of double cylinder dead bolt locks must include a
20.32warning about their potential fire danger and procedures to minimize the danger.
20.33    (i) (h) Relocated residential buildings. A residential building relocated within
20.34or into a political subdivision of the state need not comply with the State Energy Code
20.35or section 326.371 provided that, where available, an energy audit is conducted on the
20.36relocated building.
21.1    (j) (i) Automatic garage door opening systems. The code must require all
21.2residential buildings as defined in section 325F.82 to comply with the provisions of
21.3sections 325F.82 and 325F.83.
21.4    (k) (j) Exit sign illumination. For a new building on which construction is begun
21.5on or after October 1, 1993, or an existing building on which remodeling affecting 50
21.6percent or more of the enclosed space is begun on or after October 1, 1993, the code must
21.7prohibit the use of internally illuminated exit signs whose electrical consumption during
21.8nonemergency operation exceeds 20 watts of resistive power. All other requirements in
21.9the code for exit signs must be complied with.
21.10    (l) (k) Exterior wood decks, patios, and balconies. The code must permit the
21.11decking surface and upper portions of exterior wood decks, patios, and balconies to be
21.12constructed of (1) heartwood from species of wood having natural resistance to decay or
21.13termites, including redwood and cedars, (2) grades of lumber which contain sapwood from
21.14species of wood having natural resistance to decay or termites, including redwood and
21.15cedars, or (3) treated wood. The species and grades of wood products used to construct the
21.16decking surface and upper portions of exterior decks, patios, and balconies must be made
21.17available to the building official on request before final construction approval.
21.18    (m) (l) Bioprocess piping and equipment. No permit fee for bioprocess piping may
21.19be imposed by municipalities under the State Building Code, except as required under
21.20section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section
21.21326.47 administered by the Department of Labor and Industry. All data regarding the
21.22material production processes, including the bioprocess system's structural design and
21.23layout, are nonpublic data as provided by section 13.7911.
21.24    Subd. 3a. Recycling space. The code must require suitable space for the separation,
21.25collection, and temporary storage of recyclable materials within or adjacent to new or
21.26significantly remodeled structures that contain 1,000 square feet or more. Residential
21.27structures with fewer than four dwelling units are exempt from this subdivision.
21.28    Subd. 4. Review of plans for public buildings and state licensed facilities.
21.29    Construction or remodeling may not begin on any public building or state licensed facility
21.30until the plans and specifications have been approved by the commissioner or municipality
21.31under contractual agreement pursuant to subdivision 1a. The plans and specifications must
21.32be submitted for review, and within 30 days after receipt of the plans and specifications,
21.33the commissioner or municipality under contractual agreement shall notify the submitting
21.34authority of any corrections.
22.1    Subd. 5. Accessibility. (a) Public buildings. The code must provide for making
22.2public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
22.3physically disabled persons with disabilities, although this does not require the remodeling
22.4of public buildings solely to provide accessibility and usability to the physically disabled
22.5persons with disabilities when remodeling would not otherwise be undertaken.
22.6    (b) Leased space. No agency of the state may lease space for agency operations
22.7in a non-state-owned building unless the building satisfies the requirements of the State
22.8Building Code for accessibility by the physically disabled persons with disabilities, or
22.9is eligible to display the state symbol of accessibility. This limitation applies to leases
22.10of 30 days or more for space of at least 1,000 square feet.
22.11    (c) Meetings or conferences. Meetings or conferences for the public or for state
22.12employees which are sponsored in whole or in part by a state agency must be held in
22.13buildings that meet the State Building Code requirements relating to accessibility for
22.14physically disabled persons with disabilities. This subdivision does not apply to any
22.15classes, seminars, or training programs offered by the Minnesota State Colleges and
22.16Universities or the University of Minnesota. Meetings or conferences intended for specific
22.17individuals none of whom need the accessibility features for disabled persons with
22.18disabilities specified in the State Building Code need not comply with this subdivision
22.19unless a disabled person with a disability gives reasonable advance notice of an intent to
22.20attend the meeting or conference. When sign language interpreters will be provided,
22.21meetings or conference sites must be chosen which allow hearing impaired participants to
22.22see their signing clearly.
22.23    (d) Exemptions. The commissioner may grant an exemption from the requirements
22.24of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable
22.25efforts were made to secure facilities which complied with those requirements and if the
22.26selected facilities are the best available for access for disabled persons with disabilities.
22.27Exemptions shall be granted using criteria developed by the commissioner in consultation
22.28with the Council on Disability.
22.29    (e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
22.30International's Eleventh World Congress is the state symbol indicating buildings, facilities,
22.31and grounds which are accessible to and usable by disabled persons with disabilities. In
22.32the interests of uniformity, this symbol is the sole symbol for display in or on all public
22.33or private buildings, facilities, and grounds which qualify for its use. The secretary of
22.34state shall obtain the symbol and keep it on file. No building, facility, or grounds may
22.35display the symbol unless it is in compliance with the rules adopted by the commissioner
22.36under subdivision 1. Before any rules are proposed for adoption under this paragraph,
23.1the commissioner shall consult with the Council on Disability. Rules adopted under this
23.2paragraph must be enforced in the same way as other accessibility rules of the State
23.3Building Code.
23.4    (f) Municipal enforcement. Municipalities which have not adopted the State
23.5Building Code may enforce the building code requirements for disabled persons with
23.6disabilities by either entering into a joint powers agreement for enforcement with another
23.7municipality which has adopted the State Building Code; or contracting for enforcement
23.8with an individual certified under section 16B.65, subdivision 3, to enforce the State
23.9Building Code.
23.10    (g) Equipment allowed. The code must allow the use of vertical wheelchair lifts and
23.11inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair lift
23.12must be equipped with light or sound signaling device for use during operation of the lift.
23.13The stairway or ramp shall be marked in a bright color that clearly indicates the outside
23.14edge of the lift when in operation. The code shall not require a guardrail between the lift
23.15and the stairway or ramp. Compliance with this provision by itself does not mean other
23.16disability accessibility requirements have been met.
23.17    Subd. 6. Energy efficiency. The code must provide for building new low-income
23.18housing in accordance with energy efficiency standards adopted under subdivision 1.
23.19For purposes of this subdivision, low-income housing means residential housing built
23.20for low-income persons and families under a program of a housing and redevelopment
23.21authority, the Minnesota Housing Finance Agency, or another entity receiving money
23.22from the state to construct such housing.
23.23    Subd. 7. Access for the hearing-impaired. All rooms in the State Office Building
23.24and in the Capitol that are used by the house of representatives or the senate for legislative
23.25hearings, and the public galleries overlooking the house and senate chambers, must
23.26be fitted with assistive listening devices for the hearing-impaired. Each hearing room
23.27and the public galleries must have a sufficient number of receivers available so that
23.28hearing-impaired members of the public may participate in the committee hearings and
23.29public sessions of the house and senate.
23.30    Subd. 8. Separate metering for electric service. The standards concerning heat
23.31loss, illumination, and climate control adopted pursuant to subdivision 1, shall require
23.32that electrical service to individual dwelling units in buildings containing two or more
23.33units be separately metered, with individual metering readily accessible to the individual
23.34occupants. The standards authorized by this subdivision shall only apply to buildings
23.35constructed after the effective date of the amended standards. Buildings intended for
24.1occupancy primarily by persons who are 62 years of age or older or disabled, or which
24.2contain a majority of units not equipped with complete kitchen facilities, shall be exempt
24.3from the provisions of this subdivision.

24.4    Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
24.5    Subd. 4. Rules. The commissioner of administration shall adopt rules to implement
24.6this section. The rules may provide for a greater ratio of women's to men's facilities
24.7for certain types of occupancies than is required in subdivision 3, and may apply the
24.8required ratios to categories of occupancies other than those defined as places of public
24.9accommodation under subdivision 1.

24.10    Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:
24.1116B.617 ENERGY CODE RULES REMAIN IN EFFECT.
24.12    (a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter
24.137670, does not expire on April 15, 2000, but remains in effect for residential buildings not
24.14covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter
24.157670, that apply to category 1 buildings govern new, detached single one- and two-family
24.16R-3 occupancy residential buildings. All new, detached single one- and two-family R-3
24.17occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application
24.18for a building permit after April 14, 2000, must meet the requirements for category 1
24.19buildings, as set out in Minnesota Rules, chapter 7670.
24.20    (b) As an alternative to compliance with paragraph (a), compliance with Minnesota
24.21Rules, chapters 7672 and 7674, is optional for a contractor or owner.
24.22    (c) The Department of Administration, Building Codes and Standards Division
24.23(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost
24.24benefit, as well as air quality, building durability, moisture, enforcement, enforceability,
24.25and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and
24.267674. The report must include a feasibility study of establishing new criteria for category
24.272 detached single one- and two-family R-3 occupancy buildings that are energy efficient,
24.28enforceable, and provide sufficient nonmechanical ventilation or permeability for a home
24.29to maintain good air quality, building durability, and adequate release of moisture.
24.30    (d) (c) This section expires when the commissioner of administration adopts a new
24.31energy code in accordance with Laws 2002, chapter 317, section 4.

24.32    Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
24.3316B.6175 ENERGY CODE.
24.34    Notwithstanding section 16B.617, the commissioner of administration, in
24.35consultation with the Construction Codes Advisory Council, shall explore and review the
25.1availability and appropriateness of any model energy codes related to the construction
25.2of single one- and two-family residential buildings. In consultation with the council, the
25.3commissioner shall take steps to adopt the chosen code with all necessary and appropriate
25.4amendments.
25.5    The commissioner may not adopt all or part of a model energy code relating to
25.6the construction of residential buildings without research and analysis that addresses,
25.7at a minimum, air quality, building durability, moisture, enforcement, enforceability
25.8cost benefit, and liability. The research and analysis must be completed in cooperation
25.9with practitioners in residential construction and building science and an affirmative
25.10recommendation by the Construction Codes Advisory Council.

25.11    Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:
25.1216B.63 STATE BUILDING OFFICIAL.
25.13    Subdivision 1. Appointment. The commissioner shall appoint a state building
25.14official who under the direction and supervision of the commissioner shall administer
25.15the code.
25.16    Subd. 2. Qualifications. To be eligible for appointment as state building official an
25.17individual must be competent in the field of administration and shall have the experience
25.18in building design, construction, and supervision which the commissioner considers
25.19necessary.
25.20    Subd. 3. Powers and duties. The state building official may, with the approval of
25.21the commissioner, employ personnel necessary to carry out the inspector's function under
25.22sections 16B.59 to 16B.75. The state building official shall distribute without charge
25.23one copy a printed or electronic version of the code to each municipality within the state.
25.24Additional copies A printed or electronic version of the code shall be made available
25.25to municipalities and interested parties for a fee prescribed by the commissioner. The
25.26state building official shall perform other duties in administering the code assigned by
25.27the commissioner.
25.28    Subd. 4. Accessibility specialists. The state building official shall, with the
25.29approval of the commissioner, assign three department employees to assist municipalities
25.30in complying with section 16B.61, subdivision 5.
25.31    Subd. 5. Interpretative authority. To achieve uniform and consistent application
25.32of the State Building Code, the state building official commissioner has final interpretative
25.33authority applicable to all codes adopted as part of the State Building Code except
25.34for the Plumbing Code and the Electrical Code when enforced by the State Board of
25.35Electricity. A final interpretative committee composed of seven members, consisting
26.1of three building officials, two inspectors from the affected field, and two construction
26.2industry representatives, shall review requests for final interpretations relating to that field.
26.3A request for which the commissioner has final interpretative authority. The Plumbing
26.4Board has final interpretative authority applicable to the State Plumbing Code and shall
26.5review requests for final interpretation made to the board that relate to the State Plumbing
26.6Code. The Board of Electricity has final interpretative authority applicable to the State
26.7Electrical Code and shall review requests for final interpretation made to the board that
26.8relate to the State Electrical Code. The Board of High Pressure Piping Systems has final
26.9interpretative authority applicable to the State High Pressure Piping Code and shall review
26.10requests for final interpretation made to the board that relate to the State High Pressure
26.11Piping Code. Except for requests for final interpretations that relate to the State Plumbing
26.12Code, the State Electrical Code, and the State High Pressure Piping Code, requests for
26.13final interpretation must come from a local or state level building code board of appeals.
26.14The state building official commissioner must establish procedures for membership of
26.15the final interpretative committees. The appropriate committee shall review the request
26.16and make a recommendation to the state building official commissioner for the final
26.17interpretation within 30 days of the request. The state building official commissioner
26.18must issue an final interpretation within ten business days from after the receipt of the
26.19recommendation from the review final interpretive committee. A The Plumbing Board, the
26.20Board of Electricity, or the Board of High Pressure Piping Systems shall review a request
26.21and issue a final interpretation within 30 days of the request. Any person aggrieved by
26.22 final interpretation may be appealed within 30 days of its issuance to by the commissioner
26.23under section 16B.67 or the board in accordance with chapter 14. The final interpretation
26.24must be published within ten business days of its issuance and made available to the
26.25public. Municipal building officials shall administer all final interpretations issued by the
26.26state building official commissioner, the Plumbing Board, the Board of Electricity, or
26.27the Board of High Pressure Piping Systems until the final interpretations are considered
26.28by the commissioner, the Plumbing Board, the Board of Electricity, or the Board of High
26.29Pressure Piping Systems for adoption as part of the State Building Code, State Plumbing
26.30Code, State Electrical Code, and the State High Pressure Piping Code.

26.31    Sec. 11. Minnesota Statutes 2006, section 16B.65, is amended to read:
26.3216B.65 BUILDING OFFICIALS.
26.33    Subdivision 1. Designation. By January 1, 2002, Each municipality shall designate
26.34a building official to administer the code. A municipality may designate no more than one
26.35building official responsible for code administration defined by each certification category
26.36established in rule. Two or more municipalities may combine in the designation of a
27.1building official for the purpose of administering the provisions of the code within their
27.2communities. In those municipalities for which no building officials have been designated,
27.3the state building official may use whichever state employees are necessary to perform
27.4the duties of the building official until the municipality makes a temporary or permanent
27.5designation. All costs incurred by virtue of these services rendered by state employees
27.6must be borne by the involved municipality and receipts arising from these services must
27.7be paid into the state treasury and credited to the special revenue fund to the commissioner.
27.8    Subd. 2. Qualifications. A building official, to be eligible for designation, must
27.9be certified and have the experience in design, construction, and supervision which
27.10the commissioner deems necessary and must be generally informed on the quality and
27.11strength of building materials, accepted building construction requirements, and the nature
27.12of equipment and needs conducive to the safety, comfort, and convenience of building
27.13occupants. No person may be designated as a building official for a municipality unless
27.14the commissioner determines that the official is qualified as provided in subdivision 3.
27.15    Subd. 3. Certification. The commissioner shall by rule establish certification
27.16criteria as proof of qualification pursuant to subdivision 2. The commissioner may:
27.17    (1) prepare and conduct develop and administer written and practical examinations
27.18to determine if a person is qualified pursuant to subdivision 2 to be a building official;
27.19    (2) accept documentation of successful completion of testing programs developed
27.20and administered by nationally recognized testing agencies, as proof of qualification
27.21pursuant to subdivision 2; or
27.22    (3) determine qualifications by both clauses (1) and (2) satisfactory completion of
27.23clause (2) and a mandatory training program developed or approved by the commissioner.
27.24    Upon a determination of qualification under clause (1), (2), or both of them (3),
27.25the commissioner shall issue a certificate to the building official stating that the official
27.26is certified. Each person applying for examination and certification pursuant to this
27.27section shall pay a nonrefundable fee of $70. The commissioner or a designee may
27.28establish categories of certification that will recognize the varying complexities of code
27.29enforcement in the municipalities within the state. The commissioner shall provide
27.30educational programs designed to train and assist building officials in carrying out their
27.31responsibilities.
27.32    The Department of Employee Relations may, at the request of the commissioner,
27.33provide statewide testing services.
27.34    Subd. 4. Duties. Building officials shall, in the municipality for which they
27.35are designated, be responsible for all aspects of code administration for which they
28.1are certified, including the issuance of all building permits and the inspection of all
28.2manufactured home installations. The commissioner may direct a municipality with
28.3a building official to perform services for another municipality, and in that event the
28.4municipality being served shall pay the municipality rendering the services the reasonable
28.5costs of the services. The costs may be subject to approval by the commissioner.
28.6    Subd. 5. Oversight committee. (a) The commissioner shall establish a Code
28.7Administration Oversight Committee to evaluate, mediate, and that will, at the
28.8commissioner's request, recommend to the commissioner any administrative action,
28.9penalty, suspension, or revocation with respect appropriate action pursuant to section
28.10326B.82, in response to complaints filed with or information received or obtained by the
28.11commissioner alleging or indicating that supports a finding that: (1) an individual has
28.12engaged in, or is about to engage in, the unauthorized performance of official the duties
28.13of a certified building official or the unauthorized use of the title certified building official,
28.14title; or a violation of (2) a certified building official has violated a statute, rule, stipulation,
28.15agreement, settlement, compliance agreement, cease and desist agreement, or order that
28.16the commissioner has adopted, issued, or is empowered has the authority to enforce and
28.17that is related to the duties of a certified building official.
28.18    (b) The committee consists shall consist of six members. One member shall be the
28.19commissioner's designee and five members shall be certified building officials, who are
28.20appointed by the commissioner. At least two of whom the appointed certified building
28.21officials must be from nonmetropolitan counties. For the committee members must be
28.22compensated according to who are not state officials or employees, their compensation
28.23and removal from the oversight committee is governed by section 15.059, subdivision 3.
28.24The commissioner's designee shall act as an ex-officio member of the oversight committee
28.25serve as the chair of the oversight committee and shall not vote. The terms of the appointed
28.26members of the oversight committee shall be four years. The terms of three of the
28.27appointed members shall be coterminous with the governor and the terms of the remaining
28.28two appointed members shall end on the first Monday in January one year after the terms
28.29of the other appointed members expire. An appointed member may be reappointed. The
28.30committee is not subject to the expiration provisions of section 15.059, subdivision 5.
28.31    (b) (c) If the commissioner has a reasonable basis to believe determines that
28.32a person an individual has engaged in an act or practice constituting the unauthorized
28.33performance of official the duties, of a certified building official or the unauthorized use
28.34of the title certified building official title, or that a violation of certified building official
28.35has violated a statute, rule, stipulation, agreement, settlement, compliance agreement,
28.36cease and desist agreement, or order that the commissioner has adopted, issued, or is
29.1empowered authorized to enforce that is related to the duties of a certified building official,
29.2the commissioner may proceed with take administrative actions or penalties as described
29.3in subdivision 5a or suspension or revocation as described in subdivision 5b. against the
29.4individual pursuant to section 326B.082, subdivisions 7 and 11.
29.5    Subd. 5a. Administrative action and penalties. The commissioner shall, by rule,
29.6establish a graduated schedule of administrative actions for violations of sections 16B.59
29.7to 16B.75 and rules adopted under those sections. The schedule must be based on and
29.8reflect the culpability, frequency, and severity of the violator's actions. The commissioner
29.9may impose a penalty from the schedule on a certification holder for a violation of sections
29.1016B.59 to 16B.75 and rules adopted under those sections. The penalty is in addition to
29.11any criminal penalty imposed for the same violation. Administrative monetary penalties
29.12imposed by the commissioner must be paid to the special revenue fund.
29.13    Subd. 5b. Suspension; revocation. Grounds. Except as otherwise provided for by
29.14law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue
29.15or reissue a building official certification if the applicant, building official, or certification
29.16holder: In addition to the grounds set forth in section 326B.082, subdivision 11, the
29.17commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or
29.18may censure an applicant or individual holding a certificate, if the applicant or individual:
29.19    (1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those
29.20sections; or
29.21    (2) engages in fraud, deceit, or misrepresentation while performing the duties of a
29.22certified building official;.
29.23    (3) makes a false statement in an application submitted to the commissioner or in a
29.24document required to be submitted to the commissioner; or
29.25    (4) violates an order of the commissioner.
29.26    Notice must be provided and the hearing conducted in accordance with the provisions
29.27of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or
29.28otherwise affects the authority of a municipality to dismiss or suspend a building official
29.29at its discretion, except as otherwise provided for by law.
29.30    Subd. 5c. Action against unlicensed persons. The commissioner may take any
29.31administrative action provided under section 326B.082, against an individual required
29.32to be certified under subdivision 3, based upon conduct that would provide grounds for
29.33action against a certificate holder under this section.
29.34    Subd. 6. Vacancies. In the event that a designated building official position is
29.35vacant within a municipality, that municipality shall designate a certified building official
30.1to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy
30.2or designation in writing within 15 days. If the municipality fails to designate a certified
30.3building official within 15 days of the occurrence of the vacancy, the state building official
30.4may provide state employees to serve that function as provided in subdivision 1 until the
30.5municipality makes a temporary or permanent designation. Municipalities must not issue
30.6permits without a designated certified building official.
30.7    Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the
30.8commissioner may by rule establish or approve continuing education programs for
30.9municipal certified building officials dealing with matters of building code administration,
30.10inspection, and enforcement.
30.11    Each person certified as a building official for the state must satisfactorily complete
30.12applicable educational programs established or approved by the commissioner every
30.13three calendar years to retain certification.
30.14    Each person certified as a building official must submit in writing to the
30.15commissioner an application for renewal of certification within 60 days of the last day of
30.16the third calendar year following the last certificate issued. Each application for renewal
30.17must be accompanied by proof of satisfactory completion of minimum continuing
30.18education requirements and the certification renewal fee established by the commissioner.
30.19    Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of
30.20labor and industry may by rule adopt standards dealing with renewal requirements.
30.21    (b) If the commissioner has not issued a notice of denial of application for a
30.22certificate holder and if the certificate holder has properly and timely filed a fully completed
30.23renewal application, then the certificate holder may continue to engage in building official
30.24activities whether or not the renewed certificate has been received. Applications must be
30.25made on a form approved by the commissioner. Each application for renewal must be
30.26fully completed, and be accompanied by proof of the satisfactory completion of minimum
30.27continuing education requirements and the certification renewal fee established by the
30.28commissioner. Applications are timely if received prior to the expiration of the most
30.29recently issued certificate. An application for renewal that does not contain all of the
30.30information requested is an incomplete application and will not be accepted.
30.31    Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the
30.32date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
30.33    Subd. 10. Failure to renew. An individual who has failed to make a timely
30.34application for renewal of a certificate is not certified and must not serve as the designated
31.1building official for any municipality until a renewed certificate has been issued by the
31.2commissioner.
31.3EFFECTIVE DATE.This section is effective July 1, 2007.

31.4    Sec. 12. Minnesota Statutes 2006, section 16B.70, is amended to read:
31.516B.70 SURCHARGE.
31.6    Subdivision 1. Computation. To defray the costs of administering sections
31.716B.59 to 16B.76, a surcharge is imposed on all permits issued by municipalities in
31.8connection with the construction of or addition or alteration to buildings and equipment or
31.9appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
31.10receipts to award grants for code research and development and education.
31.11    If the fee for the permit issued is fixed in amount the surcharge is equivalent to
31.12one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other
31.13permits, the surcharge is as follows:
31.14    (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
31.15surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
31.16or alteration;
31.17    (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
31.18mill (.0004) of the value between $1,000,000 and $2,000,000;
31.19    (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
31.20mill (.0003) of the value between $2,000,000 and $3,000,000;
31.21    (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
31.22mill (.0002) of the value between $3,000,000 and $4,000,000;
31.23    (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
31.24mill (.0001) of the value between $4,000,000 and $5,000,000; and
31.25    (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
31.26mill (.00005) of the value that exceeds $5,000,000.
31.27    Subd. 2. Collection and reports. All permit surcharges must be collected by each
31.28municipality and a portion of them remitted to the state. Each municipality having a
31.29population greater than 20,000 people shall prepare and submit to the commissioner once
31.30a month a report of fees and surcharges on fees collected during the previous month
31.31but shall retain the greater of two percent or that amount collected up to $25 to apply
31.32against the administrative expenses the municipality incurs in collecting the surcharges.
31.33All other municipalities shall submit the report and surcharges on fees once a quarter
31.34but shall retain the greater of four percent or that amount collected up to $25 to apply
31.35against the administrative expenses the municipalities incur in collecting the surcharges.
32.1The report, which must be in a form prescribed by the commissioner, must be submitted
32.2together with a remittance covering the surcharges collected by the 15th day following
32.3the month or quarter in which the surcharges are collected. All money collected by the
32.4commissioner through surcharges and other fees prescribed by sections 16B.59 to 16B.75
32.5shall be deposited in the state government special revenue fund and is appropriated to the
32.6commissioner for the purpose of administering and enforcing the State Building Code
32.7under sections 16B.59 to 16B.75.
32.8    Subd. 3. Revenue to equal costs. Revenue received from the surcharge imposed
32.9in subdivision 1 should approximately equal the cost, including the overhead cost, of
32.10administering sections 16B.59 to 16B.75. By November 30 each year, the commissioner
32.11must report to the commissioner of finance and to the legislature on changes in the
32.12surcharge imposed in subdivision 1 needed to comply with this policy. In making this
32.13report, the commissioner must assume that the services associated with administering
32.14sections 16B.59 to 16B.75 will continue to be provided at the same level provided during
32.15the fiscal year in which the report is made.
32.16EFFECTIVE DATE.This section is effective July 1, 2007.

32.17    Sec. 13. Minnesota Statutes 2006, section 16B.72, is amended to read:
32.1816B.72 REFERENDA ON STATE BUILDING CODE IN
32.19NONMETROPOLITAN COUNTIES.
32.20    Notwithstanding any other provision of law to the contrary, a county that is not a
32.21metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote
32.22of the majority of its electors residing outside of municipalities that have adopted the State
32.23Building Code before January 1, 1977, that no part of the State Building Code except the
32.24building requirements for disabled persons with disabilities, the requirements for bleacher
32.25safety, and the requirements for elevator safety applies within its jurisdiction.
32.26    The county board may submit to the voters at a regular or special election the
32.27question of adopting the building code. The county board shall submit the question to
32.28the voters if it receives a petition for the question signed by a number of voters equal
32.29to at least five percent of those voting in the last general election. The question on the
32.30ballot must be stated substantially as follows:
32.31    "Shall the State Building Code be adopted in .......... County?"
32.32    If the majority of the votes cast on the proposition is in the negative, the State
32.33Building Code does not apply in the subject county, outside home rule charter or statutory
32.34cities or towns that adopted the building code before January 1, 1977, except the building
33.1requirements for disabled persons with disabilities, the requirements for bleacher safety,
33.2and the requirements for elevator safety do apply.
33.3    Nothing in this section precludes a municipality or town that has not adopted the
33.4State Building Code from adopting and enforcing by ordinance or other legal means the
33.5State Building Code within its jurisdiction.

33.6    Sec. 14. Minnesota Statutes 2006, section 16B.73, is amended to read:
33.716B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
33.8LOCAL OPTION.
33.9    The governing body of a municipality whose population is less than 2,500 may
33.10provide that the State Building Code, except the requirements for disabled persons with
33.11disabilities, the requirements for bleacher safety, and the requirements for elevator
33.12safety, will not apply within the jurisdiction of the municipality, if the municipality is
33.13located in whole or in part within a county exempted from its application under section
33.1416B.72 . If more than one municipality has jurisdiction over an area, the State Building
33.15Code continues to apply unless all municipalities having jurisdiction over the area have
33.16provided that the State Building Code, except the requirements for disabled persons with
33.17disabilities, the requirements for bleacher safety, and the requirements for elevator safety,
33.18does not apply within their respective jurisdictions. Nothing in this section precludes a
33.19municipality or town from adopting and enforcing by ordinance or other legal means the
33.20State Building Code within its jurisdiction.

33.21    Sec. 15. Minnesota Statutes 2006, section 16B.735, is amended to read:
33.2216B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED
33.23PERSONS WITH DISABILITIES.
33.24    A statutory or home rule charter city that is not covered by the State Building Code
33.25because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in
33.26the city of the State Building Code's requirements for disabled persons with disabilities. In
33.27all other areas where the State Building Code does not apply because of action taken under
33.28section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements.

33.29    Sec. 16. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
33.30    Subdivision 1. Applicability. As used in For the purposes of sections 16B.61,
33.3116B.72, 16B.73, and 16B.74 to 16B.746 16B.748 the terms "passenger or freight elevator,"
33.32"automatic operation" and "continuous pressure operation" defined in this section shall
33.33have the following meanings given them.
33.34EFFECTIVE DATE.This section is effective the day following final enactment.

33.35    Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
34.1    Subd. 2. Passenger or freight elevator. "Passenger or freight elevator" means
34.2all elevators except those that comply with the safety rules of the department of
34.3Administration relating to construction and installation and that have automatic operation
34.4or continuous pressure operation.

34.5    Sec. 18. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
34.6to read:
34.7    Subd. 7. Elevator inspection. "Elevator inspection" means an examination of
34.8elevator installations, repairs, alterations, removal, and construction for compliance with
34.9the State Building Code that may include witnessing tests performed on elevators by
34.10elevator personnel, performing tests on elevators, or an audit of records related to routine
34.11and periodic maintenance and testing, or any combination thereof when performed by the
34.12department or a municipality authorized to perform such inspections.
34.13EFFECTIVE DATE.This section is effective the day following final enactment.

34.14    Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
34.15to read:
34.16    Subd. 8. Elevator inspector. "Elevator inspector" means an individual who meets
34.17the requirements established pursuant to section 16B.748, clause (1), who is performing
34.18elevator inspections for the department or a municipality authorized to perform such
34.19inspections.
34.20EFFECTIVE DATE.This section is effective the day following final enactment.

34.21    Sec. 20. Minnesota Statutes 2006, section 16B.741, is amended to read:
34.2216B.741 ELEVATOR AVAILABLE FOR INSPECTION AND REPORTING.
34.23    Subdivision 1. Elevator available for inspection. A person, firm, entity, or
34.24corporation that owns or controls a building or other structure housing an elevator that is
34.25subject to inspection by the department, shall, upon request, provide access at a reasonable
34.26hour to the elevator for purposes of inspection.
34.27    Subd. 2. Persons required to report. The following persons shall report the
34.28information specified in subdivision 3 to the commissioner by January 1, 2008:
34.29    (a) any person that, between August 1, 2005, and July 31, 2007, has provided
34.30service, alteration, repair, or maintenance to any elevator located in Minnesota;
34.31    (b) any person that, between August 1, 2005, and July 31, 2007, has entered into an
34.32agreement to provide service, alteration, repair, or maintenance to any elevator located
34.33in Minnesota;
35.1    (c) any person that owns or controls an elevator located in Minnesota that, between
35.2August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or
35.3maintenance on the elevator; or
35.4    (d) any person that owns or controls an elevator located in Minnesota that, between
35.5August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service,
35.6alteration, repair, or maintenance on the elevator.
35.7    Subd. 3. Elevator location, type, and installation date. On a form prescribed by
35.8the commissioner, the persons required to report pursuant to subdivision 2 shall provide
35.9the following:
35.10    (a) the location of each elevator;
35.11    (b) the type of each elevator; and
35.12    (c) the date the elevator was installed.
35.13    Subd. 4. Definition. As used in this section, "elevator" is as defined in section
35.1416B.74, subdivision 5.
35.15EFFECTIVE DATE.This section is effective the day following final enactment.

35.16    Sec. 21. Minnesota Statutes 2006, section 16B.744, is amended to read:
35.1716B.744 ELEVATORS, ENTRANCES SEALED.
35.18    It shall be the duty of the department of Administration and the licensing authority
35.19of any municipality which adopts any such ordinance whenever it finds any such elevator
35.20under its jurisdiction in use in violation of any provision of sections 16B.74 to 16B.745 to
35.21seal the entrances of such elevator and attach a notice forbidding the use of such elevator
35.22until the provisions thereof are complied with.

35.23    Sec. 22. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:
35.24    Subdivision 1. Removal of seal. No person, firm, or corporation may remove any
35.25seal or notice forbidding the use of an elevator, except by authority of the department of
35.26Administration or the licensing authority having jurisdiction over the elevator, or operate
35.27an elevator after a notice has been attached forbidding its use, unless the notice has been
35.28removed by authority of the department of Administration or the licensing authority
35.29having jurisdiction over the elevator.

35.30    Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:
35.31    Subd. 4. Penalties. The commissioner of administration shall administer sections
35.3216B.74 to 16B.749. In addition to the remedies provided for violations of this chapter,
35.33the commissioner may impose a penalty of up to $1,000 $10,000 for a violation of any
35.34provision of sections 16B.74 to 16B.749.

36.1    Sec. 24. Minnesota Statutes 2006, section 16B.747, is amended to read:
36.216B.747 FEES FOR LICENSURE AND INSPECTION PERMIT.
36.3    Subdivision 1. Permits. No person, firm, or corporation may construct, install, alter,
36.4or remove an elevator without first filing an application for a permit with the department
36.5of Administration or a municipality authorized by subdivision 3 to inspect elevators.
36.6Upon successfully completing inspection and the payment of the appropriate fee, the
36.7owner must be granted an operating permit for the elevator.
36.8    Subd. 1a. Annual operating permit. No person may operate an elevator without
36.9first obtaining an annual operating permit from the department or a municipality
36.10authorized by subdivision 3 to issue annual operating permits. A $100 annual operating
36.11permit fee must be paid to the department for each annual operating permit issued by the
36.12department, except that the original annual operating permit must be included in the
36.13permit fee for the initial installation of the elevator. Annual operating permits must be
36.14issued at 12-month intervals from the date of the initial annual operating permit. For each
36.15subsequent year, an owner must be granted an annual operating permit for the elevator
36.16upon the owner's or owner's agent's submission of a form prescribed by the commissioner
36.17and payment of the $100 fee. Each form must include the location of the elevator, the
36.18results of any periodic test required by the code, and any other criteria established by rule.
36.19An annual operating permit may be revoked by the commissioner upon an audit of the
36.20periodic testing results submitted with the application or a failure to comply with elevator
36.21code requirements, inspections, or any other law related to elevators.
36.22    Subd. 2. Contractor licenses. The commissioner may establish criteria for the
36.23qualifications of elevator contractors and issue licenses based upon proof of the applicant's
36.24qualifications.
36.25    Subd. 3. Permissive municipal regulation. A municipality may conduct a system
36.26of elevator inspection in conformity with this chapter, State Building Code requirements,
36.27and adopted rules that includes the inspection of elevator installation, repair, alteration,
36.28and removal, construction, and the routine and periodic inspection and testing of existing
36.29elevators, and the issuance of annual operating permits. The municipality shall employ
36.30inspectors meeting the minimum requirements established by Minnesota Rules to perform
36.31the inspections and to witness the tests. A municipality may establish and retain its own
36.32fees for inspection of elevators and related devices in its jurisdiction. A municipality may
36.33establish and retain its own fees for issuance of annual operating permits for elevators
36.34in its jurisdiction. A municipality may not adopt standards that do not conform to the
36.35uniform standards prescribed by the department.
37.1    If the commissioner determines that a municipality is not properly administering
37.2and enforcing the law, rules, and codes, the commissioner shall have the inspection,
37.3administration, and enforcement undertaken by a qualified inspector employed by the
37.4department.
37.5    Subd. 4. Deposit of fees. Fees received under this section must be deposited in the
37.6state treasury and credited to the special revenue fund.
37.7EFFECTIVE DATE.This section is effective July 1, 2007.

37.8    Sec. 25. Minnesota Statutes 2006, section 16B.748, is amended to read:
37.916B.748 RULES.
37.10    The commissioner may adopt rules for the following purposes:
37.11    (1) to establish minimum qualifications for elevator inspectors that must include
37.12possession of a current elevator constructor electrician's license issued by the State Board
37.13of Electricity department and proof of successful completion of the national elevator
37.14industry education program examination or equivalent experience;
37.15    (2) to establish minimum qualifications for limited elevator inspectors;
37.16    (2) (3) to establish criteria for the qualifications of elevator contractors;
37.17    (3) (4) to establish elevator standards under sections 16B.61, subdivisions 1 and
37.182 , and 16B.64;
37.19    (4) (5) to establish procedures for appeals of decisions of the commissioner under
37.20chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
37.21advice from the elevator trade, building owners or managers, and others knowledgeable in
37.22the installation, construction, and repair of elevators; and
37.23    (5) (6) to establish requirements for the registration of all elevators.
37.24EFFECTIVE DATE.This section is effective the day following final enactment.

37.25    Sec. 26. Minnesota Statutes 2006, section 16B.76, is amended to read:
37.2616B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
37.27    Subdivision 1. Membership. (a) The Construction Codes Advisory Council
37.28consists of the following members:
37.29    (1) the commissioner of administration or the commissioner's designee representing
37.30the department's Building Codes and Standards Construction Codes and Licensing
37.31Division;
37.32    (2) the commissioner of health or the commissioner's designee representing an
37.33Environmental Health Section of the department;
38.1    (3) (2) the commissioner of public safety or the commissioner's commissioner of
38.2public safety's designee representing the department's Department of Public Safety's State
38.3Fire Marshal Division;
38.4    (4) the commissioner of commerce or the commissioner's designee representing
38.5the department's State Energy Office; and
38.6    (5) (3) one member representing, appointed by the commissioner, engaged in each
38.7of the following occupations or entities, appointed by the commissioner of administration
38.8or industries:
38.9    (i) a certified building official officials;
38.10    (ii) a fire service representative chiefs or fire marshals;
38.11    (iii) a licensed architect architects;
38.12    (iv) a licensed engineer professional engineers;
38.13    (v) a building owners and managers representative commercial building owners
38.14and managers;
38.15    (vi) a the licensed residential building contractor industry;
38.16    (vii) a the commercial building contractor industry;
38.17    (viii) a the heating and ventilation contractor industry;
38.18    (ix) a member of the Plumbing contractor Board;
38.19    (x) a representative of a construction and building trades union; and member of
38.20the Board of Electricity;
38.21    (xi) a local unit of government representative. (xi) a member of the Board of High
38.22Pressure Piping Systems;
38.23    (xii) the boiler industry;
38.24    (xiii) the manufactured housing industry;
38.25    (xiv) public utility suppliers;
38.26    (xv) the Minnesota Building and Construction Trades Council; and
38.27    (xvi) local units of government.
38.28    (b) The commissioner or the commissioner's designee representing the department's
38.29Construction Codes and Licensing Division shall serve as chair of the advisory council.
38.30For members who are not state officials or employees, terms, compensation, and removal,
38.31and the filling of vacancies of members of the advisory council are governed by section
38.3215.059 . The council shall select one of its members to serve as chair. The terms of the
38.33members of the advisory council shall be four years. The terms of eight of the appointed
38.34members shall be coterminous with the governor and the terms of the remaining nine
38.35appointed members shall end on the first Monday in January one year after the terms of
38.36the other appointed members expire. An appointed member may be reappointed. Each
39.1council member shall appoint an alternate to serve in their absence. The committee is not
39.2subject to the expiration provision of section 15.059, subdivision 5.
39.3    (c) The council expires June 30, 2003.
39.4    Subd. 2. Duties of council. The council shall review laws, codes, rules, standards,
39.5and licensing requirements relating to building construction and may:
39.6    (1) recommend ways to eliminate inconsistencies, to streamline construction
39.7regulation and construction processes procedures, and to improve procedures within
39.8and among jurisdictions;
39.9    (2) review and comment on current and proposed laws and rules to promote
39.10coordination and consistency;
39.11    (3) advise agencies on possible changes in rules to make them easier to understand
39.12and apply; and
39.13    (4) promote the coordination, within each jurisdiction, of the administration and
39.14enforcement of construction codes.
39.15    The council shall meet a minimum of four times each year. The council shall
39.16report its findings and recommendations to the commissioner of administration and
39.17the head of any other affected agency by the end of each calendar year. The council
39.18may shall recommend changes in laws or rules governing building construction. The
39.19council may shall establish subcommittees to facilitate its work. If the council establishes
39.20subcommittees, it shall include in their memberships representation from entities and
39.21organizations expressing an interest in membership. The commissioner of administration
39.22shall maintain a list of interested entities and organizations.
39.23    Subd. 3. Agency cooperation. State agencies and local governmental units shall
39.24cooperate with the council and, so far as possible, provide information or assistance to
39.25it upon its request. The commissioner of administration shall provide necessary staff
39.26and administrative support to the council.

39.27    Sec. 27. Minnesota Statutes 2006, section 326.992, is amended to read:
39.28326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
39.29    (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
39.30fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for
39.31all work entered into within the state. The bond must be for the benefit of persons suffering
39.32financial loss by reason of the contractor's failure to comply with the requirements of the
39.33State Mechanical Code. A bond given to the state must be filed with the commissioner
39.34of administration and is in lieu of all other bonds to any political subdivision required for
40.1work covered by this section. The bond must be written by a corporate surety licensed to
40.2do business in the state.
40.3    (b) The commissioner of administration may charge each person giving bond under
40.4this section an annual bond filing fee of $15. The money must be deposited in a special
40.5revenue fund and is appropriated to the commissioner to cover the cost of administering
40.6the bond program.
40.7EFFECTIVE DATE.This section is effective July 1, 2007.

40.8    Sec. 28. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:
40.9    Subd. 2. Authorized representative. "Authorized representative" means any
40.10person, firm or corporation, or employee thereof, approved or hired by the commissioner
40.11of labor and industry to perform inspection services.

40.12    Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:
40.13    Subd. 3. Manufactured Home Building Code. "Manufactured Home Building
40.14Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June
40.1515, 1976, the standards code promulgated by the American National Standards Institute
40.16and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971,
40.17or the provisions of the National Fire Protection Association and identified as NFPA 501B,
40.18and further revisions adopted by the commissioner of labor and industry.
40.19    "Manufactured Home Building Code" means, for manufactured homes constructed
40.20after June 14, 1976, the manufactured home construction and safety standards promulgated
40.21by the United States Department of Housing and Urban Development which are in effect
40.22at the time of the manufactured home's manufacture.

40.23    Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:
40.24    Subd. 4. Commissioner. "Commissioner" means the commissioner of
40.25administration labor and industry.

40.26    Sec. 31. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision
40.27to read:
40.28    Subd. 6a. Individual. "Individual" means a human being.

40.29    Sec. 32. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:
40.30    Subd. 7. Person. "Person" means a person, partnership, corporation or other legal
40.31entity any individual, limited liability company, corporation, partnership, incorporated
40.32or unincorporated association, sole proprietorship, joint stock company, or any other
40.33legal or commercial entity.

40.34    Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:
41.1    Subd. 15. Purchaser. "Purchaser" means the first person individual purchasing a
41.2manufactured home in good faith for purposes other than resale.

41.3    Sec. 34. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:
41.4    Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer
41.5shall establish and maintain records, make reports, and provide information as the
41.6commissioner or the secretary may reasonably require to be able to determine whether
41.7the manufacturer, distributor, or dealer has acted or is acting in compliance with sections
41.8327.31 to 327.35, and shall, upon request of a person duly designated by the commissioner
41.9or the secretary, permit that person to inspect appropriate books, papers, records, and
41.10documents relevant to determining whether that manufacturer, distributor, or dealer
41.11has acted or is acting in compliance with sections 327.31 to 327.35, and the National
41.12Manufactured Home Construction and Safety Standards Act of 1974, United States
41.13Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing
41.14Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement
41.15Act of 2000, or other applicable federal or state law.

41.16    Sec. 35. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
41.17    Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
41.18installation seals and inspections which are sufficient to cover all costs incurred in the
41.19administration of sections 327.31 to 327.35. The commissioner shall also establish by
41.20rule a monitoring inspection fee in an amount that will comply with the secretary's fee
41.21distribution program. This monitoring inspection fee shall be an amount paid by the
41.22manufacturer for each manufactured home produced in Minnesota. The monitoring
41.23inspection fee shall be paid by the manufacturer to the secretary. The rules of the
41.24fee distribution program require the secretary to distribute the fees collected from all
41.25manufactured home manufacturers among states approved and conditionally approved
41.26based on the number of new manufactured homes whose first location after leaving the
41.27manufacturer is on the premises of a distributor, dealer or purchaser in that state. All
41.28money collected by the commissioner through fees prescribed by sections 327.31 to
41.29327.36 shall be deposited in the state government special revenue fund and is appropriated
41.30to the commissioner for the purpose of administering and enforcing the Manufactured
41.31Home Building Code under sections 327.31 to 327.36.
41.32EFFECTIVE DATE.This section is effective July 1, 2007.

41.33    Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
41.34    Subd. 6. Authorization as agency. The commissioner shall apply to the secretary
41.35for approval of the commissioner as the administrative agency for the regulation of
42.1manufactured homes under the rules of the secretary. The commissioner may make
42.2rules for the administration and enforcement of department responsibilities as a state
42.3administrative agency including, but not limited to, rules for the handling of citizen's
42.4complaints. All money received for services provided by the commissioner or the
42.5department's authorized agents as a state administrative agency shall be deposited in
42.6the general construction code fund. The commissioner is charged with the adoption,
42.7administration, and enforcement of the Manufactured Home Construction and Safety
42.8Standards, consistent with rules and regulations promulgated by the United States
42.9Department of Housing and Urban Development. The commissioner may adopt the
42.10rules, codes, and standards necessary to enforce the standards promulgated under this
42.11section. The commissioner is authorized to conduct hearings and presentations of views
42.12consistent with regulations adopted by the United States Department of Housing and
42.13Urban Development and to adopt rules in order to carry out this function.
42.14EFFECTIVE DATE.This section is effective July 1, 2007.

42.15    Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:
42.16    Subd. 7. Employees. The commissioner may appoint such employees within
42.17the Department of Administration Labor and Industry as deemed necessary for the
42.18administration of sections 327.31 to 327.35.

42.19    Sec. 38. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:
42.20    Subd. 3. Removal of seals. Manufactured home seals remain the property of
42.21the Department of Administration Labor and Industry and may be removed by the
42.22commissioner from any manufactured home which is in violation of the Manufactured
42.23Home Building Code.

42.24    Sec. 39. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:
42.25    Subdivision 1. Civil Monetary penalty. Notwithstanding the penalty amount of
42.26section 326B.082, subdivisions 7 and 12, any person who violates any provision of this
42.27section is liable to the state of Minnesota for a civil monetary penalty of not to exceed
42.28$1,000 for each offense violation. Each violation involving a separate manufactured home
42.29or involving a separate failure or refusal to allow or perform any act required by this
42.30section constitutes a separate offense violation, except that the maximum civil monetary
42.31penalties for any related series of violations occurring within one year from the date of the
42.32first violation may not exceed $1,000,000.

42.33    Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:
42.34    Subd. 2. Willful violations. Any individual or a director, officer, or agent of a
42.35corporation who knowingly and willfully violates any provision of this section in a manner
43.1which threatens the health or safety of any purchaser shall be fined not more than $3,000
43.2or imprisoned not more than one year, or both guilty of a gross misdemeanor.

43.3    Sec. 41. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:
43.4    Subd. 4. Commissioner. "Commissioner" means the commissioner of
43.5administration labor and industry.

43.6    Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:
43.7    Subd. 5. Consumer customer. "Consumer customer" means any natural person
43.8individual who, primarily for personal, household or family purposes, buys, sells, or seeks
43.9to buy or sell, a manufactured home from, to or through a dealer or manufacturer.

43.10    Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:
43.11    Subd. 7. Dealer or retailer. "Dealer" or "retailer" means any person who engages
43.12in the business, either exclusively or in addition to any other occupation, of selling or
43.13brokering manufactured homes, new or used, or who offers to sell, solicit, broker or
43.14advertise the sale of manufactured homes, new or used.

43.15    Sec. 44. Minnesota Statutes 2006, section 327B.01, is amended by adding a
43.16subdivision to read:
43.17    Subd. 10a. Individual. "Individual" means a human being.

43.18    Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a
43.19subdivision to read:
43.20    Subd. 11a. Licensee. "Licensee" means a person who is licensed as a dealer, limited
43.21dealer, or manufacturer by the Department of Labor and Industry.

43.22    Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a
43.23subdivision to read:
43.24    Subd. 11b. Limited dealer or limited retailer. "Limited dealer" or "limited
43.25retailer" means any person who is an owner of a manufactured home park authorized, as
43.26principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale
43.27of used manufactured homes located in the owned manufactured home park, who is the
43.28title holder and engages in no more than ten sales annually.

43.29    Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a
43.30subdivision to read:
43.31    Subd. 14a. Manufacturing facility. "Manufacturing facility" means the physical
43.32site where a manufacturer engages in the business of manufacture, assembly, or production
43.33of manufactured homes.

44.1    Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a
44.2subdivision to read:
44.3    Subd. 16a. Owner. "Owner" means any person holding title to a manufactured
44.4home park or manufactured homes.

44.5    Sec. 49. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:
44.6    Subd. 17. Person. "Person" means any individual, limited liability company,
44.7corporation, firm, partnership, incorporated and unincorporated association, sole
44.8proprietorship, joint stock company, or any other legal or commercial entity.

44.9    Sec. 50. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:
44.10    Subdivision 1. License and, bond, and liability insurance required. No person
44.11shall act as a dealer in manufactured homes, new or used, without a license and, a surety
44.12bond, and liability insurance as provided in this section. No person shall manufacture
44.13manufactured homes without a license and for each manufacturing facility shipping into or
44.14located within Minnesota's boundaries, a surety bond, and liability insurance as provided
44.15in this section. The licensing and bonding requirements of this section do not apply to
44.16any bank, savings bank, savings association, or credit union, chartered by either this state
44.17or the federal government, which acts as a dealer only by repossessing manufactured
44.18homes and then offering the homes for resale.

44.19    Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:
44.20    Subd. 4. License prerequisites. No application shall be granted nor license issued
44.21until the applicant proves to the commissioner that:
44.22    (a) the applicant has a permanent, established place of business at each licensed
44.23location. An "established place of business" means a permanent enclosed building other
44.24than a residence, or a commercial office space, either owned by the applicant or leased by
44.25the applicant for a term of at least one year, located in an area where zoning regulations
44.26allow commercial activity, and where the books, records and files necessary to conduct
44.27the business are kept and maintained. The owner of a licensed manufactured home park
44.28who resides in or adjacent to the park may use the residence as the established place of
44.29business required by this subdivision, unless prohibited by local zoning ordinance.
44.30    If a license is granted, the licensee may use unimproved lots and premises for sale,
44.31storage, and display of manufactured homes, if the licensee first notifies the commissioner
44.32in writing;
44.33    (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
44.34homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
44.35of the new manufactured home it proposes to deal in;
45.1    (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the
45.2agency and each subagency location that bears the applicant's name and the name under
45.3which the applicant will be licensed and do business in this state. Each bond is for the
45.4protection of consumer customers, and must be executed by the applicant as principal and
45.5issued by a surety company admitted to do business in this state. The Each bond shall be
45.6exclusively for the purpose of reimbursing consumer customers and shall be conditioned
45.7upon the faithful compliance by the applicant with all of the laws and rules of this state
45.8pertaining to the applicant's business as a dealer or manufacturer, including sections
45.9325D.44 , 325F.67 and 325F.69, and upon the applicant's faithful performance of all its
45.10legal obligations to consumer customers; and (2) a certificate of liability insurance in the
45.11amount of $1,000,000 that provides coverage for the agency and each subagency location;
45.12    (d) the applicant has established a trust account as required by section 327B.08,
45.13subdivision 3 , unless the applicant states in writing its intention to limit its business to
45.14selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
45.15    (e) the applicant has provided evidence of having had at least two years' prior
45.16experience in the sale of manufactured homes, working for a licensed dealer.

45.17    Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:
45.18    Subd. 6. Certificate of license. For each license granted the commissioner shall
45.19issue a certificate which includes the name of the licensee, the name of the surety company
45.20and the amount of the surety bond, and the insurance underwriter and policy number, the
45.21names and addresses of any related principal or subagencies, and a license number.

45.22    Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
45.23    Subd. 7. Fees; licenses; when granted. Each application for a license or license
45.24renewal must be accompanied by a fee in an amount established by the commissioner
45.25by rule pursuant to section 327B.10. The fees shall be set in an amount which over
45.26the fiscal biennium will produce revenues approximately equal to the expenses which
45.27the commissioner expects to incur during that fiscal biennium while administering and
45.28enforcing sections 327B.01 to 327B.12. All money collected by the commissioner
45.29through fees prescribed in sections 327B.01 to 327B.12 shall be deposited in the state
45.30government special revenue fund and is appropriated to the commissioner for purposes of
45.31administering and enforcing the provisions of this chapter. The commissioner shall grant
45.32or deny a license application or a renewal application within 60 days of its filing. If the
45.33license is granted, the commissioner shall license the applicant as a dealer or manufacturer
45.34for the remainder of the calendar year. Upon application by the licensee, the commissioner
45.35shall renew the license for a two year period, if:
45.36    (a) the renewal application satisfies the requirements of subdivisions 3 and 4;
46.1    (b) the renewal applicant has made all listings, registrations, notices and reports
46.2required by the commissioner during the preceding year; and
46.3    (c) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
46.4327B.12 and all taxes, arrearages, and penalties owed to the state.
46.5EFFECTIVE DATE.This section is effective July 1, 2007.

46.6    Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:
46.7    Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's
46.8license to an owner of a manufactured home park authorizing the licensee as principal
46.9only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
46.10manufactured homes located in the owned manufactured home park. The licensee must
46.11be the title holder of the homes and may engage in no more than ten sales annually. An
46.12owner may, upon payment of the applicable fee and compliance with this subdivision,
46.13obtain a separate license for each owned manufactured home park and is entitled to sell up
46.14to ten homes per license provided that only one limited dealer license may be issued for
46.15each park. The license shall be issued after:
46.16    (1) receipt of an application on forms provided by the commissioner containing
46.17the following information:
46.18    (i) the identity of the applicant;
46.19    (ii) the name under which the applicant will be licensed and do business in this state;
46.20    (iii) the name and address of the owned manufactured home park, including a copy
46.21of the park license, serving as the basis for the issuance of the license; and
46.22    (iv) the name, home, and business address of the applicant;
46.23    (v) the name, address, and telephone number of one individual that is designated
46.24by the applicant to receive all communications and cooperate with all inspections and
46.25investigations of the commissioner pertaining to the sale of manufactured homes in the
46.26manufactured home park owned by the applicant;
46.27    (vi) whether the applicant or its designated individual has been convicted of a crime
46.28within the previous ten years that is either related directly to the business for which the
46.29license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
46.30judgment in a civil action involving fraud, misrepresentation, or conversion within the
46.31previous five years or has had any government license or permit suspended or revoked
46.32as a result of an action brought by a federal or state governmental agency in this or any
46.33other state within the last five years; and
47.1    (vii) the applicant's qualifications and business history, including whether the
47.2applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
47.3any unsatisfied court judgments outstanding against it or them;
47.4    (2) payment of a $100 annual fee; and
47.5    (3) provision of a surety bond in the amount of $5,000. A separate surety bond
47.6must be provided for each limited license.
47.7    The applicant need not comply with section 327B.04, subdivision 4, paragraph (e).
47.8The holding of a limited dealer's license does not satisfy the requirement contained in
47.9section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect
47.10to obtaining a dealer license. The commissioner may, upon application for a renewal of
47.11a license, require only a verification that copies of sales documents have been retained
47.12and payment of a $100 renewal fee. "Sales documents" mean only the safety feature
47.13disclosure form defined in section 327C.07, subdivision 3a, title of the home, financing
47.14agreements, and purchase agreements.
47.15    The license holder shall, upon request of the commissioner, make available for
47.16inspection during business hours sales documents required to be retained under this
47.17subdivision.

47.18    Sec. 55. Minnesota Statutes 2006, section 327B.04, is amended by adding a
47.19subdivision to read:
47.20    Subd. 8a. Service. Service of a document on a limited dealer licensed under this
47.21section may be effected by mail to or by personal service on: (1) the licensee at the
47.22licensee's last known address; or (2) the individual designated by the licensee at that
47.23individual's last known address.

47.24    Sec. 56. [327B.042] NOTICE TO COMMISSIONER.
47.25    Subdivision 1. Notification. A person licensed as a dealer, limited dealer, or
47.26manufacturer shall notify the commissioner of the occurrence of any of the events in
47.27subdivisions 2 to 5.
47.28    Subd. 2. Change in application information. A licensee shall notify the
47.29commissioner in writing within ten days of the change of any change in information
47.30contained in the most recent license application on file with the commissioner, which
47.31shall include any change in the information pertaining to the individual designated under
47.32section 327B.04, subdivision 8, clause (1), item (vi).
47.33    Subd. 3. Civil judgment. A licensee shall notify the commissioner in writing
47.34within ten days of any decision of a court regarding a proceeding in which the licensee
48.1was named as a defendant, and in which fraud, misrepresentation, or the conversion of
48.2funds was found to have been committed by the licensee.
48.3    Subd. 4. Disciplinary action in another state. A licensee shall notify the
48.4commissioner in writing within ten days of the condition, reprimand, censure, limitation,
48.5suspension, or revocation of any other professional or occupational license, registration,
48.6permit, or certificate held by the licensee in this or any other state, or any other United
48.7States jurisdiction.
48.8    Subd. 5. Criminal offense. A licensee shall notify the commissioner in
48.9writing within ten days if the licensee is found guilty of a felony, gross misdemeanor,
48.10misdemeanor, or any comparable offense related to manufactured home sales, improper
48.11business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer
48.12laws in this or any other state, or any other United States jurisdiction.

48.13    Sec. 57. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:
48.14    Subdivision 1. Grounds. In addition to the grounds in section 326B.082,
48.15subdivision 11, the commissioner may by order deny, suspend, limit, place conditions
48.16on, or revoke any the application or license on finding (1) that the order is in the public
48.17interest and (2) that the of any applicant or licensee or any of its directors, officers, limited
48.18or general partners, controlling shareholders, or affiliates for any of the following grounds:
48.19    (a) has filed an application for a license or a license renewal which fails to disclose
48.20any material information or contains any statement which is false or misleading with
48.21respect to any material fact;
48.22    (b) (a) has violated any of the provisions of sections 327B.01 to 327B.12 or any
48.23rule or order issued by the commissioner or any prior law providing for the licensing of
48.24manufactured home dealers or manufacturers;
48.25    (c) (b) has had a previous manufacturer or dealer license revoked in this or any
48.26other state;
48.27    (d) (c) has engaged in acts or omissions which have been adjudicated or amount to a
48.28violation of any of the provisions of section 325D.44, 325F.67 or 325F.69;
48.29    (e) (d) has sold or brokered the sale of a home containing a material violation of
48.30sections 327.31 to 327.35 about which the dealer knew or which should have been obvious
48.31to a reasonably prudent dealer;
48.32    (f) (e) has failed to make or provide all listings, notices and reports required by
48.33the commissioner;
48.34    (g) (f) has failed to pay a civil penalty assessed under subdivision 5 within ten
48.35days after the assessment becomes final;
49.1    (h) (g) has failed to pay to the commissioner or other responsible government agency
49.2all taxes, fees and arrearages due;
49.3    (i) (h) has failed to duly apply for license renewal;
49.4    (j) (i) has violated any applicable manufactured home building or safety code;
49.5    (k) (j) has failed or refused to honor any express or implied warranty as provided
49.6in section 327B.03;
49.7    (l) (k) has failed to continuously occupy a permanent, established place of business
49.8licensed under section 327B.04;
49.9    (m) (l) has, without first notifying the commissioner, sold a new and unused
49.10manufactured home other than the make of manufactured home described in a franchise or
49.11contract filed with the application for license or license renewal;
49.12    (n) (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;
49.13    (o) (n) is insolvent or bankrupt;
49.14    (p) (o) holds an impaired or canceled bond;
49.15    (q) (p) has failed to notify the commissioner of bankruptcy proceedings within ten
49.16days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
49.17    (r) (q) has, within the previous ten years, been convicted of a crime that either related
49.18directly to the business of the dealer or manufacturer or involved fraud, misrepresentation
49.19or misuse of funds;
49.20    (s) (r) has suffered a judgment within the previous five years in a civil action
49.21involving fraud, misrepresentation or misuse of funds; or
49.22    (t) (s) has failed to reasonably supervise any employee or agent of the dealer or
49.23manufacturer, resulting in injury or harm to the public.
49.24    The commissioner may establish rules pursuant to section 327B.10 further
49.25specifying, defining or establishing standards of conduct for manufactured home dealers
49.26and manufacturers.

49.27    Sec. 58. Minnesota Statutes 2006, section 327B.10, is amended to read:
49.28327B.10 RULEMAKING AUTHORITY.
49.29    The commissioner may promulgate rules and issue orders reasonably necessary
49.30to implement and administer the provisions of sections 327B.01 to 327B.12. The
49.31commissioner shall adopt rules establishing and approving education programs for
49.32manufactured home installers. Each manufactured home installer must satisfactorily
49.33complete the continuing education requirements established by the commissioner in rule.

49.34    Sec. 59. INCORPORATING ADAPTABILITY DESIGN ELEMENTS; REPORT.
50.1    The commissioner of labor and industry shall explore the possibility of incorporating
50.2the adaptability design elements in the State Building Code for the following International
50.3Residential Codes (IRC) and International Building Codes (IBC):
50.4    (1) IRC-1;
50.5    (2) IRC-2;
50.6    (3) IRC-3;
50.7    (4) IBC R-2; and
50.8    (5) IBC R-3.
50.9    The commissioner shall report back to the legislative committees having jurisdiction
50.10over these issues by January 15, 2008.

50.11    Sec. 60. REVISOR'S INSTRUCTION.
50.12    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
50.13column A with the number listed in column B. The revisor shall also make necessary
50.14cross-reference changes consistent with the renumbering.

50.15		Column A	Column B
50.16		16B.59	326B.101
50.17		16B.60, subd. 1	326B.103, subd. 1
50.18		16B.60, subd. 2	326B.103, subd. 4
50.19		16B.60, subd. 3	326B.103, subd. 9
50.20		16B.60, subd. 4	326B.103, subd. 5
50.21		16B.60, subd. 5	326B.103, subd. 3
50.22		16B.60, subd. 6	326B.103, subd. 11
50.23		16B.60, subd. 7	326B.103, subd. 10
50.24		16B.60, subd. 8	326B.103, subd. 12
50.25		16B.60, subd. 9	326B.103, subd. 8
50.26		16B.60, subd. 10	326B.103, subd. 7
50.27		16B.60, subd. 11	326B.103, subd. 13
50.28		16B.60, subd. 12	326B.103, subd. 6
50.29		16B.60, subd. 13	326B.103, subd. 2
50.30		16B.61	326B.106
50.31		16B.615	326B.109
50.32		16B.616	326B.112
50.33		16B.617	326B.115
50.34		16B.6175	326B.118
50.35		16B.62	326B.121
50.36		16B.625	326B.124
50.37		16B.63	326B.127
50.38		16B.64	326B.13
50.39		16B.65	326B.133
50.40		16B.66	326B.136
51.1		16B.67	326B.139
51.2		16B.68	326B.142
51.3		16B.685	326B.145
51.4		16B.70	326B.148
51.5		16B.71	326B.151
51.6		16B.72	326B.154
51.7		16B.73	326B.157
51.8		16B.735	326B.16
51.9		16B.74	326B.163
51.10		16B.741	326B.166
51.11		16B.742	326B.169
51.12		16B.743	326B.172
51.13		16B.744	326B.175
51.14		16B.745	326B.178
51.15		16B.746	326B.181
51.16		16B.747	326B.184
51.17		16B.748	326B.187
51.18		16B.749	326B.191
51.19		16B.75	326B.194
51.20		16B.76	326B.07
51.21		326.992	326B.197

51.24    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:
51.25    Subd. 2. Class A master electrician. The term "Class A master electrician"
51.26means a person an individual having the necessary qualifications, training, experience,
51.27and technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
51.28altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power,
51.29and other purposes perform and supervise any electrical work, and who is licensed as such
51.30a Class A master electrician by the Board of Electricity commissioner.

51.31    Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:
51.32    Subd. 3. Class A journeyman electrician. The term "Class A journeyman
51.33electrician" means a person an individual having the necessary qualifications, training,
51.34experience, and technical knowledge to install, alter, repair, and supervise the installing,
51.35altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power,
51.36and other purposes perform and supervise any electrical work except for planning or
51.37laying out of electrical work, and who is licensed as such a Class A journeyman electrician
51.38by the Board of Electricity commissioner.

52.1    Sec. 3. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
52.2to read:
52.3    Subd. 4a. Elevator constructor. "Elevator constructor" means an individual having
52.4the necessary qualifications, training, experience, and technical knowledge to wire for,
52.5install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and
52.6escalators and who is licensed as an elevator constructor by the commissioner.

52.7    Sec. 4. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
52.8to read:
52.9    Subd. 4b. Elevator contractor. "Elevator contractor" means a licensed contractor
52.10whose responsible licensed individual is a licensed master elevator constructor. An
52.11elevator contractor license does not itself qualify its holder to perform or supervise the
52.12electrical or elevator work authorized by holding any other personal license issued by
52.13the commissioner.

52.14    Sec. 5. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
52.15to read:
52.16    Subd. 4c. Lineman. "Lineman" means an individual having the necessary
52.17qualifications, training, experience, and technical knowledge to construct and maintain
52.18transmission and distribution systems that are or will be owned or leased by an electrical
52.19utility, and who is licensed as a lineman by the commissioner.

52.20    Sec. 6. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
52.21to read:
52.22    Subd. 4d. Maintenance electrician. "Maintenance electrician" means an individual
52.23having the necessary qualifications, training, experience, and technical knowledge to
52.24properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed
52.25as a maintenance electrician by the commissioner or who is exempt from licensing by
52.26sections 326.241 to 326.248.

52.27    Sec. 7. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
52.28to read:
52.29    Subd. 4e. Master elevator constructor. "Master elevator constructor" means
52.30an individual having the necessary qualifications, training, experience, and technical
52.31knowledge to properly plan, lay out, and supervise the installation, maintenance, and
52.32repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed
52.33as a master elevator constructor by the commissioner.

52.34    Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:
53.1    Subd. 5. Contractor. The term "Contractor" means a person, partnership, or
53.2corporation operating a business that undertakes who performs or offers to undertake to
53.3plan for, lay out, or install or to make additions, alterations, or repairs in the installation
53.4of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes
53.5perform any electrical work, with or without compensation, who is licensed as such a
53.6contractor by the Board of Electricity commissioner. A contractor's license does not of
53.7itself qualify its holder to perform or supervise the electrical work authorized by holding
53.8any class of electrician's or other personal electrical license. Contractor includes electrical
53.9contractors and technology system contractors.

53.10    Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:
53.11    Subd. 6. Class B master electrician. The term "Class B master electrician"
53.12means a person an individual having the necessary qualifications, training, experience,
53.13and technical knowledge to install, alter, repair, plan, lay out, perform and supervise
53.14the installing, altering, and repairing of electrical wiring, apparatus, and equipment any
53.15electrical work for single phase systems of not over 200 ampere capacity for light, heat,
53.16power, and other purposes on any farm or in any single family dwelling located in any
53.17town or municipality which has a population of less than 2500 2,500 inhabitants, and who
53.18is licensed as such a Class B master electrician by the Board of Electricity commissioner.

53.19    Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:
53.20    Subd. 6a. Class B journeyman electrician. The term "Class B journeyman
53.21electrician" means a person an individual having the necessary qualifications, training,
53.22experience, and technical knowledge to install, alter, repair, and supervise the installing,
53.23altering, or repairing of electrical wiring, apparatus, and equipment for single phase
53.24systems of not more than 200 ampere capacity for light, heat, power, and other purposes
53.25on any farm or in any single family dwelling located in any town or municipality which
53.26has a population of less than 2500 2,500 inhabitants, and who is licensed as such a Class B
53.27journeyman electrician by the Board of Electricity commissioner.

53.28    Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:
53.29    Subd. 6b. Class A installer. The term "Class A installer" means a person an
53.30individual who has the necessary qualifications, training, experience, and technical
53.31knowledge to properly lay out and install electrical wiring, apparatus, and equipment for
53.32major electrical home appliances and such other electrical equipment as is determined by
53.33the state Board of Electricity commissioner pursuant to section 326.242, subdivision 3,
53.34on the load side of the main service on farmsteads or in any town or municipality with
53.35less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not
54.1contain an established business of a master electrician, and who is licensed as such a Class
54.2A installer by the state Board of Electricity commissioner.

54.3    Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:
54.4    Subd. 6c. Class B installer. The term "Class B installer" means a person an
54.5individual who has the necessary qualifications, training, experience, and technical
54.6knowledge to properly lay out and install electrical wiring, apparatus, and equipment
54.7on center pivot irrigation booms on the load side of the main service on farmsteads,
54.8and install other electrical equipment determined by the state Board of Electricity.
54.9commissioner, and who is licensed as a Class B installer must be licensed by the Board of
54.10Electricity commissioner.

54.11    Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:
54.12    Subd. 6e. Owner. An owner is a natural person an individual who physically
54.13performs electrical work on premises the person individual owns and actually occupies as
54.14a residence or owns and will occupy as a residence upon completion of its construction.

54.15    Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:
54.16    Subd. 6f. Electrical work. The term "Electrical work" means the installing,
54.17altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment
54.18for electrical light, heat, power, technology circuits or systems, or other purposes. The
54.19installing, alteration altering, repairing, planning, or laying out of electrical wiring,
54.20apparatus, or equipment for electrical light, heat, power, technology circuits or systems,
54.21or other purposes includes, but is not limited to, the performance of any work governed
54.22regulated by the standards referred to in section 326.243.

54.23    Sec. 15. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
54.24    Subd. 6g. Personal Direct supervision. The term "personal "Direct supervision"
54.25means that a person licensed to perform electrical work oversees and directs the electrical
54.26work performed by an unlicensed person such that:
54.27    (1) the licensed person actually reviews the electrical work performed by the
54.28unlicensed person an unlicensed individual is being supervised by an individual licensed
54.29to perform the electrical work being supervised;
54.30    (2) during the entire working day of the unlicensed individual, the licensed
54.31individual is physically present at the location where the unlicensed individual is
54.32performing electrical work and immediately available to the unlicensed individual;
54.33    (3) the licensed person individual is physically present and immediately available to
54.34the unlicensed person individual at all times for assistance and direction;
55.1    (4) electronic supervision does not meet the requirement of physically present and
55.2immediately available;
55.3    (5) the licensed individual shall review the electrical work performed by the
55.4unlicensed individual before the electrical work is operated; and
55.5    (3) (6) the licensed person individual is able to and does determine that all electrical
55.6work performed by the unlicensed person individual is performed in compliance with
55.7section 326.243.
55.8    The licensed person individual is responsible for the compliance with section
55.9326.243 of all electrical work performed by the unlicensed person individual.

55.10    Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:
55.11    Subd. 6j. Residential dwelling. A "residential dwelling" is an individual dwelling
55.12of a single dwelling unit that is contained in a one-family, two-family, or multifamily
55.13dwelling as defined in the National Electrical Code pursuant to section 326.243, including
55.14its garage or accessory building. A residential dwelling includes a garage and accessory
55.15building that can only be used by the residents of the single dwelling unit.

55.16    Sec. 17. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:
55.17    Subd. 6k. Power limited technician. The term "Power limited technician" means
55.18a person an individual having the necessary qualifications, training, experience, and
55.19technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
55.20altering, and repairing of electrical wiring, apparatus, and equipment for technology
55.21circuits or systems, and who is licensed as such a power limited technician by the Board of
55.22Electricity commissioner.

55.23    Sec. 18. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:
55.24    Subd. 6l. Technology circuits or systems. "Technology circuits or systems" means
55.25class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling,
55.26control, alarm, and audio signal, including associated components as covered by the
55.27National Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are
55.28isolated from circuits or systems other than class 2 or class 3 by a demarcation and are
55.29not process control circuits or systems; antenna and communication circuits or systems
55.30as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for
55.31indoor lighting and outdoor landscape lighting systems that are supplied by the secondary
55.32circuit of an isolating power supply operating at 30 volts or less as covered by the National
55.33Electrical Code, article 411. The planning, laying out, installing, altering, and repairing
55.34of technology circuits or systems must be performed in accordance with the applicable
55.35requirements of the National Electrical Code pursuant to section 326.243.

56.1    Sec. 19. [326.2415] BOARD OF ELECTRICITY.
56.2    Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12
56.3members. Eleven members shall be appointed by the governor with the advice and consent
56.4of the senate and shall be voting members. Appointments of members by the governor
56.5shall be made in accordance with section 15.066. If the senate votes to refuse to consent
56.6to an appointment of a member made by the governor, the governor shall appoint a new
56.7member with the advice and consent of the senate. One member shall be the commissioner
56.8of labor and industry or the commissioner's designee, who shall be a voting member. Of
56.9the 11 appointed members, the composition shall be as follows:
56.10    (1) one member shall be an electrical inspector;
56.11    (2) two members shall be representatives of the electrical suppliers in rural areas;
56.12    (3) two members shall be master electricians, who shall be contractors;
56.13    (4) two members shall be journeyman electricians;
56.14    (5) one member shall be a registered consulting electrical engineer;
56.15    (6) two members shall be power limited technicians, who shall be technology
56.16system contractors primarily engaged in the business of installing technology circuit
56.17or systems; and
56.18    (7) one member shall be a public member as defined by section 214.02.
56.19    The electrical inspector shall be appointed to a term to end December 31, 2011. One
56.20of the rural electrical suppliers shall be appointed for a term to end December 31, 2011.
56.21The other rural electrical supplier shall be appointed for a term to end December 31,
56.222010. The consulting electrical engineer shall be appointed for a term to end December
56.2331, 2011. One of the master electrician contractors shall be appointed for a term to end
56.24December 31, 2011. The other master electrician contractor shall be appointed for a term
56.25to end December 31, 2010. One of the journeyman electricians shall be appointed for a
56.26term to end December 31, 2011. The other journeyman electrician shall be appointed
56.27for a term to end December 31, 2010. One of the power limited technicians shall be
56.28appointed for a term to end December 31, 2011. The other power limited technician shall
56.29be appointed for a term to end December 31, 2010. The public member shall be appointed
56.30for a term to end December 31, 2010.
56.31    (b) The consulting electrical engineer must possess a current Minnesota professional
56.32engineering license and maintain the license for the duration of the term on the board.
56.33All other appointed members, except for the public member and the representatives of
56.34electrical suppliers in rural areas, must possess a current electrical license issued by the
56.35Department of Labor and Industry and maintain that license for the duration of their terms.
56.36All appointed members must be residents of Minnesota at the time of and throughout
57.1the member's appointment. The term of any appointed member that does not maintain
57.2membership qualification status shall end on the date of the status change and the governor
57.3shall appoint a new member. It is the responsibility of the member to notify the board of
57.4their status change.
57.5    (c) For appointed members, except the initial terms designated in paragraph (a), each
57.6term shall be three years with the terms ending on December 31. Members appointed by
57.7the governor shall be limited to three consecutive terms. The governor shall, all or in part,
57.8reappoint the current members or appoint replacement members with the advice and
57.9consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
57.10term. Vacancies occurring with less than six months time remaining in the term shall be
57.11filled for the existing term and the following three-year term. Members may serve until
57.12their successors are appointed but in no case later than July 1 in a year in which the term
57.13expires unless reappointed.
57.14    Subd. 2. Powers; duties; administrative support. (a) The board shall have the
57.15power to:
57.16    (1) elect its chair, vice-chair, and secretary;
57.17    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
57.18and containing such other provisions as may be useful and necessary for the efficient
57.19conduct of the business of the board;
57.20    (3) the Minnesota Electrical Code shall be the most current edition of the National
57.21Electrical Code upon its adoption by the board and any amendments thereto as adopted
57.22by the board. The board shall adopt the most current edition of the National Electrical
57.23Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision
57.246, paragraphs (b) and (c);
57.25    (4) review requests for final interpretations and issue final interpretations as provided
57.26in section 16B.63, subdivision 5;
57.27    (5) adopt rules that regulate the licensure or registration of electrical businesses,
57.28electrical contractors, master electricians, journeyman electricians, Class A installer,
57.29Class B installer, power limited technicians, and other persons who perform electrical
57.30work except for those individuals licensed under section 326.02, subdivisions 2 and 3.
57.31The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
57.326, paragraphs (d) and (e);
57.33    (6) adopt rules that regulate continuing education for individuals licensed or
57.34registered as electrical businesses, electrical contractors, master electricians, journeyman
57.35electricians, Class A installer, Class B installer, power limited technicians, and other
58.1persons who perform electrical work. The board shall adopt these rules pursuant to
58.2chapter 14 and as provided in subdivision 6, paragraph (e);
58.3    (7) advise the commissioner regarding educational requirements for electrical
58.4inspectors;
58.5    (8) refer complaints or other communications to the commissioner, whether oral or
58.6in writing, as provided in subdivision 8 that alleges or implies a violation of a statute, rule,
58.7or order that the commissioner has the authority to enforce pertaining to code compliance,
58.8licensure, registration, or an offering to perform or performance of unlicensed electrical
58.9services;
58.10    (9) approve per diem and expenses deemed necessary for its members as provided in
58.11subdivision 3;
58.12    (10) approve license reciprocity agreements;
58.13    (11) select from its members individuals to serve on any other state advisory council,
58.14board, or committee; and
58.15    (12) recommend the fees for licenses and certifications.
58.16    Except for the powers granted to the Plumbing Board, Board of Electricity, and
58.17the Board of High Pressure Piping Systems, the commissioner of labor and industry
58.18shall administer and enforce the provisions of this chapter and any rules promulgated
58.19pursuant thereto.
58.20    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
58.21    (c) The commissioner shall coordinate the board's rulemaking and recommendations
58.22with the recommendations and rulemaking conducted by all of the other boards created
58.23pursuant to chapter 326B. The commissioner shall provide staff support to the board. The
58.24support includes professional, legal, technical, and clerical staff necessary to perform
58.25rulemaking and other duties assigned to the board. The commissioner of labor and
58.26industry shall supply necessary office space and supplies to assist the board in its duties
58.27    Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
58.28of $55 a day spent on board activities, when authorized by the board, plus expenses in
58.29the same manner and amount as authorized by the commissioner's plan adopted under
58.30section 43A.18, subdivision 2. Members who, as a result of time spent attending board
58.31meetings, incur child care expenses that would not otherwise have been incurred, may be
58.32reimbursed for those expenses upon board authorization.
58.33    (b) Members who are state employees or employees of the political subdivisions
58.34of the state must not receive the daily payment for activities that occur during working
58.35hours for which they are compensated by the state or political subdivision. However, a
58.36state or political subdivision employee may receive the daily payment if the employee
59.1uses vacation time or compensatory time accumulated in accordance with a collective
59.2bargaining agreement or compensation plan for board activities. Members who are state
59.3employees or employees of the political subdivisions of the state may receive the expenses
59.4provided for in this subdivision unless the expenses are reimbursed by another source.
59.5Members who are state employees or employees of political subdivisions of the state
59.6may be reimbursed for child care expenses only for time spent on board activities that
59.7are outside their working hours.
59.8    (c) The board shall adopt internal standards prescribing what constitutes a day spent
59.9on board activities for purposes of making daily payments under this subdivision.
59.10    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
59.11removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
59.12missing three consecutive meetings. The chair of the board shall inform the governor of an
59.13appointed member missing the three consecutive meetings. After the second consecutive
59.14missed meeting and before the next meeting, the secretary of the board shall notify the
59.15appointed member in writing that the member may be removed for missing the next
59.16meeting. In the case of a vacancy on the board, the governor shall, with the advice
59.17and consent of the Senate, appoint a person to fill the vacancy for the remainder of the
59.18unexpired term.
59.19    (b) Vacancies shall be filled pursuant to section 15.097, subdivisions 5 and 6.
59.20    Subd. 5. Membership vacancies within three months of appointment.
59.21    Notwithstanding any law to the contrary, when a membership on the board becomes
59.22vacant within three months after being filled through the appointments process, the
59.23governor may, upon notification to the Office of Secretary of State, choose a new member
59.24from the applications on hand and need not repeat the process.
59.25    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
59.26members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
59.27majority of members of the board qualified to vote on the matter in question. All questions
59.28concerning the manner in which a meeting is conducted or called that is not covered
59.29by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
59.30specified by the bylaws.
59.31    (b) Each electrical code amendment considered by the board that receives an
59.32affirmative two-thirds or more majority vote of all of the voting members of the board
59.33shall be included in the next electrical code rulemaking proceeding initiated by the board.
59.34If an electrical code amendment considered, or reconsidered, by the board receives less
59.35than a two-thirds majority vote of all of the voting members of the board, the electrical
60.1code amendment shall not be included in the next electrical code rulemaking proceeding
60.2initiated by the board.
60.3    (c) The board may reconsider electrical code amendments during an active electrical
60.4code rulemaking proceeding in which the amendment previously failed to receive a
60.5two-thirds majority vote or more of all of the voting members of the board only if new
60.6or updated information that affects the electrical code amendment is presented to the
60.7board. The board may also reconsider failed electrical code amendments in subsequent
60.8electrical code rulemaking proceedings.
60.9    (d) Each proposed rule and rule amendment considered by the board pursuant to the
60.10rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that
60.11receives an affirmative majority vote of all of the voting members of the board shall be
60.12included in the next rulemaking proceeding initiated by the board. If a proposed rule or
60.13rule amendment considered, or reconsidered, by the board receives less than an affirmative
60.14majority vote of all of the voting members of the board, the proposed rule or rule
60.15amendment shall not be included in the next rulemaking proceeding initiated by the board.
60.16    (e) The board may reconsider proposed rule or rule amendment during an active
60.17rulemaking proceeding in which the amendment previously failed to receive an affirmative
60.18majority vote of all of the voting members of the board only if new or updated information
60.19that affects the proposed rule or rule amendment is presented to the board. The board
60.20may also reconsider failed proposed rule or rule amendment in subsequent rulemaking
60.21proceedings.
60.22    Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
60.23board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
60.24and in a manner as the bylaws may provide.
60.25    (b) If compliance with section 13D.02 is impractical, the board may conduct a
60.26meeting of its members by telephone or other electronic means so long as the following
60.27conditions are met:
60.28    (1) all members of the board participating in the meeting, wherever their physical
60.29location, can hear one another and can hear all discussion and testimony;
60.30    (2) members of the public present at the regular meeting location of the board can
60.31hear clearly all discussion and testimony and all votes of members of the board and, if
60.32needed, receive those services required by sections 15.44 and 15.441;
60.33    (3) at least one member of the board is physically present at the regular meeting
60.34location; and
60.35    (4) all votes are conducted by roll call, so each member's vote on each issue can be
60.36identified and recorded.
61.1    Each member of the board participating in a meeting by telephone or other electronic
61.2means is considered present at the meeting for purposes of determining a quorum and
61.3participating in all proceedings.
61.4    If telephone or other electronic means is used to conduct a regular, special, or
61.5emergency meeting, the board, to the extent practical, shall allow a person to monitor
61.6the meeting electronically from a remote location. The board may require the person
61.7making such a connection to pay for documented costs that the board incurs as a result of
61.8the additional connection.
61.9    If telephone or other electronic means is used to conduct a regular, special, or
61.10emergency meeting, the board shall provide notice of the regular meeting location, of the
61.11fact that some members may participate by telephone or other electronic means, and that
61.12a person may monitor the meeting electronically from a remote location. Any person
61.13monitoring the meeting electronically from a remote location may be required to pay
61.14documented costs incurred by the board as a result of the additional connection. The
61.15timing and method of providing notice is governed by section 13D.04.
61.16    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
61.17the substance of any complaint or communication it receives, whether in writing or oral,
61.18that alleges or implies a violation of a statute, rule, or order that the commissioner has
61.19the authority to enforce pertaining to the license or registration of any person authorized
61.20by the department to provide electrical work, the performance or offering to perform
61.21electrical work requiring licensure or registration, or electrical code compliance. Each
61.22complaint or communication that is forwarded to the commissioner shall be submitted
61.23on a form provided by the commissioner.
61.24    (b) The commissioner shall advise the board of the status of the complaint within 90
61.25days after the board's written submission is received, or within 90 days after the board
61.26is provided with a written request for additional information or documentation from the
61.27commissioner or the commissioner's designee, whichever is later. The commissioner shall
61.28advise the board of the disposition of a complaint referred by the board within 180 days
61.29after the board's written submission is received. The commissioner shall annually report to
61.30the board a summary of the actions taken in response to complaints referred by the board.
61.31    Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
61.32Government Data Practices Act, and shall protect from unlawful disclosure data classified
61.33as not public.
61.34    Subd. 10. Official records. The board shall make and preserve all records necessary
61.35to a full and accurate knowledge of its official activities in accordance with section 15.17.
62.1EFFECTIVE DATE.This section is effective July 1, 2007.

62.2    Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read:
62.3326.242 LICENSES.
62.4    Subdivision 1. Master electrician. Except as otherwise provided by law, no person
62.5individual shall install, alter, repair, plan, lay out, or supervise the installing, altering, or
62.6repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other
62.7purposes perform or supervise electrical work unless the person individual is: (a) licensed
62.8by the board commissioner as a master electrician; and (b)(i) the electrical work is for a
62.9licensed contractor and the person individual is an employee, partner, or officer of, or is
62.10the licensed contractor, or (ii) the electrical work is performed for the person's individual's
62.11employer on electric electrical wiring, apparatus, equipment, or facilities that are owned
62.12or leased by the employer which is and that are located within the limits of property
62.13which is operated, maintained, and either owned or leased and operated and maintained by
62.14the employer.
62.15    (1) An applicant for a Class A master electrician's electrician license shall (a)
62.16be a graduate of a four-year electrical course in offered by an accredited college or
62.17university; or (b) shall have had at least one year's year of experience, acceptable to the
62.18board commissioner, as a licensed journeyman; or (c) shall have had at least five years'
62.19experience, acceptable to the board commissioner, in planning for, laying out, supervising
62.20and installing wiring, apparatus, or equipment for electrical light, heat and power.
62.21    (2) As of August 1, 1985, no new Class B master electrician's electrician licenses
62.22shall be issued. An individual who has a Class B master electrician's electrician license as
62.23of August 1, 1985, may retain and renew the license and exercise the privileges it grants,
62.24which include electrical work limited to single phase systems, not over 200 amperes in
62.25capacity, on farmsteads or single-family dwellings located in towns or municipalities
62.26with fewer than 2,500 inhabitants.
62.27    Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law,
62.28no person individual shall install, alter, repair, or supervise the installing, altering, or
62.29repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other
62.30purposes perform and supervise any electrical work except for planning or laying out
62.31of electrical work unless:
62.32    (1) the person individual is licensed by the board commissioner as a journeyman
62.33electrician; and
62.34    (2) the electrical work is:
62.35    (i) for a contractor and the person individual is an employee, partner, or officer of
62.36the licensed contractor; or
63.1    (ii) performed under the supervision of a master electrician also employed by the
63.2person's individual's employer on electrical wiring, apparatus, equipment, or facilities
63.3that are owned or leased by the employer and that is are located within the limits of
63.4property operated, maintained, and either owned or leased, operated, and maintained by
63.5the employer.
63.6    (b) An applicant for a Class A journeyman electrician's electrician license shall have
63.7had at least four years of experience, acceptable to the board commissioner, in wiring for,
63.8installing, and repairing electrical wiring, apparatus, or equipment, provided however,
63.9that the board commissioner may by rule provide for the allowance of allow one year of
63.10experience credit for the successful completion of a two-year post high school electrical
63.11course approved by the board commissioner.
63.12    (c) As of August 1, 1985, no new Class B journeyman electrician's electrician
63.13licenses shall be issued. An individual who holds a Class B journeyman electrician's
63.14electrician license as of August 1, 1985, may retain and renew the license and exercise the
63.15privileges it grants, which include electrical work limited to single phase systems, not over
63.16200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or
63.17municipalities with fewer than 2,500 inhabitants.
63.18    Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and
63.196, any person individual holding a Class A installer license may lay out and install and
63.20supervise the laying out and installing of electrical wiring, apparatus, or equipment for
63.21major electrical home appliances on the load side of the main service on farmsteads and in
63.22any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to
63.23a city of the first class and does not contain an established business of a contractor. As
63.24of December 1, 2007, no new Class A installer licenses shall be issued. An individual
63.25who holds a Class A installer license as of December 1, 2007, may retain and renew the
63.26license and exercise the privileges it grants.
63.27    Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions 1, 2
63.28and 6, any person individual holding a Class B installer license may lay out and install
63.29electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
63.30side of the main service on farmsteads, and install such other electrical equipment as is
63.31determined approved by the board commissioner.
63.32    Subd. 3b. Coursework or experience. An applicant for a Class A or B installer
63.33license shall have completed a post high school course in electricity acceptable to
63.34approved by the board commissioner or shall have had at least one year's year of
63.35experience, acceptable to approved by the board commissioner, in electrical wiring.
64.1    Subd. 3c. Bond. Every Class A and Class B installer, as a condition of licensure,
64.2shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
64.3performance of all work contracted for or entered upon by the installer within the state of
64.4Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
64.5loss by reason of failure of such performance. Such bond shall be in lieu of all other
64.6license bonds to any political subdivision of the state. Such bond shall be written by a
64.7corporate surety licensed to do business in the state of Minnesota.
64.8    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law,
64.9no person individual shall install, alter, repair, plan, lay out, or supervise the installing,
64.10altering, or repairing, planning, or laying out of electrical wiring, apparatus, or equipment
64.11for technology circuits or systems unless:
64.12    (1) the person individual is licensed by the board commissioner as a power limited
64.13technician; and
64.14    (2) the electrical work is:
64.15    (i) for a licensed contractor and the person individual is an employee, partner, or
64.16officer of, or is the licensed contractor; or
64.17    (ii) performed under the direct supervision of a master electrician or power limited
64.18technician also employed by the person's individual's employer on technology circuits,
64.19systems, apparatus, equipment, or facilities that are owned or leased by the employer and
64.20that are located within the limits of property operated, maintained, and either owned or
64.21leased, operated, and maintained by the employer.
64.22    (b) An applicant for a power limited technician's license shall (1) be a graduate
64.23of a four-year electrical course in offered by an accredited college or university; or (2)
64.24have had at least 36 months' experience, acceptable to the board, in planning for, laying
64.25out, supervising, and installing, altering, and repairing wiring, apparatus, or equipment
64.26for power limited systems, provided however, that the board may by rule provide for the
64.27allowance of up to 12 months (2,000 hours) of experience credit for successful completion
64.28of a two-year post high school electrical course or other technical training approved by
64.29the board.
64.30    (c) The board may initially set experience requirements without rulemaking, but
64.31must adopt rules before July 1, 2004.
64.32    (d) (c) Licensees must attain eight 16 hours of continuing education acceptable to
64.33the board every renewal period.
64.34    (e) A person who has submitted an application by June 30, 2003, to take the alarm
64.35and communications examination administered by the board, and who has achieved a
64.36minimal score of 70 percent on the examination by September 30, 2003, may obtain a
65.1power limited technician license without further examination by submitting an application
65.2and a license fee of $30.
65.3    (f) (d) A company holding an alarm and communication license as of June 30, 2003,
65.4may designate one person individual who may obtain a power limited technician license
65.5without passing an examination administered by the board commissioner by submitting an
65.6application and license fee of $30.
65.7    (g) (e) A person who has submitted an application by September 30, 2005 December
65.830, 2007, to take the power limited technician examination administered by the board
65.9department is not required to meet the qualifications set forth in paragraph (b).
65.10    Subd. 4. Special electrician. Notwithstanding the provisions of subdivisions 1, 2,
65.116, and 7, the board may by rule provide for the issuance of special electrician licenses
65.12empowering the licensee to engage in a limited class or classes of electrical work, which
65.13class or classes shall be specified on the license certificate. Each licensee shall have had
65.14at least two years of experience, acceptable to the board, in each such limited class of
65.15work for which the licensee is licensed.
65.16    Subd. 5. Unlicensed persons individuals. (a) An unlicensed person individual
65.17means an individual who has not been licensed by the department to perform specific
65.18electrical work. An unlicensed individual shall not perform electrical work required to
65.19be performed by a licensed individual unless the individual has first registered with the
65.20department as an unlicensed individual. Thereafter, an unlicensed individual shall not
65.21perform electrical work required to be performed by a licensed individual unless the work
65.22is performed under the personal direct supervision of a person an individual actually
65.23licensed to perform such work and. The licensed electrician individual and unlicensed
65.24persons are individual must be employed by the same employer. Licensed persons
65.25individuals shall not permit unlicensed persons individuals to perform electrical work
65.26except under the personal direct supervision of a person an individual actually licensed to
65.27perform such work. Unlicensed persons individuals shall not supervise the performance of
65.28electrical work or make assignments of electrical work to unlicensed persons individuals.
65.29Except for technology circuit or system work, licensed persons individuals shall supervise
65.30no more than two unlicensed persons individuals. For technology circuit or system
65.31work, licensed persons individuals shall supervise no more than three unlicensed persons
65.32individuals.
65.33    (b) Notwithstanding any other provision of this section, no person individual other
65.34than a master electrician or power limited technician shall plan or lay out electrical wiring,
65.35apparatus, or equipment for light, heat, power, or other purposes, except circuits or
65.36systems exempted from personal licensing by subdivision 12, paragraph (b).
66.1    (c) Contractors employing unlicensed persons performing individuals to perform
66.2electrical work shall maintain records establishing compliance with this subdivision,
66.3which that shall designate identify all unlicensed persons individuals performing electrical
66.4work, except for persons individuals working on circuits or systems exempted from
66.5personal licensing by subdivision 12, paragraph (b), and shall permit the board department
66.6to examine and copy all such records as provided for in section 326.244, subdivision 6.
66.7    (d) When a licensed individual supervises the electrical work of an unlicensed
66.8individual, the licensed individual is responsible for ensuring that the electrical work
66.9complies with the Minnesota Electrical Act and all rules adopted under the act.
66.10    Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
66.11performing electrical work for a contractor or employer shall register with the department
66.12in the manner prescribed by the commissioner. Experience credit for electrical work
66.13performed in Minnesota after January 1, 2008, by an applicant for a license identified in
66.14this section shall not be granted where the applicant has not registered with or is not
66.15licensed by the department.
66.16    Subd. 6. Contractor's license required. Except as otherwise provided by law, no
66.17person individual other than an employee, partner, or officer of a licensed contractor, as
66.18defined by section 326.01 326B.31, subdivision 5 12, shall undertake perform or offer
66.19to undertake to plan for, lay out, supervise or install or to make additions, alterations, or
66.20repairs in the installation of electrical wiring, apparatus, and equipment for light, heat,
66.21power, and other purposes perform electrical work with or without compensation unless
66.22the person individual obtains a contractor's license. A contractor's license does not of itself
66.23qualify its holder to perform or supervise the electrical work authorized by holding any
66.24class of personal electrical license.
66.25    Subd. 6a. Bond required. As a condition of licensing, each contractor shall give
66.26and maintain bond to the state in the penal sum of $5,000 $25,000 conditioned upon the
66.27faithful and lawful performance of all work entered upon contracted for or performed by
66.28the contractor within the state of Minnesota and such bond shall be for the benefit of
66.29persons injured or suffering financial loss by reason of failure of such performance. The
66.30bond shall be filed with the board commissioner and shall be in lieu of all other license
66.31bonds to any other political subdivision. Such bond shall be written by a corporate surety
66.32licensed to do business in the state of Minnesota.
66.33    Subd. 6b. Insurance required. Each contractor shall have and maintain in effect
66.34general liability insurance, which includes premises and operations insurance and products
66.35and completed operations insurance, with limits of at least $100,000 per occurrence,
67.1$300,000 aggregate limit for bodily injury, and property damage insurance with limits
67.2of at least $25,000 $50,000 or a policy with a single limit for bodily injury and property
67.3damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
67.4shall be written by an insurer licensed to do business in the state of Minnesota and each
67.5contractor shall maintain on file with the board commissioner a certificate evidencing such
67.6insurance which provides that such insurance shall not be canceled without the insurer
67.7first giving 15 days written notice to the board commissioner of such cancellation.
67.8    Subd. 6c. Employment of master electrician or power limited technician. (a) No
67.9contractor shall engage in business of electrical contracting unless the contractor employs
67.10a licensed Class A master or Class B Each contractor must designate a responsible master
67.11electrician, or power limited technician, who shall be responsible for the performance of
67.12all electrical work in accordance with the requirements of sections 326.241 to 326.248
67.13326B.31 to 326B.399 or any rule or order adopted or issued under these sections. The
67.14classes of work for which the that a licensed contractor is authorized to perform shall be
67.15limited to those for which such Class A master electrician, Class B master electrician,
67.16or power limited technician employed by the contractor the classes of work that the
67.17responsible master electrician or power limited electrician is licensed to perform.
67.18    (b) When a contractor's license is held by an individual, sole proprietorship,
67.19partnership, limited liability company, or corporation and the individual, proprietor, one
67.20of the partners, one of the members, or an officer of the corporation, respectively, is not
67.21the responsible master electrician or power limited technician of record, all requests for
67.22inspection shall be signed by the responsible master electrician or power limited technician
67.23of record. The designated responsible master electrician or power limited technician of
67.24record shall be employed by the individual, partnership, limited liability company, or
67.25corporation which is applying for a contractor's license and shall not be employed in any
67.26capacity as a licensed electrician or licensed technician by any other contractor or employer
67.27designated in subdivision 12. If the contractor is an individual or a sole proprietorship, the
67.28responsible licensed individual must be the individual, proprietor, or managing employee.
67.29If the contractor is a partnership, the responsible licensed individual must be a general
67.30partner or managing employee. If the licensed contractor is a limited liability company,
67.31the responsible licensed individual must be a chief manager or managing employee. If
67.32the contractor is a corporation, the responsible licensed individual must be an officer or
67.33managing employee. If the responsible licensed individual is a managing employee, the
67.34responsible licensed individual must be actively engaged in performing electrical work
67.35on behalf of the contractor, and cannot be employed in any capacity as an electrician
68.1or technician by any other contractor or employer designated in subdivision 12. An
68.2individual may be the responsible licensed individual for only one contractor or employer.
68.3    (c) All applications and renewals for contractor's contractor licenses and all renewals
68.4shall include a verified statement that the applicant or licensee has complied with this
68.5subdivision.
68.6    Subd. 7. Examination. In addition to the other requirements imposed herein
68.7described in this section and except as herein otherwise provided in subdivision 11, as
68.8a precondition to issuance of a personal license, each applicant must pass a written
68.9or oral examination given developed and administered by the board commissioner to
68.10insure ensure the competence of each applicant for license. An oral examination shall
68.11be administered only to an applicant who furnishes a written statement from a certified
68.12teacher or other professional, trained in the area of reading disabilities stating that the
68.13applicant has a specific reading disability which would prevent the applicant from
68.14performing satisfactorily on a written test. The oral examination shall be structured so that
68.15an applicant who passes the examination will not impair the applicant's own safety or that
68.16of others while acting as a licensed person individual. No person individual failing an
68.17examination may retake it for six months thereafter, but within such six months the person
68.18individual may take an examination for a lesser grade of license. Any licensee individual
68.19failing to renew a personal license for two years or more after its expiration, and any
68.20licensee whose personal license is revoked under this chapter, shall be required to retake
68.21the examination before being issued a new license. An individual whose personal license
68.22is revoked under any other chapter is not required to retake the examination before being
68.23issued a new license, unless the personal license was revoked two years or more before the
68.24commissioner received the completed application for a new license. A licensee whose
68.25personal license is suspended for any reason is not required to retake the examination
68.26before the personal license is reinstated, unless the personal license has not been reinstated
68.27within two years after the suspension began.
68.28    An applicant for a personal license shall submit to the board commissioner an
68.29application and examination fee at the time of application. Upon approval of the
68.30application, the board commissioner shall schedule the applicant for the next available
68.31examination, which shall be held within 60 days. The applicant shall be allowed one
68.32opportunity to reschedule an examination without being required to submit another
68.33application and examination fee. Additionally, an applicant who fails an examination, or
68.34whose application has been disapproved, must was not approved, shall submit another
68.35application and examination fee.
69.1    Subd. 8. License and renewal fees; expiration. All licenses issued hereunder shall
69.2expire in a manner as provided by the board. (a) Unless revoked or suspended under this
69.3chapter, all licenses issued or renewed under this section expire on the date specified
69.4in this subdivision. Master licenses expire March 1 of each odd-numbered year after
69.5issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered
69.6year after issuance or renewal. Technology system contractor licenses expire August 1 of
69.7each even-numbered year after issuance or renewal. All other personal licenses expire two
69.8years from the date of original issuance and every two years thereafter.
69.9    (b) Fees, as set by the board, shall be payable for application and examination, and
69.10for the original issuance and each subsequent renewal of the following, are:
69.11    (1) For each personal license application and examination: $35;
69.12    Class A Master.
69.13    Class B Master.
69.14    Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
69.15Special Electrician.
69.16    (2) For original issuance of original license and each subsequent renewal of:
69.17    Class A Master. or master elevator constructor: $40 per year;
69.18    Class B Master.: $25 per year;
69.19    Power Limited Technician.: $15 per year;
69.20    Class A Journeyman, Class B Journeyman, Installer, or Special Elevator Constructor,
69.21Lineman, or Maintenance Electrician.: $15 per year;
69.22    Electrical contractor.: $100 per year;
69.23    Technology Systems Contractor Unlicensed individual registration: $15 per year.
69.24    (c) If any new license is issued in accordance with this subdivision for less than two
69.25years, the fee for the license shall be prorated on an annual basis.
69.26    (d) A license fee may not be refunded after a license is issued or renewed. However,
69.27if the fee paid for a license was not prorated in accordance with this subdivision, the
69.28amount of the overpayment shall be refunded.
69.29    (e) Any contractor who seeks reissuance of a license after it has been revoked or
69.30suspended under this chapter shall submit a reissuance fee of $100 before the license is
69.31reinstated.
69.32    (f) The fee for the issuance of each duplicate license is $15.
69.33    (3) (g) An individual or contractor who fails to renew a license before 30 days
69.34after the expiration of the license must submit a late fee equal to one year's license fee in
69.35addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual
70.1or contractor that fails to renew a license by the expiration date is unlicensed until the
70.2license is renewed.
70.3    Subd. 9. Denial, suspension, and revocation of licenses. The board may by order
70.4deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board
70.5finds (1) in its discretion that the order is in the public interest and (2) that, based upon a
70.6preponderance of the evidence presented, the applicant or licensee:
70.7    (a) has filed an application for a license which is incomplete in any material respect
70.8or contains any statement which, in light of the circumstances under which it is made, is
70.9false or misleading with respect to any material fact;
70.10    (b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
70.11    (c) has been convicted within the past five years of a misdemeanor involving a
70.12violation of sections 326.241 to 326.248;
70.13    (d) has violated or failed to comply with sections 326.241 to 326.248 or any rule or
70.14order adopted or issued under these sections; or
70.15    (e) has, in the conduct of the applicant's or licensee's affairs, including, but
70.16not limited to, the performance of electrical work, been shown to be incompetent or
70.17untrustworthy.
70.18    If a licensee engages in conduct that is proven by a preponderance of the evidence to
70.19be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
70.20violation of this subdivision. The board may take action under this subdivision or any
70.21other law authorizing action against a licensee regardless of whether the underlying
70.22conduct was willful.
70.23    The board may adopt rules further specifying and defining actions, conduct, and
70.24omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and
70.25establishing standards of conduct for applicants and licensees.
70.26    Subd. 9a. Civil penalties. Whenever a preponderance of the evidence presented
70.27proves that a person has violated or failed to comply with sections 326.241 to 326.248 or
70.28any rule or order adopted or issued under these sections, the board may impose a civil
70.29penalty upon the person in an amount not to exceed $10,000 per violation.
70.30    Subd. 9b. Orders for hearing. The complaint committee may, on behalf of the
70.31board, issue an order requiring a licensee or an applicant for a license to appear at a
70.32hearing on the issue of whether the license should be revoked or suspended, the licensee
70.33censured, the application denied, or a civil penalty imposed. The order shall be calculated
70.34to give reasonable notice of the time and place for hearing, and shall state the reasons for
70.35the entry of the order. All hearings shall be conducted in accordance with chapter 14.
71.1After the hearing, the board shall enter an order making a disposition of the matter as the
71.2facts require. If the licensee or applicant fails to appear at a hearing of which that person
71.3has been duly notified, the person is in default and the proceeding may be determined
71.4against that person upon consideration of the order for hearing, the allegations of which
71.5may be deemed to be true.
71.6    Subd. 9c. Temporary suspension. (a) The complaint committee may, on
71.7behalf of the board and in the public interest, temporarily suspend a license pending
71.8final determination of an order for hearing. The complaint committee shall not issue
71.9a temporary suspension order until an investigation of the facts has been conducted
71.10pursuant to section 214.10 by the attorney general. The complaint committee shall issue a
71.11temporary suspension order only when the safety of life or property is threatened or to
71.12prevent the commission of fraudulent, deceptive, or dishonest acts against the public.
71.13Service of the temporary suspension order is effective if the order is served on the licensee
71.14or counsel of record personally or by first class mail to the most recent address provided to
71.15the board for the licensee or the counsel of record.
71.16    (b) If a license is suspended pending final determination of an order for hearing, a
71.17hearing on the merits shall be held within 45 days of the issuance of the order of temporary
71.18suspension. The administrative law judge shall issue a report within 30 days after closing
71.19of the contested case hearing record. The board shall issue a final order within 30 days
71.20after receipt of that report and any exceptions.
71.21    (c) If the licensee requests a hearing in writing within ten days of service of the
71.22order, the board shall hold a hearing before its own members on the sole issue of whether
71.23there is a reasonable basis to continue, modify, or vacate the temporary suspension. The
71.24board shall hold the hearing within five working days of the licensee's request for hearing.
71.25Evidence presented by the complaint committee or licensee shall be in affidavit form only.
71.26The licensee or counsel of record for the licensee may appear for oral argument. Within
71.27five working days after the hearing, the board shall issue its order either continuing or
71.28vacating the temporary suspension.
71.29    Subd. 9d. Cease and desist order. (a) Whenever it appears to the complaint
71.30committee that any person has engaged or is about to engage in any act or practice
71.31constituting a violation of sections 326.241 to 326.248, any other law authorizing the
71.32issuance of a cease and desist order, or any rule or order adopted or issued under these
71.33sections, the complaint committee may, on behalf of the board, issue and cause to be
71.34served upon the person an order requiring the person to cease and desist from violating
71.35sections 326.241 to 326.248 or any rule or order adopted or issued under these sections.
71.36The complaint committee shall not issue a cease and desist order until an investigation of
72.1the facts has been conducted pursuant to section 214.10 by the attorney general. The order
72.2shall be calculated to give reasonable notice of the right of the person to request a hearing
72.3and shall state the reasons for the entry of the order. If no hearing is requested of the board
72.4within 15 days of service of the order, the order shall become final and shall remain in
72.5effect until it is modified or vacated by the board and shall not be reviewable by a court.
72.6    (b) A hearing shall be held not later than 30 days from the date of the board's receipt
72.7of a written hearing request, unless otherwise agreed by the person requesting the hearing
72.8and the complaint committee. Within 30 days of receipt of the administrative law judge's
72.9report and any exceptions, the board shall issue a final order modifying, vacating, or
72.10making permanent the cease and desist order as the facts require. The final order remains
72.11in effect until modified or vacated by the board.
72.12    Subd. 9e. Costs of proceeding. The board may impose a fee to reimburse the
72.13board for all or part of the cost of the proceedings resulting in disciplinary action or
72.14the imposition of civil penalties or the issuance of a cease and desist order. Such fees
72.15include, but are not limited to, the amount paid by the board for services from the office of
72.16administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,
72.17board members' per diem compensation, board staff time, and expense incurred by board
72.18members and staff.
72.19    Subd. 9f. District court action; injunctive relief and civil penalties. (a) Whenever
72.20it appears to the board, or the complaint committee if authorized by the board, that any
72.21person has engaged or is about to engage in any act or practice constituting a violation of
72.22sections 326.241 to 326.248 or any rule or order adopted or issued under these sections,
72.23the board, or the complaint committee if authorized by the board, may bring an action
72.24in the name of the board in the Ramsey County District Court or the district court of
72.25any other county in which venue is proper.
72.26    (b) The action may be brought to enjoin the acts or practices and to enforce
72.27compliance with sections 326.241 to 326.248, any other law authorizing a civil or
72.28injunctive action, or any rule or order adopted or issued under these sections and for a civil
72.29penalty not to exceed $10,000 for each separate violation of sections 326.241 to 326.248,
72.30any other law authorizing a civil or injunctive action, or any rule or order adopted or
72.31issued under these sections.
72.32    (c) A temporary restraining order and other temporary injunctive relief shall be
72.33granted in the proceeding whenever it appears that any person has engaged in or is about
72.34to engage in any act, conduct, or practice constituting violation of sections 326.241 to
72.35326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted
72.36or issued under these sections. The board shall not be required to show irreparable harm.
73.1    Subd. 9g. Other remedies. The issuance of a cease and desist order or injunctive
73.2relief under this section does not relieve a person from criminal prosecution by any
73.3competent authority or from disciplinary action by the board and does not prevent the
73.4board from exercising any other authority granted to it.
73.5    Subd. 9h. Powers additional. The powers contained in subdivisions 9 to 9g are in
73.6addition to all other powers of the board.
73.7    Subd. 9i. Cooperation required. A person who is the subject of an investigation,
73.8or who is questioned in connection with an investigation, by or on behalf of the board
73.9or its complaint committee shall cooperate fully with the investigation. Cooperation
73.10includes, but is not limited to:
73.11    (1) responding fully and promptly to questions raised by or on behalf of the board or
73.12its complaint committee relating to the subject of the investigation;
73.13    (2) providing copies of records in the person's possession related to the matter under
73.14investigation as requested by the board, its complaint committee, or the attorney general
73.15within the time limit set by the board, its complaint committee, or the attorney general;
73.16    (3) assisting the board, its complaint committee, or the attorney general in its
73.17investigation; and
73.18    (4) appearing at conferences or hearings scheduled by the board or its complaint
73.19committee.
73.20    Subd. 9j. Disciplinary proceedings closed. Proceedings held before the board or
73.21its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the
73.22requirements of section 13D.01.
73.23    Subd. 9k. Conflicts of law. If there is a conflict between sections 326.241 to
73.24326.248 and chapter 214, sections 326.241 to 326.248 shall control.
73.25    Subd. 10. Continuation of business by estates. Upon the death of a master who is
73.26a contractor, the board may permit the decedent's representative to carry on the business
73.27of the decedent for a period not in excess of six months, for the purpose of completing
73.28work under contract or otherwise to comply with sections 326.241 to 326.248. The
73.29representative shall give such bond as the board may require conditioned upon the faithful
73.30and lawful performance of such work and such bond shall be for the benefit of persons
73.31injured or suffering financial loss by reason of failure of such performance. Such bond
73.32shall be written by a corporate surety licensed to do business in the state of Minnesota.
73.33Such representative shall also comply with all public liability and property damage
73.34insurance requirements imposed by this chapter upon a licensed contractor.
74.1    Subd. 11. Reciprocity. To the extent that any other state which provides for the
74.2licensing of electricians provides for similar action the board may grant licenses, without
74.3examination, of the same grade and class to an electrician who has been licensed by such
74.4other state for at least one year, upon payment by the applicant of the required fee and
74.5upon the board being furnished with proof that the required fee and upon the board being
74.6furnished with proof that the qualifications of the applicant are equal to the qualifications
74.7of holders of similar licenses in Minnesota. The commissioner may enter into reciprocity
74.8agreements for personal licenses with another state if approved by the board. Once
74.9approved by the board, the commissioner may issue a personal license without requiring
74.10the applicant to pass an examination provided the applicant:
74.11    (a) submits an application under section 326.242;
74.12    (b) pays the fee required under section 326.242; and
74.13    (c) holds a valid comparable license in the state participating in the agreement.
74.14    Agreements are subject to the following:
74.15    (1) The parties to the agreement must administer a statewide licensing program that
74.16includes examination and qualifying experience or training comparable to Minnesota's.
74.17    (2) The experience and training requirements under which an individual applicant
74.18qualified for examination in the qualifying state must be deemed equal to or greater than
74.19required for an applicant making application in Minnesota at the time the applicant
74.20acquired the license in the qualifying state.
74.21    (3) The applicant must have acquired the license in the qualifying state through an
74.22examination deemed equivalent to the same class of license examination in Minnesota.
74.23A lesser class of license may be granted where the applicant has acquired a greater
74.24class of license in the qualifying state and the applicant otherwise meets the conditions
74.25of this subdivision.
74.26    (4) At the time of application, the applicant must hold a valid license in the
74.27qualifying state and have held the license continuously for at least one year before making
74.28application in Minnesota.
74.29    (5) An applicant is not eligible for a license under this subdivision if the applicant
74.30has failed the same or greater class of license examination in Minnesota, or if the
74.31applicant's license of the same or greater class has been revoked or suspended.
74.32    (6) An applicant who has failed to renew a personal license for two years or more
74.33after its expiration is not eligible for a license under this subdivision.
74.34    Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance
74.35electrician who is supervised by the responsible master electrician for a contractor who
74.36has contracted with the maintenance electrician's employer to provide services for which
75.1a contractor's license is required or by a master electrician or an electrical engineer
75.2registered with the board and who is an employee of an employer and is engaged in the
75.3maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased
75.4by the employer, and performed within the limits of property which is owned or leased
75.5and operated and maintained by said employer, shall is not be required to hold or obtain a
75.6license under sections 326.241 to 326.248. 326B.31 to 326B.399 if:
75.7    (1) the individual is engaged in the maintenance and repair of electrical equipment,
75.8apparatus, and facilities that are owned or leased by the individual's employer and that are
75.9located within the limits of property operated, maintained, and either owned or leased by
75.10the individual's employer;
75.11    (2) the individual is supervised by:
75.12    (i) the responsible master electrician for a contractor who has contracted with the
75.13individual's employer to provide services for which a contractor's license is required; or
75.14    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
75.15engineer, or, if the maintenance and repair work is limited to technology circuit and system
75.16work, a licensed power limited technician; and
75.17    (3) the individual's employer has filed with the commissioner a certificate of
75.18responsible person, signed by the responsible master electrician of the contractor, the
75.19licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
75.20the licensed power limited technician, and stating that the person signing the certificate is
75.21responsible for ensuring that the maintenance and repair work performed by the employer's
75.22employees complies with the Minnesota Electrical Act and the rules adopted under that act.
75.23    (b) Employees of a licensed electrical or technology systems contractor or other
75.24employer where provided with supervision by a master electrician in accordance with
75.25subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
75.26(a), clause (1), are not required to hold a license under sections 326.241 to 326.248
75.27326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of
75.28technology circuits or systems except planning, laying out, or installing:
75.29    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
75.30control circuits or systems other than class 2 or class 3, except circuits that interconnect
75.31these systems through communication, alarm, and security systems are exempted from
75.32this paragraph;
75.33    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
75.34physically unprotected circuits other than class 2 or class 3; or
75.35    (3) technology circuits and systems in hazardous classified locations as covered by
75.36chapter 5 of the National Electrical Code.
76.1    (c) Companies and their employees that plan, lay out, install, alter, or repair class
76.22 and class 3 remote control wiring associated with plug or cord and plug connected
76.3appliances other than security or fire alarm systems installed in a residential dwelling are
76.4not required to hold a license under sections 326.241 to 326.248 326B.31 to 326B.399.
76.5    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
76.6employees are not required to hold or obtain a license under sections 326.241 to
76.7326.248 326B.31 to 326B.399 when performing heating, ventilating, air conditioning, or
76.8refrigeration work as described in section 326.245.
76.9    (e) Employees of any electric electrical, communications, or railway utility, cable
76.10communications company as defined in section 238.02, or a telephone company as defined
76.11under section 237.01 or its employees, or of any independent contractor performing work
76.12on behalf of any such utility, cable communications company, or telephone company, shall
76.13not be required to hold a license under sections 326.241 to 326.248 326B.31 to 326B.399:
76.14    (1) while performing work on installations, materials, or equipment which are owned
76.15or leased, and operated and maintained by such utility, cable communications company, or
76.16telephone company in the exercise of its utility, antenna, or telephone function, and which
76.17    (i) are used exclusively for the generation, transformation, distribution, transmission,
76.18or metering of electric current, or the operation of railway signals, or the transmission
76.19of intelligence and do not have as a principal function the consumption or use of electric
76.20current or provided service by or for the benefit of any person other than such utility, cable
76.21communications company, or telephone company, and
76.22    (ii) are generally accessible only to employees of such utility, cable communications
76.23company, or telephone company or persons acting under its control or direction, and
76.24    (iii) are not on the load side of the service point or point of entrance for
76.25communication systems;
76.26    (2) while performing work on installations, materials, or equipment which are a part
76.27of the street lighting operations of such utility; or
76.28    (3) while installing or performing work on outdoor area lights which are directly
76.29connected to a utility's distribution system and located upon the utility's distribution poles,
76.30and which are generally accessible only to employees of such utility or persons acting
76.31under its control or direction.
76.32    (f) An owner shall not be required to hold or obtain a license under sections 326.241
76.33to 326.248 326B.31 to 326B.399.
76.34EFFECTIVE DATE.This section is effective December 1, 2007, except that
76.35the amendments to subdivision 8 are effective July 1, 2007, and the amendments to
76.36subdivision 11 are effective retroactively from January 1, 2007.

77.1    Sec. 21. Minnesota Statutes 2006, section 326.243, is amended to read:
77.2326.243 SAFETY STANDARDS.
77.3    All electrical wiring, apparatus and equipment for electric electrical light, heat
77.4and power, technology circuits or systems shall comply with the rules of the department
77.5of Commerce or the Department of Labor and Industry, as applicable, and the board and
77.6be installed in conformity with accepted standards of construction for safety to life and
77.7property. For the purposes of this chapter, the rules and safety standards stated at the
77.8time the work is done in the then most recently published current edition of the National
77.9Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
77.10by the American National Standards Institute, and the National Electrical Safety Code
77.11as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
77.12by the American National Standards Institute, shall be prima facie evidence of accepted
77.13standards of construction for safety to life and property; provided further, that in the event
77.14a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved
77.15methods of electrical construction for safety to life and property, compliance with said
77.16methods of electrical construction of said Minnesota Building Code shall also constitute
77.17compliance with this section, and provided further, that nothing herein contained shall
77.18prohibit any political subdivision from making and enforcing more stringent requirements
77.19than set forth herein and such requirements shall be complied with by all licensed
77.20electricians working within the jurisdiction of such political subdivisions.

77.21    Sec. 22. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
77.22    Subd. 1a. Technology systems. (a) The installation of the technology circuits or
77.23systems described in paragraph (b), except:
77.24    (1) minor work performed by a contractor;
77.25    (2) work performed by a heating, ventilating, or air conditioning contractor as
77.26described in section 326.245; and
77.27    (3) work performed by cable company employees when installing cable
77.28communications systems or telephone company employees when installing telephone
77.29systems,
77.30must be inspected as provided in this section for compliance with the applicable provisions
77.31of the National Electrical Code and the applicable provisions of the National Electrical
77.32Safety Code, as those codes were approved by the American National Standards Institute.
77.33    (b) The inspection requirements in paragraph (a) apply to:
77.34    (1) remote control circuits controlling class 2 or class 3 remote control circuits that
77.35control circuits or systems other than class 2 or class 3 and indoor lighting, except circuits
77.36that interconnect these systems exempted by section 326.242, subdivision 12, paragraph
78.1(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures,
78.2or devices containing physically unprotected circuits other than class 2 or class 3; or
78.3technology circuits and systems in hazardous classified locations as covered by chapter 5
78.4of the National Electrical Code;
78.5    (2) fire alarm systems, other than in one- or two-family dwellings, as defined in
78.6articles 100 and 760 of the National Electrical Code;
78.7    (3) technology circuits and systems contained within critical care areas of health
78.8care facilities as defined by the safety standards identified in section 326.243, including,
78.9but not limited to, anesthesia and resuscitative alarm and alerting systems, medical
78.10monitoring, and nurse call systems; and
78.11    (4) physical security systems within detention facilities.; and
78.12    (5) circuitry and equipment for indoor lighting systems as defined in article 411
78.13of the National Electrical Code.
78.14    (c) For the purposes of this subdivision "minor work" means the adjustment or repair
78.15and replacement of worn or defective parts of a technology circuit or system. Minor work
78.16may be inspected under this section at the request of the owner of the property or the
78.17person doing the work.
78.18    (d) Notwithstanding this subdivision, if an electrical inspector observes that a
78.19contractor, employer, or owner has not complied with accepted standards when the
78.20work was performed, as provided in the most recent editions of the National Electrical
78.21Code and the National Electrical Safety Code as approved by the American National
78.22Standards Institute, the inspector may order the contractor, employer, or owner who has
78.23performed the work to file a request for electrical inspection, pay an inspection fee, and
78.24make any necessary repairs to comply with applicable standards and require that the
78.25work be inspected.

78.26    Sec. 23. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision
78.27to read:
78.28    Subd. 1b. Licenses; bond. All inspectors shall hold licenses as master or
78.29journeyman electricians under this chapter. All inspectors under contract with the
78.30department to provide electrical inspection services shall give bond in the amount of
78.31$1,000, conditioned upon the faithful performance of their duties.

78.32    Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 2, is amended to read:
78.33    Subd. 2. Procedure. (a) At or before commencement of any installation required
78.34to be inspected by the board commissioner, the contractor, installer, special electrician,
78.35or owner making the installation shall submit to the board commissioner a request
79.1for inspection, in a form prescribed by the board commissioner, together with the fees
79.2required for the installation.
79.3    (b) The fees required are a handling fee and an inspection fee. The handling fee shall
79.4be set by the board commissioner in an amount sufficient to pay the cost of printing and
79.5handling the form requesting an inspection. The inspection fee shall be set by the board
79.6commissioner in an amount sufficient to pay the actual costs of the inspection and the
79.7board's commissioner's costs in administering the inspection. All fees shall be set pursuant
79.8to the procedure of sections 14.001 to 14.69.
79.9    (c) If the inspector finds that the installation is not in compliance with accepted
79.10standards of construction for safety to life and property as required by section 326.243, the
79.11inspector shall by written order condemn the installation or noncomplying portion thereof,
79.12or order service to the installation disconnected, and shall send a copy of the order to
79.13the board commissioner. If the installation or the noncomplying part will seriously and
79.14proximately endanger human life and property, the order of the inspector, when approved
79.15by the inspector's superior, shall require immediate condemnation or disconnection. In
79.16all other cases, the order of the inspector shall permit a reasonable opportunity for the
79.17installation to be brought into compliance with accepted standards of construction for
79.18safety to life and property prior to the effective time established for condemnation or
79.19disconnection.
79.20    (d) Copies of each condemnation or disconnection order shall be served personally
79.21or by mail upon the property owner, and the contractor, installer, or special electrician
79.22making the installation, and other persons as the board commissioner by rule may direct.
79.23An aggrieved party may appeal any condemnation or disconnection order by filing with the
79.24board commissioner a notice of appeal within ten days after (1) service upon the aggrieved
79.25party of the condemnation or disconnection order, if this service is required, or (2) filing
79.26of the order with the board commissioner, whichever is later. The appeal shall proceed
79.27and the order of the inspector shall have the effect the order, by its terms, and the rules of
79.28the board commissioner provides. The board commissioner shall adopt rules providing
79.29procedures for the conduct of appeals, including provisions for the stay of enforcement of
79.30the order of the inspector pending such appeal when justified by the circumstances.

79.31    Sec. 25. Minnesota Statutes 2006, section 326.244, subdivision 3, is amended to read:
79.32    Subd. 3. Duty of electrical utility. No electrical installation subject to inspection
79.33by the board commissioner shall be newly connected or reconnected for use until there
79.34is filed with the electrical utility supplying power a certificate of the property owner or
79.35licensed electrician, directing the work that inspection has been requested and that the
79.36conditions of the installation are safe for energization, provided further, that in all cases
80.1where an order of condemnation or disconnection has been issued against the installation
80.2or any part thereof, prior to connection or reconnection there shall also first be filed with
80.3the electrical utility supplying the power a copy of an order of the inspector or the board
80.4commissioner dismissing such prior order of condemnation or disconnection or approving
80.5the installation as being in compliance with accepted standards of construction for safety
80.6to life and property. With respect to transient projects, the aforesaid certificate shall also
80.7contain a certification that the request for inspection has been or will be filed with the
80.8board commissioner so as to be received by it at least five days prior to the date and time
80.9energization of the installation by the utility is to occur, and that the request for inspection
80.10states such date and time, and it shall be the responsibility of the board commissioner
80.11to have inspection of such transient project occur prior to the date and time at which
80.12the request states energization is to occur.

80.13    Sec. 26. Minnesota Statutes 2006, section 326.244, subdivision 4, is amended to read:
80.14    Subd. 4. Powers of political subdivisions. Any political subdivision or the
80.15University of Minnesota may make provision for inspection of electrical installations
80.16within its jurisdiction, in which case it shall keep on file with the board commissioner
80.17copies of its current inspection ordinances and codes. No political subdivision or the
80.18University of Minnesota shall require any individual, partnership, corporation or other
80.19business association holding a license from the board commissioner under sections
80.20326.241 to 326.248 326B.31 to 326B.399 to pay any license or registration fee, provided
80.21however, that any such political subdivision or the University of Minnesota may provide
80.22by ordinance a requirement that each individual, partnership, corporation or other business
80.23association doing electrical work within the jurisdiction of such political subdivision or
80.24the University of Minnesota have on file with said political subdivision a copy of the
80.25current license issued by the board commissioner or such other evidence of such license as
80.26may be provided by the board commissioner.
80.27    Each electrical inspector of any political subdivision or the University of Minnesota
80.28shall be a licensed master or journeyman electrician under section 326.242, subdivision
80.291 , paragraph (1), or 2, paragraph (b), and shall not otherwise engage or be employed in
80.30the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for
80.31light, heat, power, and other purposes and shall have no financial interest in any concern
80.32engaged in any such business.

80.33    Sec. 27. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:
80.34    Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall
80.35not be subject to inspection under sections 326.241 to 326.248 326B.31 to 326B.399:
81.1    (1) when owned or leased, operated and maintained by any employer whose
81.2maintenance electricians are exempt from licensing under sections 326.241 to 326.248
81.3326B.31 to 326B.399, while performing electrical maintenance work only as defined
81.4by board rule;
81.5    (2) when owned or leased, and operated and maintained by any electric electrical,
81.6communications, or railway utility, cable communications company as defined in section
81.7238.02 , or telephone company as defined under section 237.01, in the exercise of its
81.8utility, antenna, or telephone function; and
81.9    (i) are used exclusively for the generations, transformation, distribution,
81.10transmission, or metering of electric current, or the operation of railway signals, or the
81.11transmission of intelligence, and do not have as a principal function the consumption or
81.12use of electric current by or for the benefit of any person other than such utility, cable
81.13communications company, or telephone company; and
81.14    (ii) are generally accessible only to employees of such utility, cable communications
81.15company, or telephone company or persons acting under its control or direction; and
81.16    (iii) are not on the load side of the service point or point of entrance for
81.17communication systems;
81.18    (3) when used in the street lighting operations of an electric electrical utility;
81.19    (4) when used as outdoor area lights which are owned and operated by an electric
81.20electrical utility and which are connected directly to its distribution system and located
81.21upon the utility's distribution poles, and which are generally accessible only to employees
81.22of such utility or persons acting under its control or direction;
81.23    (5) when the installation, material, and equipment are in facilities subject to the
81.24jurisdiction of the federal Mine Safety and Health Act; or
81.25    (6) when the installation, material, and equipment is part of an elevator installation
81.26for which the elevator contractor, licensed under section 326.242, is required to obtain
81.27a permit from the authority having jurisdiction as provided by section 16B.747, and
81.28the inspection has been or will be performed by an elevator inspector certified by the
81.29Department of Administration and licensed by the Board of Electricity department.
81.30This exemption shall apply only to installations, material, and equipment permitted
81.31or required to be connected on the load side of the disconnecting means required for
81.32elevator equipment under National Electric Electrical Code Article 620, and elevator
81.33communications and alarm systems within the machine room, car, hoistway, or elevator
81.34lobby.

81.35    Sec. 28. Minnesota Statutes 2006, section 326.2441, is amended to read:
81.36326.2441 INSPECTION FEE SCHEDULE.
82.1    Subdivision 1. Schedule. State electrical inspection fees shall be paid according
82.2to calculated in accordance with subdivisions 2 to 13 15.
82.3    Subd. 2. Fee for each separate inspection. The minimum fee for each separate
82.4inspection of an installation, replacement, alteration, or repair is $20. $35. Except as
82.5otherwise provided in this section, the maximum number of separate inspections allowed
82.6without payment of an additional fee is the whole number resulting from dividing by
82.735 the total fee calculated in accordance with this section. Where additional separate
82.8inspections are necessary, additional fees are required to result in a value equal to the total
82.9number of separate inspections multiplied by 35. The fee for any inspections needed after
82.10a "final inspection" is performed shall be calculated without consideration of any fee
82.11paid before the final inspection.
82.12    Subd. 3. Fee for services, generators, other power supply sources, or feeders to
82.13separate structures. The inspection fee for the installation, addition, alteration, or repair
82.14of each service, change of service, temporary service, generator, other power supply
82.15source, or feeder to a separate structure is:
82.16    (1) 0 ampere to and including 400 ampere capacity, $25 $35;
82.17    (2) 401 ampere to and including 800 ampere capacity, $50 $60; and
82.18    (3) ampere capacity above 800, $75 $100.
82.19    Where multiple disconnects are grouped at a single location and are supplied by a
82.20single set of supply conductors the cumulative rating of the overcurrent devices shall be
82.21used to determine the supply ampere capacity.
82.22    Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer secondary
82.23conductors. The inspection fee for the installation, addition, alteration, or repair of
82.24each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
82.25the equipment served, is:
82.26    (1) 0 ampere to and including 200 ampere capacity, $5 $6; and
82.27    (2) ampere capacity above 200, $10 $15.
82.28    Where existing feeders and circuits are reconnected to overcurrent devices installed
82.29as part of the replacement of an existing disconnect, switchboard, motor control center, or
82.30panelboard, the inspection fee for each circuit or feeder is $2.
82.31    Subd. 5. Limitations to fees of subdivisions 3 and 4 Inspection fee for dwellings.
82.32    (a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family
82.33dwelling with a supply of up to 500 amperes where a combination of ten or more sources
82.34of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80. is
82.35the following:
83.1    (1) the fee for each service or other source of power as provided in subdivision 3;
83.2    (2) $100 for up to 30 feeders and circuits; and
83.3    (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
83.4This fee applies to each separate installation for new dwellings and additions, alterations,
83.5or repairs to existing dwellings and includes not more than two inspections. where 15
83.6or more feeders or circuits are installed or extended in connection with any addition,
83.7alteration, or repair to existing dwellings. Where existing feeders and circuits are
83.8reconnected to overcurrent devices installed as part of the replacement of an existing
83.9panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
83.10of separate inspections shall be determined in accordance with subdivision 2. The
83.11fee for additional inspections or other installations is that specified in subdivisions 2
83.12to, 4, 6, and 8. The installer may submit fees for additional inspections when filing the
83.13request for electrical inspection. The fee for each detached accessory structure directly
83.14associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
83.154. When included on the same request for electrical inspection form, inspection fees for
83.16detached accessory structures directly associated with the dwelling unit may be combined
83.17with the dwelling unit fees to determine the maximum number of separate inspections in
83.18accordance with subdivision 2.
83.19    (b) The inspection fee for each dwelling unit of a multifamily dwelling with three
83.20to 12 or more dwelling units is $50 and the fee for each additional dwelling unit is $25.
83.21$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
83.22or circuit. This fee applies to each separate installation for each new dwelling unit and
83.23where ten or more feeders or circuits are installed or extended in connection with any
83.24addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
83.25are reconnected to overcurrent devices installed as part of the replacement of an existing
83.26panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
83.27of separate inspections for each dwelling unit shall be determined in accordance with
83.28subdivision 2. The fee for additional inspections or for inspection of other installations
83.29is that specified in subdivisions 2, 4, 6, and 8. These fees include only inspection of the
83.30wiring within individual dwelling units and the final feeder to that unit. This limitation is
83.31subject to the following conditions:
83.32    (1) where the multifamily dwelling is provided with common service equipment
83.33and each dwelling unit is supplied by a separate feeder or feeders extended from common
83.34service or distribution equipment. The fee for multifamily dwelling services or other
83.35power source supplies and all other circuits is that specified in subdivisions 2 to 4; and.
84.1    (2) this limitation applies only to new installations for multifamily dwellings where
84.2the majority of the individual dwelling units are available for inspection during each
84.3inspection trip.
84.4    (c) A separate request for electrical inspection form must be filed for each dwelling
84.5unit that is supplied with an individual set of service entrance conductors. These fees are
84.6the one-family dwelling rate specified in paragraph (a).
84.7    Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical
84.8supply for each manufactured home park lot is $25 $35. This fee includes the service or
84.9feeder conductors up to and including the service equipment or disconnecting means.
84.10The fee for feeders and circuits that extend from the service or disconnecting means is
84.11that specified in subdivision 4.
84.12    (b) The fee for each recreational vehicle site electrical supply equipment is $5 $6
84.13for each circuit originating within the equipment. The fee for recreational vehicle park
84.14services, feeders, and circuits is that specified in subdivisions 3 and 4.
84.15    (c) The fee for each street, parking lot, or outdoor area lighting standard is $1, and the
84.16fee for each traffic signal standard is $5. Circuits originating within the standard or traffic
84.17signal controller shall not be used when computing calculating the fee for each standard.
84.18    (d) The fee for transformers for light, heat, and power is $10 $15 for transformers
84.19rated up to ten kilovolt-amperes and $20 $30 for transformers rated in excess of ten
84.20kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power
84.21supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
84.22supplies.
84.23    (e) The fee for transformers and electronic power supplies for electric signs and
84.24outline lighting is $5 per unit.
84.25    (f) The fee for alarm, communication, remote control, and signaling technology
84.26circuits or systems, and circuits of less than 50 volts, is 50 75 cents for each system device
84.27or apparatus.
84.28    (g) The fee for each separate inspection of the bonding for a swimming pool, spa,
84.29fountain, an equipotential plane for an agricultural confinement area, or similar installation
84.30shall be $20 is $35. Bonding conductors and connections require an inspection before
84.31being concealed.
84.32    (h) The fee for all wiring installed on center pivot irrigation booms is $40 $35 plus
84.33$5 for each electrical drive unit.
84.34    (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
84.35lighting fixture luminaire.
85.1    (j) When a separate inspection of a concrete-encased grounding electrode is
85.2performed, the fee is $35.
85.3    (k) The fees required by subdivisions 3 and 4 are doubled for installations over
85.4600 volts.
85.5    Subd. 7. Investigation fees: work without a request for electrical inspection.
85.6    (a) Whenever any work for which a request for electrical inspection is required by the
85.7board has begun without the request for electrical inspection form being filed with the
85.8board commissioner, a special investigation shall be made before a request for electrical
85.9inspection form is accepted by the board.
85.10    (b) An investigation fee, in addition to the full fee required by subdivisions 1
85.11to 6, shall be paid before an inspection is made. The investigation fee is two times the
85.12hourly rate minimum fee specified in subdivision 10 2 or the inspection fee required
85.13by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
85.14investigation fee does not exempt any person from compliance with all other provisions of
85.15the board department rules or statutes nor from any penalty prescribed by law.
85.16    Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5,
85.17when reinspection is necessary to determine whether unsafe conditions identified during a
85.18final inspection have been corrected and the conditions are not the subject of an appeal
85.19pending before the board commissioner or any court, a reinspection fee of $20 may $35
85.20shall be assessed in writing by the inspector.
85.21    Subd. 9. Supplemental fee. When inspections scheduled by the installer are
85.22preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
85.23to circumstances beyond the control of the inspector, a supplemental inspection fee of
85.24$20 may $35 shall be assessed in writing by the inspector.
85.25    Subd. 10. Special inspection. For inspections not covered in this section, or for
85.26requested special inspections or services, the fee shall be $30 is $80 per hour, including
85.27travel time, plus 31 cents the standard mileage rate per mile traveled, plus the reasonable
85.28cost of equipment or material consumed. This provision is applicable to inspection
85.29of empty conduits and other jobs as may be determined by the board commissioner.
85.30This fee may also be assessed when installations are not accessible by roadway and
85.31require alternate forms of transportation. or are located in the Northwest Angle, or when
85.32inspections are performed outside of Minnesota. For purposes of this subdivision,
85.33the standard mileage rate is the standard mileage rate effective at the time of travel,
85.34as established by the Internal Revenue Service for computing the deductible costs of
85.35operating an automobile for business expense purposes.
86.1    Subd. 11. Inspection of transitory projects. (a) For inspection of transitory
86.2projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
86.3sites, and portable road construction plants, the inspection procedures and fees are as
86.4specified in paragraphs (b) to (i).
86.5    (b) The fee for inspection of each generator or other source of supply is that specified
86.6in subdivision 3. A like fee is required at each engagement or setup.
86.7    (c) In addition to the fee for generators or other sources of supply, there must be an
86.8inspection of all installed feeders, circuits, and equipment at each engagement or setup at
86.9the hourly rate specified in subdivision 10, with a two-hour one-hour minimum.
86.10    (d) An owner, operator, or appointed representative of a transitory enterprise
86.11including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
86.12shows, portable road construction plants, and similar enterprises shall notify the board
86.13commissioner of its itinerary or schedule and make application for initial inspection a
86.14minimum of 14 days before its first engagement or setup. An owner, operator, or appointed
86.15representative of a transitory enterprise who fails to notify the board commissioner 14
86.16days before its first engagement or setup may be subject to the investigation fees specified
86.17in subdivision 7. The owner, operator, or appointed representative shall request inspection
86.18and pay the inspection fee for each subsequent engagement or setup at the time of the initial
86.19inspection. For subsequent engagements or setups not listed on the itinerary or schedule
86.20submitted to the board commissioner and where the board commissioner is not notified at
86.21least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
86.22    (e) Amusement rides, devices, concessions, attractions, or other units must be
86.23inspected at their first appearance of the year. The inspection fee is $20 $35 per unit with a
86.24supply of up to 60 amperes and $30 $40 per unit with a supply above 60 amperes.
86.25    (f) An additional fee at the hourly rate specified in subdivision 10 must be charged
86.26for additional time spent by each inspector if equipment is not ready or available for
86.27inspection at the time and date specified on the application for initial inspection or the
86.28request for electrical inspection form.
86.29    (g) In addition to the fees specified in paragraphs (a) and (b), a fee of two hours one
86.30hour at the hourly rate specified in subdivision 10 must be charged for inspections required
86.31to be performed on Saturdays, Sundays, holidays, or after regular business hours.
86.32    (h) The fee for reinspection of corrections or supplemental inspections where an
86.33additional trip is necessary may be assessed as specified in subdivision 8.
86.34    (i) The board may commissioner shall retain the inspection fee when an owner,
86.35operator, or appointed representative of a transitory enterprise fails to notify the board
86.36commissioner at least 48 hours in advance of a scheduled inspection that is canceled.
87.1    Subd. 11a. Negotiated fee. When the fee calculated in accordance with subdivisions
87.22 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the
87.3commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
87.4    Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling
87.5of the paper form requesting an electrical inspection is up to $1.
87.6    Subd. 13. National Electrical Code used for interpretation of provisions. For
87.7purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most
87.8recently adopted edition of the National Electrical Code shall be prima facie evidence of
87.9the definitions, interpretations, and scope of words and terms used.
87.10EFFECTIVE DATE.This section is effective July 1, 2007.

87.11    Sec. 29. Minnesota Statutes 2006, section 326.245, is amended to read:
87.12326.245 MANUFACTURED ELECTRICAL PARTS; EXEMPTION.
87.13    Subdivision 1. Manufacturers. Electrical components, apparatus, or appliances
87.14being manufactured within the limits of property which is owned or leased by a
87.15manufacturer and such manufacturer's production employees are not covered by sections
87.16326.241 to 326.248 326B.31 to 326B.399.
87.17    Subd. 2. Electrical appliance units. Installation, alteration, or repair of electrical
87.18appliance units are not covered by sections 326.241 to 326.248 326B.31 to 326B.399. For
87.19the purposes of this section, "electrical appliance units" means all electrical and fossil
87.20fuel appliances that use electricity including, but not limited to, furnaces, water heaters,
87.21stoves, clothes washers, dryers, and dishwashers. The installation of electrical wiring to an
87.22electrical appliance unit is covered by sections 326.241 to 326.248 326B.31 to 326B.399.
87.23    Subd. 3. Other units. Planning, laying out, and installation of heating, ventilating,
87.24air conditioning, or refrigeration units are not covered by sections 326.241 to 326.248
87.25326B.31 to 326B.399. For purposes of this section, heating, ventilating, air conditioning,
87.26or refrigeration units include, but are not limited to, air conditioning units, air conditioning
87.27evaporators, air conditioning condensers, air conditioning and refrigeration chillers,
87.28boilers, furnaces, air handling units, rooftop units, humidifiers, ice makers, and
87.29supermarket, ice arena, and bar/restaurant equipment. The installation of electrical wiring
87.30to the unit is covered by sections 326.241 to 326.248 326B.31 to 326B.399.
87.31    Subd. 4. Other equipment. Planning, laying out, alteration, replacement, or
87.32repair of heating, ventilating, air conditioning, or refrigeration equipment, and associated
87.33devices, controls, and wiring including wiring in or on the equipment, are not covered
87.34by sections 326.241 to 326.248 326B.31 to 326B.399 when the work is performed by an
88.1employee of a heating, ventilating, air conditioning, or refrigeration contractor provided
88.2that the employee performing the work has received a certificate of completion from a
88.3heating, ventilating, air conditioning, or refrigeration apprenticeship program approved
88.4by the state of Minnesota or any class of personal electrical license issued by the board
88.5commissioner. Employees registered in an approved heating, ventilating, air conditioning,
88.6or refrigeration program may design, plan, alter, replace, or repair heating, ventilating, air
88.7conditioning, or refrigeration equipment, devices, and controls including wiring in or on
88.8the equipment, under the direction of an employee who has a certificate of completion
88.9from an approved program or any class of personal electrical license issued by the board
88.10commissioner. The installation of electrical wiring to the unit is covered by sections
88.11326.241 to 326.248 326B.31 to 326B.399.

88.12    Sec. 30. Minnesota Statutes 2006, section 326.248, is amended to read:
88.13326.248 CITATION.
88.14    Sections 326.241 to 326.248 326B.31 to 326B.399 shall be known as the Minnesota
88.15Electrical Act.

88.16    Sec. 31. [326B.31] DEFINITIONS.
88.17    Subdivision 1. Scope. For purposes of sections 326B.31 to 326B.399, the terms
88.18defined in this section have the meanings given them.
88.19    Subd. 2. Class A electrical contractor. "Class A electrical contractor" means a
88.20licensed contractor whose responsible licensed individual is a licensed Class A master
88.21electrician.
88.22    Subd. 7. Class B electrical contractor. "Class B electrical contractor" means a
88.23licensed contractor whose responsible licensed individual is a licensed Class B master
88.24electrician.
88.25    Subd. 23. Personal license. "Personal license" means any license issued by the
88.26commissioner under section 326B.33 or the rules adopted under section 326B.33, except a
88.27contractor's license.
88.28    Subd. 27. Responsible licensed individual. A contractor's "responsible licensed
88.29individual" means the licensed Class A master electrician, Class B master electrician,
88.30master elevator constructor, or power limited technician designated in writing by the
88.31contractor in the contractor's license application, or in another manner acceptable to the
88.32commissioner, as the individual responsible for the contractor's compliance with sections
88.33326B.31 to 326B.399 and all rules and orders adopted or issued under these sections. The
88.34terms "licensed responsible individual" and "licensed responsible master electrician or
88.35power limited technician" are synonymous.
89.1    Subd. 32. Technology system contractor. "Technology system contractor" means
89.2a licensed contractor whose responsible licensed individual is a licensed power limited
89.3technician.

89.4    Sec. 32. REVISOR'S INSTRUCTION.
89.5    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
89.6column A with the number listed in column B. The revisor shall also make necessary
89.7cross-reference changes consistent with the renumbering.

89.8		Column A	Column B
89.9		326.01, subd. 2	326B.31, subd. 6
89.10		326.01, subd. 3	326B.31, subd. 5
89.11		326.01, subd. 4	326B.31, subd. 28
89.12		326.01, subd. 5	326B.31, subd. 12
89.13		326.01, subd. 6	326B.31, subd. 10
89.14		326.01, subd. 6a	326B.31, subd. 9
89.15		326.01, subd. 6b	326B.31, subd. 4
89.16		326.01, subd. 6c	326B.31, subd. 8
89.17		326.01, subd. 6e	326B.31, subd. 22
89.18		326.01, subd. 6f	326B.31, subd. 15
89.19		326.01, subd. 6g	326B.31, subd. 14
89.20		326.01, subd. 6i	326B.31, subd. 13
89.21		326.01, subd. 6j	326B.31, subd. 26
89.22		326.01, subd. 6k	326B.31, subd. 24
89.23		326.01, subd. 6l	326B.31, subd. 31
89.24		326.01, subd. 6m	326B.31, subd. 25
89.25		326.241	326B.32
89.26		326.242	326B.33
89.27		326.2421	326B.34
89.28		326.243	326B.35
89.29		326.244	326B.36
89.30		326.2441	326B.37
89.31		326.245	326B.38
89.32		326.247	326B.39
89.33		326.248	326B.399

89.34    Sec. 33. REPEALER.
89.35Minnesota Statutes 2006, sections 326.01, subdivision 4; and 326.247, are repealed.


89.38    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:
89.39    Subd. 7. Journeyman plumber. A "journeyman plumber" is any person an
89.40individual, other than a master plumber, who, as a principal occupation, is engaged as an
90.1employee of, or is otherwise working under the direction of, a master plumber in the
90.2practical installation of plumbing.

90.3    Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:
90.4    Subd. 8. Master plumber. A "master plumber" is any person an individual who is
90.5skilled in the planning, superintending, and the practical installation of plumbing and, who
90.6is otherwise lawfully qualified to contract for plumbing and installations and to conduct
90.7the business of plumbing and who is familiar with the laws and rules governing the same.

90.8    Sec. 3. Minnesota Statutes 2006, section 326.37, is amended to read:
90.9326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY
90.10STANDARDS; LICENSE EXEMPTION.
90.11    Subdivision 1. Rules. The state commissioner of health Plumbing Board may, by
90.12rule, prescribe minimum standards which shall be uniform, and which standards shall
90.13thereafter be effective for all new plumbing installations, including additions, extensions,
90.14alterations, and replacements connected with any water or sewage disposal system owned
90.15or operated by or for any municipality, institution, factory, office building, hotel, apartment
90.16building, or any other place of business regardless of location or the population of the city
90.17or town in which the installation is to be located. Notwithstanding the provisions of
90.18Minnesota Rules, part 4715.3130, as they apply to review of plans and specifications,
90.19the commissioner may allow plumbing construction, alteration, or extension to proceed
90.20without approval of the plans or specifications by the commissioner.
90.21    The commissioner shall administer the provisions of sections 326.37 326.361 to
90.22326.45 326.44 and for such purposes may employ plumbing inspectors and other assistants.
90.23    Subd. 1a. Agreements with municipalities. The commissioner may enter into an
90.24agreement with a municipality, in which the municipality agrees to perform plan and
90.25specification reviews required to be performed by the commissioner under Minnesota
90.26Rules, part 4715.3130, if:
90.27    (a) the municipality has adopted:
90.28    (1) the plumbing code;
90.29    (2) an ordinance that requires plumbing plans and specifications to be submitted to,
90.30reviewed, and approved by the municipality, except as provided in paragraph (h);
90.31    (3) an ordinance that authorizes the municipality to perform inspections required by
90.32the plumbing code; and
90.33    (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
90.34entirety, except as provided in paragraph (p);
91.1    (b) the municipality agrees to review plumbing plans and specifications for all
91.2construction for which the plumbing code requires the review of plumbing plans and
91.3specifications, except as provided in paragraph (n);
91.4    (c) the municipality agrees that, when it reviews plumbing plans and specifications
91.5under paragraph (b), the review will:
91.6    (1) reflect the degree to which the plans and specifications affect the public health
91.7and conform to the provisions of the plumbing code;
91.8    (2) ensure that there is no physical connection between water supply systems that
91.9are safe for domestic use and those that are unsafe for domestic use; and
91.10    (3) ensure that there is no apparatus through which unsafe water may be discharged
91.11or drawn into a safe water supply system;
91.12    (d) the municipality agrees to perform all inspections required by the plumbing
91.13code in connection with projects for which the municipality reviews plumbing plans and
91.14specifications under paragraph (b);
91.15    (e) the commissioner determines that the individuals who will conduct the
91.16inspections and the plumbing plan and specification reviews for the municipality do not
91.17have any conflict of interest in conducting the inspections and the plan and specification
91.18reviews;
91.19    (f) individuals who will conduct the plumbing plan and specification reviews for
91.20the municipality are:
91.21    (1) licensed master plumbers;
91.22    (2) licensed professional engineers; or
91.23    (3) individuals who are working under the supervision of a licensed professional
91.24engineer or licensed master plumber and who are licensed master or journeyman plumbers
91.25or hold a postsecondary degree in engineering;
91.26    (g) individuals who will conduct the plumbing plan and specification reviews for
91.27the municipality have passed a competency assessment required by the commissioner to
91.28assess the individual's competency at reviewing plumbing plans and specifications;
91.29    (h) individuals who will conduct the plumbing inspections for the municipality
91.30are licensed master or journeyman plumbers, or inspectors meeting the competency
91.31requirements established in rules adopted under section 16B.655;
91.32    (i) the municipality agrees to enforce in its entirety the plumbing code on all
91.33projects, except as provided in paragraph (p);
91.34    (j) the municipality agrees to keep official records of all documents received,
91.35including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
92.1and certificates issued, reports of inspections, and notices issued in connection with
92.2plumbing inspections and the review of plumbing plans and specifications;
92.3    (k) the municipality agrees to maintain the records described in paragraph (j) in the
92.4official records of the municipality for the period required for the retention of public
92.5records under section 138.17, and shall make these records readily available for review at
92.6the request of the commissioner;
92.7    (l) the municipality and the commissioner agree that if at any time during the
92.8agreement the municipality does not have in effect the plumbing code or any of ordinances
92.9described in item (a), or if the commissioner determines that the municipality is not
92.10properly administering and enforcing the plumbing code or is otherwise not complying
92.11with the agreement:
92.12    (1) the commissioner may, effective 14 days after the municipality's receipt of
92.13written notice, terminate the agreement;
92.14    (2) the municipality may challenge the termination in a contested case before the
92.15commissioner pursuant to the Administrative Procedure Act; and
92.16    (3) while any challenge is pending under item (2), the commissioner shall perform
92.17plan and specification reviews within the municipality under Minnesota Rules, part
92.184715.3130;
92.19    (m) the municipality and the commissioner agree that the municipality may terminate
92.20the agreement with or without cause on 90 days' written notice to the commissioner;
92.21    (n) the municipality and the commissioner agree that the municipality shall forward
92.22to the state for review all plumbing plans and specifications for the following types of
92.23projects within the municipality:
92.24    (1) hospitals, nursing homes, supervised living facilities, and similar
92.25health-care-related facilities regulated by the Minnesota Department of Health;
92.26    (2) buildings owned by the federal or state government; and
92.27    (3) projects of a special nature for which department review is requested by either
92.28the municipality or the state;
92.29    (o) where the municipality forwards to the state for review plumbing plans and
92.30specifications, as provided in paragraph (n), the municipality shall not collect any fee for
92.31plan review, and the commissioner shall collect all applicable fees for plan review; and
92.32    (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
92.33license issued by the state.
92.34    Subd. 1b. Existing agreements with municipalities. Any agreement between the
92.35commissioner and a municipality in which the municipality has agreed to perform plan
92.36and specification reviews required to be performed by the commissioner under Minnesota
93.1Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall
93.2remain in effect and shall not be required to be in compliance with subdivision 1a. If any
93.3agreement to perform plan and specification reviews required to be performed by the
93.4commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of
93.5subdivision 1a is later terminated by operation of the terms of the agreement or by either
93.6the commissioner or the municipality, or expires, then any new agreement between the
93.7commissioner and the municipality to perform plan and specification reviews required to
93.8be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply
93.9with subdivision 1a.
93.10    Subd. 2. Standards for capacity. By January 1, 1993, All new floor-mounted water
93.11closets in areas under jurisdiction of the State plumbing code may not have a flush volume
93.12of more than 1.6 gallons. The water closets must meet the standards of the commissioner
93.13and in the plumbing code and the standards of the American National Standards Institute.
93.14    Subd. 3. Exemption. No license or registration authorized by this section sections
93.15326.361 to 326.44 shall be required of any contractor or employee individual engaged
93.16in or employed by a person engaged in the work or business of pipe laying outside of
93.17buildings if such person individual or employer is engaged in a business or trade which
93.18has traditionally performed such work within the state prior to January 1, 1994.

93.19    Sec. 4. Minnesota Statutes 2006, section 326.38, is amended to read:
93.20326.38 LOCAL REGULATIONS.
93.21    Any city having a system of waterworks or sewerage, or any town in which reside
93.22over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
93.23airports commission, Any of the following entities may, by ordinance, adopt local
93.24regulations providing for plumbing permits, bonds, approval of plans and specifications,
93.25and inspections of plumbing, which regulations are not in conflict with the plumbing
93.26standards on the same subject prescribed by the state commissioner of health. code: any
93.27city having a system of waterworks or sewerage, regardless of population; any town
93.28having a population of 5,000 or more according to the last federal census, exclusive of any
93.29statutory cities located therein; and the Metropolitan Airports Commission. No city or
93.30such town such entity shall prohibit plumbers licensed by the state commissioner of health
93.31from engaging in or working at the business of plumbing, except cities and statutory cities
93.32which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No such
93.33entity shall require any person who engages in the business of plumbing to post a bond
93.34as a prerequisite for engaging in the business of plumbing, except the bond to the state
93.35required under section 326.40 and except any performance bond required under a contract
94.1with the person for the performance of plumbing work for the entity. No such entity shall
94.2require any person who engages in the business of plumbing to maintain public liability
94.3insurance as a prerequisite for engaging in the business of plumbing, except the insurance
94.4required under section 326.40 and except any public liability insurance required under
94.5a contract with the person for the performance of plumbing work for the entity. Any
94.6city by ordinance may prescribe regulations, reasonable standards, and inspections and
94.7grant permits to any person, firm, or corporation engaged in the business of installing
94.8water softeners, who is not licensed as a master plumber or journeyman plumber by the
94.9state commissioner of health, to connect water softening and water filtering equipment
94.10to private residence water distribution systems, where provision has been previously
94.11made therefor and openings left for that purpose or by use of cold water connections to
94.12a domestic water heater; where it is not necessary to rearrange, make any extension or
94.13alteration of, or addition to any pipe, fixture or plumbing connected with the water system
94.14except to connect the water softener, and provided the connections so made comply with
94.15minimum standards prescribed by the state commissioner of health.

94.16    Sec. 5. Minnesota Statutes 2006, section 326.39, is amended to read:
94.17326.39 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER
94.18OF HEALTH.
94.19    Such local authority as may be designated by any such ordinance for the issuance of
94.20such plumbing permits and approval of such plans shall report to the state commissioner
94.21of health persistent or willful violation of the same and any incompetence of a licensed
94.22plumber observed by the local authority.

94.23    Sec. 6. Minnesota Statutes 2006, section 326.40, is amended to read:
94.24326.40 LICENSING, BOND AND INSURANCE.
94.25    Subdivision 1. License required Plumbers must be licensed in certain cities;
94.26master and journeyman plumbers; plumbing on one's own premises; rules for
94.27examination. In any city now or hereafter having 5,000 or more population having a
94.28population of 5,000 or more, according to the last federal census, and having a system
94.29of waterworks or sewerage, no person, firm, or corporation individual shall engage in or
94.30work at the business of a master plumber or journeyman plumber unless licensed to do so
94.31by the state commissioner of health. A master plumber may also work as a journeyman
94.32plumber. Anyone Any individual not so licensed may do plumbing work which complies
94.33with the provisions of the minimum standard prescribed by the state commissioner of
94.34health on premises or that part of premises owned and actually occupied by the worker as
94.35a residence, unless otherwise forbidden to do so by a local ordinance.
95.1    In any such city no person, firm, or corporation shall engage in the business of
95.2planning, superintending, or installing plumbing nor or shall install plumbing in connection
95.3with the dealing in and selling of plumbing material and supplies unless at all times a
95.4licensed master plumber, who shall be responsible for proper planning, superintending,
95.5and installation, is in charge of the plumbing work of the person, firm, or corporation.
95.6    The Department of Health Plumbing Board shall prescribe rules, not inconsistent
95.7herewith, for the examination and licensing of plumbers.
95.8    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give
95.9bond to the state in the amount of $25,000 for all work entered into within the state. The
95.10bond shall be for the benefit of persons injured or suffering financial loss by reason of
95.11failure to comply with the requirements of the State Plumbing Code. A The bond given to
95.12the state shall be filed with the commissioner of health and shall be in lieu of all other
95.13bonds to any political subdivision required for plumbing work. The bond shall be written
95.14by a corporate surety licensed to do business in the state.
95.15    In addition, each applicant for a master plumber license or renewal thereof, may
95.16shall provide evidence of public liability insurance, including products liability insurance
95.17with limits of at least $50,000 per person and $100,000 per occurrence and property
95.18damage insurance with limits of at least $10,000. The insurance shall be written by an
95.19insurer licensed to do business in the state of Minnesota and each licensed master plumber
95.20shall maintain on file with the state commissioner of health a certificate evidencing the
95.21insurance providing that the insurance shall not be canceled without the insurer first giving
95.2215 days written notice to the commissioner. The term of the insurance shall be concurrent
95.23with the term of the license. The certificate shall be in lieu of all other certificates required
95.24by any political subdivision for licensing purposes.
95.25    Subd. 3. Bond and insurance exemption. If a master plumber who is an employee
95.26of a master plumber or who is an employee engaged within the limits of property owned,
95.27leased and operated, or maintained by the employer, in the maintenance and repair of
95.28plumbing equipment, apparatus, or facilities owned or leased by the employer, who is in
95.29compliance with the bond and insurance requirements of subdivision 2 employs another
95.30master plumber, the employee master plumber shall not be required to meet the bond and
95.31insurance requirements of subdivision 2. A master plumber who is an employee working
95.32on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or
95.33leased by their employer and which is within the limits of property owned or leased, and
95.34operated or maintained by their employer, shall not be required to meet the bond and
95.35insurance requirements of subdivision 2.
96.1    Subd. 4. Alternative compliance. Compliance with the local bond requirements of
96.2a locale within which work is to be performed shall be deemed to satisfy the bond and
96.3insurance requirements of subdivision 2, provided the local ordinance requires at least a
96.4$25,000 bond.
96.5    Subd. 5. Fee. The state commissioner of health may charge Each person giving
96.6bond to the state under subdivision 2 shall pay the department an annual bond filing
96.7registration fee commensurate with the cost of administering the bond and insurance
96.8requirements of subdivision 2 of $40.
96.9EFFECTIVE DATE.This section is effective December 1, 2007, except that the
96.10amendments to subdivision 5 are effective July 1, 2007.

96.11    Sec. 7. Minnesota Statutes 2006, section 326.401, is amended to read:
96.12326.401 PLUMBER'S APPRENTICES.
96.13    Subdivision 1. Registration. A All plumber's apprentice apprentices must be
96.14registered. To be a registered plumber's apprentice, an individual must either:
96.15    (1) be an individual employed in the trade of plumbing under an apprenticeship
96.16agreement approved by the department under Minnesota Rules, part 5200.0300; or
96.17    (2) be an unlicensed individual registered with the commissioner of health on a
96.18registration application form supplied by the commissioner showing the date of beginning
96.19training, age, schooling, previous experience, employer, and other information required
96.20by the commissioner. under subdivision 3. A plumber's apprentice is authorized to
96.21assist in the installation of plumbing only while under the direct supervision of a master,
96.22restricted master, journeyman, or restricted journeyman plumber. The master, restricted
96.23master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
96.24plumbing work performed by the plumber's apprentice complies with the plumbing code.
96.25    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four
96.26years of practical plumbing experience is eligible to take the journeyman plumbing
96.27examination. Up to 24 months of practical plumbing experience prior to registration as an
96.28apprentice becoming a plumber's apprentice may be applied to the four-year experience
96.29requirement. However, none of this practical plumbing experience may be applied if the
96.30person individual did not have any practical plumbing experience in the 12-month period
96.31immediately prior to registration becoming a plumber's apprentice. The commissioner
96.32may adopt rules to evaluate whether the person's individual's past practical plumbing
96.33experience is applicable in preparing for the journeyman's examination. If two years after
96.34completing the training the person individual has not taken the examination, the four years
96.35of experience shall be forfeited.
97.1    The commissioner may allow an extension of the two-year period for taking the
97.2exam for cases of hardship or other appropriate circumstances.
97.3    Subd. 3. Registration, rules, applications, renewals, and fees. The Department
97.4of Health may assess fees to pay for the administration of the apprentice registration
97.5program. An unlicensed individual may register by completing and submitting to the
97.6commissioner a registration form provided by the commissioner. A completed registration
97.7form must state the date the individual began training, the individual's age, schooling,
97.8previous experience, and employer, and other information required by the commissioner.
97.9The board may prescribe rules, not inconsistent with this section, for the registration of
97.10unlicensed individuals. Each applicant for initial registration as a plumber's apprentice
97.11shall pay the department an application fee of $25. Applications for initial registration
97.12may be submitted at any time. Registration must be renewed annually and shall be for the
97.13period from July 1 of each year to June 30 of the following year. Applications for renewal
97.14registration must be received by the commissioner by June 30 of each registration period
97.15on forms provided by the commissioner, and must be accompanied by a fee of $25. An
97.16application for renewal registration received on or after July 1 in any year but no more
97.17than three months after expiration of the previously issued registration must pay the past
97.18due renewal fee plus a late fee of $25. No applications for renewal registration will be
97.19accepted more than three months after expiration of the previously issued registration.
97.20EFFECTIVE DATE.This section is effective July 1, 2007.

97.21    Sec. 8. Minnesota Statutes 2006, section 326.38, is amended to read:
97.22326.38 LOCAL REGULATIONS.
97.23    Any city having a system of waterworks or sewerage, or any town in which reside
97.24over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
97.25airports commission, may, by ordinance, adopt local regulations providing for plumbing
97.26permits, bonds, approval of plans, and inspections of plumbing, which regulations are
97.27not in conflict with the plumbing standards on the same subject prescribed by the state
97.28commissioner of health Plumbing Board. No city or such town shall prohibit plumbers
97.29licensed by the state commissioner of health labor and industry from engaging in or
97.30working at the business, except cities and statutory cities which, prior to April 21, 1933,
97.31by ordinance required the licensing of plumbers. No city or town may require a license
97.32for persons performing building sewer or water service installation who have completed
97.33pipe laying training as prescribed by the commissioner of labor and industry. Any city
97.34by ordinance may prescribe regulations, reasonable standards, and inspections and grant
97.35permits to any person, firm, or corporation engaged in the business of installing water
98.1softeners, who is not licensed as a master plumber or journeyman plumber by the state
98.2commissioner of health labor and industry, to connect water softening and water filtering
98.3equipment to private residence water distribution systems, where provision has been
98.4previously made therefor and openings left for that purpose or by use of cold water
98.5connections to a domestic water heater; where it is not necessary to rearrange, make any
98.6extension or alteration of, or addition to any pipe, fixture or plumbing connected with
98.7the water system except to connect the water softener, and provided the connections so
98.8made comply with minimum standards prescribed by the state commissioner of health
98.9Plumbing Board.

98.10    Sec. 9. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
98.11    Subdivision 1. License required; master and journeyman plumbers. In any city
98.12now or hereafter having 5,000 or more population, according to the last federal census,
98.13and having a system of waterworks or sewerage, (a) No person, firm, or corporation shall
98.14engage in or work at the business of a master plumber or, restricted master plumber,
98.15journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
98.16state commissioner of health labor and industry. A license is not required for persons
98.17performing building sewer or water service installation who have completed pipe laying
98.18training as prescribed by the commissioner of labor and industry. A master plumber may
98.19also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
98.20master plumber. A journeyman plumber may also work as a restricted journeyman
98.21plumber. Anyone not so licensed may do plumbing work which complies with the
98.22provisions of the minimum standard standards prescribed by the state commissioner of
98.23health Plumbing Board on premises or that part of premises owned and actually occupied
98.24by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
98.25    In any such city (b) No person, firm, or corporation shall engage in the business of
98.26installing plumbing nor install plumbing in connection with the dealing in and selling
98.27of plumbing material and supplies unless at all times a licensed master plumber, or in
98.28cities and towns with a population of fewer than 5,000 according to the federal census a
98.29restricted master plumber, who shall be responsible for proper installation, is in charge
98.30of the plumbing work of the person, firm, or corporation.
98.31    The Department of Health shall prescribe rules, not inconsistent herewith, for the
98.32examination and licensing of plumbers.

98.33    Sec. 10. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
98.34    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
98.35of practical plumbing experience is eligible to take the journeyman plumbing examination.
98.36Up to 24 months of practical plumbing experience prior to registration as an apprentice
99.1may be applied to the four-year experience requirement. However, none of this practical
99.2plumbing experience may be applied if the person did not have any practical plumbing
99.3experience in the 12-month period immediately prior to registration. The commissioner
99.4Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
99.5experience is applicable in preparing for the journeyman's examination. If two years
99.6after completing the training the person has not taken the examination, the four years
99.7of experience shall be forfeited.
99.8    The commissioner may allow an extension of the two-year period for taking the
99.9exam for cases of hardship or other appropriate circumstances.

99.10    Sec. 11. [326.402] RESTRICTED PLUMBER LICENSE.
99.11    Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
99.12restricted journeyman or restricted master plumber license to an individual if:
99.13    (1) the individual completes an application with information required by the
99.14commissioner of labor and industry;
99.15    (2) the completed application is accompanied by a fee of $90;
99.16    (3) the commissioner of labor and industry receives the completed application and
99.17fee before January 1, 2008;
99.18    (4) the completed application demonstrates that the applicant has had at least two
99.19years for a restricted journeyman plumber license or four years for a restricted master
99.20plumber license of practical plumbing experience in the plumbing trade prior to the
99.21application; and
99.22    (5) during the entire time for which the applicant is claiming experience in
99.23contracting for plumbing work under clause (4), the applicant was in compliance with all
99.24applicable bond requirements of section 326.40.
99.25    Subd. 2. Use of license. A restricted master plumber and restricted journeyman
99.26plumber may engage in the plumbing trade in all areas of the state except in cities and
99.27towns with a population of more than 5,000 according to the federal census.
99.28    Subd. 3. Application period. Applications for restricted master plumber and
99.29restricted journeyman plumber licenses must be submitted to the commissioner prior
99.30to January 1, 2008.
99.31    Subd. 4. Renewal; use period for license. A restricted master plumber and
99.32restricted journeyman plumber license must be renewed annually for as long as that
99.33licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
99.34restricted journeyman plumber license within 12 months after the expiration date will
100.1result in permanent forfeiture of the restricted master plumber and restricted journeyman
100.2plumber license.
100.3    Subd. 5. Prohibition of transference. A restricted master plumber and restricted
100.4journeyman plumber license may not be transferred or sold to any other person.
100.5    Subd. 6. Bond; insurance. A restricted master or a restricted journeyman plumber
100.6licensee is subject to the bond and insurance requirements of section 326.40, subdivision
100.72, unless the exemption provided by section 326.40, subdivision 3, applies.
100.8    Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
100.9journeyman plumber licenses is the same fee as for a master or journeyman plumber
100.10license, respectively.
100.11EFFECTIVE DATE.This section is effective July 1, 2007.

100.12    Sec. 12. Minnesota Statutes 2006, section 326.405, is amended to read:
100.13326.405 RECIPROCITY WITH OTHER STATES.
100.14    The commissioner of health may license without examination, upon payment of the
100.15required fee, nonresident applicants who are licensed under the laws of a state having
100.16standards for licensing plumbers which the commissioner determines are substantially
100.17equivalent to the standards of this state if the other state grants similar privileges to
100.18Minnesota residents duly licensed in this state. The commissioner may enter into
100.19reciprocity agreements for personal licenses with another state if approved by the board.
100.20Once approved by the board, the commissioner may issue a plumber's license without
100.21requiring the applicant to pass an examination provided the applicant:
100.22    (a) submits an application under section 326.42;
100.23    (b) pays the fee required under section 326.42; and
100.24    (c) holds a valid comparable license in the state participating in the agreement.
100.25    Agreements are subject to the following:
100.26    (1) The parties to the agreement must administer a statewide licensing program that
100.27includes examination and qualifying experience or training comparable to Minnesota's.
100.28    (2) The experience and training requirements under which an individual applicant
100.29qualified for examination in the qualifying state must be deemed equal to or greater than
100.30required for an applicant making application in Minnesota at the time the applicant
100.31acquired the license in the qualifying state.
100.32    (3) The applicant must have acquired the license in the qualifying state through an
100.33examination deemed equivalent to the same class of license examination in Minnesota.
100.34A lesser class of license may be granted where the applicant has acquired a greater
101.1class of license in the qualifying state and the applicant otherwise meets the conditions
101.2of this subdivision.
101.3    (4) At the time of application, the applicant must hold a valid license in the
101.4qualifying state and have held the license continuously for at least one year before making
101.5application in Minnesota.
101.6    (5) An applicant is not eligible for a license under this subdivision if the applicant
101.7has failed the same or greater class of license examination in Minnesota, or if the
101.8applicant's license of the same or greater class has been revoked or suspended.
101.9    (6) An applicant who has failed to renew a plumber's license for two years or more
101.10after its expiration is not eligible for a license under this subdivision.

101.11    Sec. 13. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
101.12    Subdivision 1. Application. Applications for plumber's license shall be made to the
101.13state commissioner of health labor and industry, with fee. Unless the applicant is entitled
101.14to a renewal, the applicant shall be licensed by the state commissioner of health labor and
101.15industry only after passing a satisfactory examination developed and administered by the
101.16examiners commissioner of labor and industry, based upon rules adopted by the Plumbing
101.17Board showing fitness. Examination fees for both journeyman and master plumbers
101.18shall be in an amount prescribed by the state commissioner of health labor and industry
101.19pursuant to section 144.122. Upon being notified that of having successfully passed
101.20the examination for original license the applicant shall submit an application, with the
101.21license fee herein provided. License fees shall be in an amount prescribed by the state
101.22commissioner of health labor and industry pursuant to section 144.122. Licenses shall
101.23expire and be renewed as prescribed by the commissioner pursuant to section 144.122.

101.24    Sec. 14. Minnesota Statutes 2006, section 326.42, is amended to read:
101.25326.42 APPLICATIONS, FEES.
101.26    Subdivision 1. Application. Applications for plumber's license shall be made to
101.27the state commissioner of health, with fee. Unless the applicant is entitled to a renewal,
101.28the applicant shall be licensed by the state commissioner of health only after passing
101.29a satisfactory examination by the examiners showing fitness. Examination fees for
101.30both journeyman and master plumbers shall be in an amount prescribed by the state
101.31commissioner of health pursuant to section 144.122 $50 for each examination. Upon
101.32being notified that of having successfully passed the examination for original license
101.33the applicant shall submit an application, with the license fee herein provided. License
101.34fees shall be in an amount prescribed by the state commissioner of health pursuant to
101.35section 144.122. Licenses shall expire and be renewed as prescribed by the commissioner
101.36pursuant to section 144.122. The license fee for each initial and renewal master plumber's
102.1license shall be $120. The license fee for each initial and renewal journeyman plumber's
102.2license shall be $55. The commissioner may by rule prescribe for the expiration and
102.3renewal of licenses. Any licensee who does not renew a license within two years after the
102.4license expires is no longer eligible for renewal. Such an individual must retake and pass
102.5the examination before a new license will be issued. A journeyman or master plumber
102.6who submits a license renewal application after the time specified in rule but within two
102.7years after the license expired must pay all past due renewal fees plus a late fee of $25.
102.8    Subd. 2. Fees for plan reviews and audits. Plumbing system plans and
102.9specifications that are submitted to the commissioner for review shall be accompanied by
102.10the appropriate plan examination fees. If the commissioner determines, upon review of
102.11the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior
102.12to plan approval. The commissioner shall charge the following fees for plan reviews and
102.13audits of plumbing installations for public, commercial, and industrial buildings:
102.14    (1) systems with both water distribution and drain, waste, and vent systems and
102.15having:
102.16    (i) 25 or fewer drainage fixture units, $150;
102.17    (ii) 26 to 50 drainage fixture units, $250;
102.18    (iii) 51 to 150 drainage fixture units, $350;
102.19    (iv) 151 to 249 drainage fixture units, $500;
102.20    (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum
102.21of $4,000; and
102.22    (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch
102.23basin design;
102.24    (2) building sewer service only, $150;
102.25    (3) building water service only, $150;
102.26    (4) building water distribution system only, no drainage system, $5 per supply
102.27fixture unit or $150, whichever is greater;
102.28    (5) storm drainage system, a minimum fee of $150 or:
102.29    (i) $50 per drain opening, up to a maximum of $500; and
102.30    (ii) $70 per interceptor, separator, or catch basin design;
102.31    (6) manufactured home park or campground, one to 25 sites, $300;
102.32    (7) manufactured home park or campground, 26 to 50 sites, $350;
102.33    (8) manufactured home park or campground, 51 to 125 sites, $400;
102.34    (9) manufactured home park or campground, more than 125 sites, $500;
102.35    (10) accelerated review, double the regular fee, one-half to be refunded if no
102.36response from the commissioner within 15 business days; and
103.1    (11) revision to previously reviewed or incomplete plans:
103.2    (i) review of plans for which the commissioner has issued two or more requests for
103.3additional information, per review, $100 or ten percent of the original fee, whichever
103.4is greater;
103.5    (ii) proposer-requested revision with no increase in project scope, $50 or ten percent
103.6of original fee, whichever is greater; and
103.7    (iii) proposer-requested revision with an increase in project scope, $50 plus the
103.8difference between the original project fee and the revised project fee.
103.9    Subd. 3. Inspection fees. The commissioner shall charge the following fees for
103.10inspections under sections 326.361 to 326.44:

103.11	Residential inspection fee (each visit)	$50
103.12 103.13	Public, commercial, and industrial inspections	Inspection fee
103.14	25 or fewer drainage fixture units	$300
103.15	26 to 50 drainage fixture units	$900
103.16	51 to 150 drainage fixture units	$1,200
103.17	151 to 249 drainage fixture units	$1,500
103.18	250 or more drainage fixture units	$1,800
103.19	Callback fee (each visit)	$100

103.20EFFECTIVE DATE.This section is effective July 1, 2007.

103.21    Sec. 15. [326B.41] PURPOSE.
103.22    The purpose of sections 326B.41 to 326B.49 is to promote the public health and
103.23safety through properly designed, acceptably installed, and adequately maintained
103.24plumbing systems.

103.25    Sec. 16. [326B.42] DEFINITIONS.
103.26    Subdivision 1. Words, terms, and phrases. For purposes of sections 326B.41 to
103.27326B.49, the terms defined in this section have the meanings given to them.
103.28    Subd. 2. Direct supervision. The term "direct supervision," with respect to direct
103.29supervision of a plumber's apprentice by a master, restricted master, journeyman, or
103.30restricted journeyman plumber, means that:
103.31    (1) at all times while the plumber's apprentice is performing plumbing work, the
103.32supervising plumber is present at the location where the plumber's apprentice is working;
103.33    (2) the supervising plumber is physically present and immediately available to the
103.34plumber's apprentice at all times for assistance and direction;
103.35    (3) any form of electronic supervision does not meet the requirement of physically
103.36present;
104.1    (4) the supervising plumber actually reviews the plumbing work performed by the
104.2plumber's apprentice before the plumbing is operated; and
104.3    (5) the supervising plumber is able to and does determine that all plumbing work
104.4performed by the plumber's apprentice is performed in compliance with the plumbing code.
104.5    Subd. 3. Municipality. The term "municipality" shall have the meaning given to it
104.6in section 16B.60, subdivision 3.
104.7    Subd. 4. Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.

104.8    Sec. 17. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
104.9    Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
104.10during some part of the period of the sales representative agreement:
104.11    (1) is a resident of Minnesota or maintains that person's principal place of business
104.12in Minnesota; or
104.13    (2) whose geographical territory specified in the sales representative agreement
104.14includes part or all of Minnesota.
104.15    (b) To be effective, any demand for arbitration under subdivision 5 must be made
104.16in writing and delivered to the principal on or before one year after the effective date of
104.17the termination of the agreement.
104.18    (c) A provision in any contract between a sales representative dealing in plumbing
104.19equipment or supplies and a principal purporting to waive any provision of this act,
104.20whether by express waiver or by a provision stipulating that the contract is subject to the
104.21laws of another state, shall be void.

104.22    Sec. 18. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
104.23to read:
104.24    Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
104.25Mechanical devices and fittings with internal moving parts are prohibited from installation
104.26in plumbing venting systems.
104.27    (b) All urinals covered under the jurisdiction of the state plumbing code must have a
104.28water flush device with a volume of not more than one gallon per use.

104.29    Sec. 19. [326.3705] PLUMBING BOARD.
104.30    Subdivision 1. Composition. (a) The plumbing board shall consist of 13 members.
104.31Eleven members shall be appointed by the governor with the advice and consent of the
104.32senate and shall be voting members. Appointments of members by the governor shall be
104.33made in accordance with section 15.066. If the senate votes to refuse to consent to an
104.34appointment of a member made by the governor, the governor shall appoint a new member
104.35with the advice and consent of the senate. One member shall be the commissioner of
105.1labor and industry or the commissioner of labor and industry's designee, who shall be a
105.2voting member. One member shall be the commissioner of health or the commissioner of
105.3health's designee, who shall not be a voting member. Of the 11 appointed members, the
105.4composition shall be as follows:
105.5    (1) two members shall be municipal plumbing inspectors, one from the metropolitan
105.6area and one from greater Minnesota;
105.7    (2) one member shall be a licensed professional engineer specializing in plumbing
105.8designs or systems;
105.9    (3) two members shall be commercial/industrial plumbing contractors, one from the
105.10metropolitan area and one from greater Minnesota;
105.11    (4) one member shall be a residential plumbing contractor;
105.12    (5) two members shall be commercial/industrial journeymen, one from the
105.13metropolitan area and one from greater Minnesota;
105.14    (6) one member shall be a residential plumbing journeyman;
105.15    (7) one member shall be a water conditioning contractor; and
105.16    (8) one member shall be a municipal public water supply system operator or
105.17superintendent.
105.18One of the municipal plumbing inspectors shall be appointed for an initial term to end on
105.19December 31, 2010. The other municipal plumbing inspector shall be appointed for an
105.20initial term to end on December 31, 2011. The professional engineer shall be appointed for
105.21an initial term to end on December 31, 2011. One of the commercial/industrial plumbing
105.22contractors shall be appointed for an initial term to end on December 31, 2010. The other
105.23commercial/industrial plumbing contractor shall be appointed for an initial term to end
105.24on December 31, 2011. The residential plumbing contractor shall be appointed for an
105.25initial term to end on December 31, 2010. One of the commercial/industrial plumbing
105.26journeymen shall be appointed for an initial term to end on December 31, 2011. The other
105.27commercial/industrial plumbing journeyman shall be appointed for an initial term to end
105.28on December 31, 2010. The residential plumbing journeyman shall be appointed for an
105.29initial term to end on December 31, 2011. The water conditioning contractor shall be
105.30appointed for an initial term to end on December 31, 2011. The municipal public water
105.31supply system operator or superintendent shall be appointed for an initial term to end
105.32on December 31, 2010.
105.33    (b) The licensed professional engineer must possess a current Minnesota professional
105.34engineering license and maintain the license for the duration of their term. All other
105.35appointed members, except for the water conditioning contractor and the municipal public
105.36water supply system operator or superintendent, must possess a current plumbing license
106.1issued by the Department of Labor and Industry and maintain that license for the duration
106.2of their term. The water conditioning contractor must be licensed as a water conditioning
106.3contractor by the Department of Labor and Industry and maintain the license for the
106.4duration of the term on the board. All appointed members must be residents of Minnesota
106.5at the time of and throughout the member's appointment. The term of any appointed
106.6member that does not maintain membership qualification status shall end on the date of
106.7the status change and the governor shall appoint a new member. It is the responsibility of
106.8the member to notify the board of the member's status change.
106.9    (c) For appointed members, except the initial terms designated in paragraph (a), each
106.10term shall be three years with the terms ending on December 31. Members appointed by
106.11the governor shall be limited to three consecutive terms. The governor shall, all or in part,
106.12reappoint the current members or appoint replacement members with the advice and
106.13consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
106.14term. Vacancies occurring with less than six months time remaining in the term shall be
106.15filled for the existing term and the following three-year term. Members may serve until
106.16their successors are appointed but in no case later than July 1 in a year in which the term
106.17expires unless reappointed.
106.18    Subd. 2. Powers; duties; administrative support. (a) The board shall have the
106.19power to:
106.20    (1) elect its chair, vice-chair, and secretary;
106.21    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
106.22and containing such other provisions as may be useful and necessary for the efficient
106.23conduct of the business of the board;
106.24    (3) adopt the plumbing code that must be followed in this state and any plumbing
106.25code amendments thereto. The board shall adopt the plumbing code and any amendments
106.26thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b), (c), and (d);
106.27    (4) review requests for final interpretations and issue final interpretations as provided
106.28in section 16B.63, subdivision 5;
106.29    (5) except for rules regulating continuing education, adopt rules that regulate the
106.30licensure or registration of plumbing contractors, journeymen, apprentices, master
106.31plumbers, restricted master plumbers, and restricted journeymen and other persons
106.32engaged in the design, installation, and alteration of plumbing systems, except for those
106.33individuals licensed under sections 326.02, subdivisions 2 and 3. The board shall adopt
106.34these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
106.35    (6) advise the commissioner regarding educational requirements for plumbing
106.36inspectors;
107.1    (7) refer complaints or other communications to the commissioner, whether oral or
107.2written, as provided in subdivision 7, that alleges or implies a violation of a statute, rule,
107.3or order that the commissioner has the authority to enforce pertaining to code compliance,
107.4licensure, or an offering to perform or performance of unlicensed plumbing services;
107.5    (8) approve per diem and expenses deemed necessary for its members as provided in
107.6subdivision 3;
107.7    (9) approve license reciprocity agreements;
107.8    (10) select from its members individuals to serve on any other state advisory council,
107.9board, or committee; and
107.10    (11) recommend the fees for licenses and certifications.
107.11Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
107.12Board of High Pressure Piping Systems, the commissioner of labor and industry shall
107.13administer and enforce the provisions of this chapter and any rules promulgated pursuant
107.14thereto.
107.15    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
107.16    (c) The commissioner shall coordinate the board's rulemaking and recommendations
107.17with the recommendations and rulemaking conducted by the other boards created pursuant
107.18to chapter 326B. The commissioner shall provide staff support to the board. The support
107.19includes professional, legal, technical, and clerical staff necessary to perform rulemaking
107.20and other duties assigned to the board. The commissioner of labor and industry shall
107.21supply necessary office space and supplies to assist the board in its duties.
107.22    Subd. 3. Compensation. (a) Members of the board may be compensated at a rate
107.23of $55 a day spent on board activities, when authorized by the board, plus expenses in
107.24the same manner and amount as authorized by the commissioner's plan adopted under
107.25section 43A.18, subdivision 2. Members who, as a result of time spent attending board
107.26meetings, incur child care expenses that would not otherwise have been incurred, may be
107.27reimbursed for those expenses upon board authorization.
107.28    (b) Members who are state employees or employees of the political subdivisions
107.29of the state must not receive the daily payment for activities that occur during working
107.30hours for which they are compensated by the state or political subdivision. However, a
107.31state or political subdivision employee may receive the daily payment if the employee
107.32uses vacation time or compensatory time accumulated in accordance with a collective
107.33bargaining agreement or compensation plan for board activities. Members who are state
107.34employees or employees of the political subdivisions of the state may receive the expenses
107.35provided for in this subdivision unless the expenses are reimbursed by another source.
107.36Members who are state employees or employees of political subdivisions of the state
108.1may be reimbursed for child care expenses only for time spent on board activities that
108.2are outside their working hours.
108.3    (c) The board shall adopt internal standards prescribing what constitutes a day spent
108.4on board activities for purposes of making daily payments under this subdivision.
108.5    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
108.6removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
108.7missing three consecutive meetings. The chair of the board shall inform the governor of an
108.8appointed member missing the three consecutive meetings. After the second consecutive
108.9missed meeting and before the next meeting, the secretary of the board shall notify the
108.10appointed member in writing that the member may be removed for missing the next
108.11meeting. In the case of a vacancy on the board, the governor shall, with the advice
108.12and consent of the senate, appoint a person to fill the vacancy for the remainder of the
108.13unexpired term.
108.14    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
108.15    Subd. 5. Membership vacancies within three months of appointment.
108.16    Notwithstanding any law to the contrary, when a membership on the board becomes
108.17vacant within three months after being filled through the appointments process, the
108.18governor may, upon notification to the office of secretary of state, choose a new member
108.19from the applications on hand and need not repeat the process.
108.20    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
108.21members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
108.22majority of members of the board qualified to vote on the matter in question. All questions
108.23concerning the manner in which a meeting is conducted or called that is not covered
108.24by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
108.25specified by the bylaws.
108.26    (b) Except as provided in paragraph (c), each plumbing code amendment considered
108.27by the board that receives an affirmative two-thirds or more majority vote of all of the
108.28voting members of the board shall be included in the next plumbing code rulemaking
108.29proceeding initiated by the board. If a plumbing code amendment considered, or
108.30reconsidered, by the board receives less than a two-thirds majority vote of all the voting
108.31members of the board, the plumbing code amendment shall not be included in the next
108.32plumbing code rulemaking proceeding initiated by the board.
108.33    (c) If the plumbing code amendment considered by the board is to replace the
108.34Minnesota Plumbing Code with a model plumbing code, then the amendment may only be
109.1included in the next plumbing code rulemaking proceeding if it receives an affirmative
109.2two-thirds or more majority vote of all the voting members of the board.
109.3    (d) The board may reconsider plumbing code amendments during an active
109.4plumbing code rulemaking proceeding in which the amendment previously failed to
109.5receive a two-thirds majority vote or more of all the voting members of the board only if
109.6new or updated information that affects the plumbing code amendment is presented to the
109.7board. The board may also reconsider failed plumbing code amendments in subsequent
109.8plumbing code rulemaking proceedings.
109.9    (e) Each proposed rule and rule amendment considered by the board pursuant to the
109.10rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
109.11affirmative majority vote of all the voting members of the board shall be included in the
109.12next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
109.13considered, or reconsidered, by the board receives less than an affirmative majority vote of
109.14all the voting members of the board, the proposed rule or rule amendment shall not be
109.15included in the next rulemaking proceeding initiated by the board.
109.16    (f) The board may reconsider proposed rules or rule amendments during an
109.17active rulemaking proceeding in which the amendment previously failed to receive an
109.18affirmative majority vote of all the voting members of the board only if new or updated
109.19information that affects the proposed rule or rule amendment is presented to the board.
109.20The board may also reconsider failed proposed rules or rule amendments in subsequent
109.21rulemaking proceedings.
109.22    Subd. 6a. Board meetings. (a) The board shall hold meetings at such times as the
109.23board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
109.24and in such a manner as the bylaws may provide.
109.25    (b) If compliance with section 13D.02 is impractical, the board may conduct a
109.26meeting of its members by telephone or other electronic means so long as the following
109.27conditions are met:
109.28    (1) all members of the board participating in the meeting, wherever their physical
109.29location, can hear one another and can hear all discussion and testimony;
109.30    (2) members of the public present at the regular meeting location of the board can
109.31hear clearly all discussion and testimony and all votes of members of the board and, if
109.32needed, receive those services required by sections 15.44 and 15.441;
109.33    (3) at least one member of the board is physically present at the regular meeting
109.34location; and
109.35    (4) all votes are conducted by roll call, so each member's vote on each issue can be
109.36identified and recorded.
110.1Each member of the board participating in a meeting by telephone or other electronic
110.2means is considered present at the meeting for purposes of determining a quorum and
110.3participating in all proceedings.
110.4    If telephone or other electronic means is used to conduct a regular, special, or
110.5emergency meeting, the board, to the extent practical, shall allow a person to monitor
110.6the meeting electronically from a remote location. The board may require the person
110.7making such a connection to pay for documented costs that the board incurs as a result of
110.8the additional connection.
110.9    If telephone or other electronic means is used to conduct a regular, special, or
110.10emergency meeting, the board shall provide notice of the regular meeting location, of the
110.11fact that some members may participate by telephone or other electronic means, and that
110.12a person may monitor the meeting electronically from a remote location. Any person
110.13monitoring the meeting electronically from a remote location may be required to pay
110.14documented costs incurred by the board as a result of the additional connection. The
110.15timing and method of providing notice is governed by section 13D.04.
110.16    Subd. 7. Complaints. (a) The board shall promptly forward to the commissioner
110.17the substance of any complaint or communication it receives, whether written or oral,
110.18that alleges or implies a violation of a statute, rule, or order that the commissioner has
110.19the authority to enforce pertaining to the license or registration of any person authorized
110.20by the department to provide plumbing services, the performance or offering to perform
110.21plumbing services requiring licensure by an unlicensed person, or plumbing code
110.22compliance. Each complaint or communication that is forwarded to the commissioner
110.23shall be submitted on a form provided by the commissioner.
110.24    (b) The commissioner shall advise the board of the status of the complaint within 90
110.25days after the board's written submission is received, or within 90 days after the board
110.26is provided with a written request for additional information or documentation from the
110.27commissioner or the commissioner's designee, whichever is later. The commissioner shall
110.28advise the board of the disposition of a complaint referred by the board within 180 days
110.29after the board's written submission is received. The commissioner shall annually report to
110.30the board a summary of the actions taken in response to complaints referred by the board.
110.31    Subd. 8. Data Practices Act. The board is subject to chapter 13, the Minnesota
110.32Government Data Practices Act, and shall protect from unlawful disclosure data classified
110.33as not public.
110.34    Subd. 9. Official records. The board shall make and preserve all records necessary
110.35to a full and accurate knowledge of its official activities in accordance with section 15.17.
111.1EFFECTIVE DATE.This section is effective July 1, 2007.

111.2    Sec. 20. REVISOR'S INSTRUCTION.
111.3    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
111.4column A with the number listed in column B. The revisor shall also make necessary
111.5cross-referenced changes consistent with the renumbering.

111.6	Column A	Column B
111.7	326.01, subd. 7	326B.42, subd. 3
111.8	326.01, subd. 8	326B.42, subd. 4
111.9	326.01, subd. 9	326B.42, subd. 7
111.10	326.37	326B.43
111.11	326.38	326B.44
111.12	326.39	326B.45
111.13	326.40	326B.46
111.14	326.401	326B.47
111.15	326.405	326B.48
111.16	326.42	326B.49

111.17    Sec. 21. REPEALER.
111.18Minnesota Statutes 2006, section 326.01, subdivision 9, is repealed.


111.21    Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
111.22    Subdivision 1. Rulemaking by commissioner of health. The state commissioner
111.23of health shall, by rule, prescribe minimum standards which shall be uniform, and
111.24which standards shall thereafter be effective for all new water conditioning servicing
111.25and water conditioning installations, including additions, extensions, alterations, and
111.26replacements connected with any water or sewage disposal system owned or operated by
111.27or for any municipality, institution, factory, office building, hotel, apartment building or
111.28any other place of business, regardless of location or the population of the city, county
111.29or town in which located. Such rules, upon approval of the attorney general and their
111.30legal publication, shall have the force of law, and the violation of any part thereof shall
111.31constitute a misdemeanor and may be enjoined by the attorney general.

111.32    Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:
111.33326.58 LOCAL REGULATIONS.
111.34    Any city or town with a population of 5,000 or more persons according to the last
111.35federal census may, by ordinance, adopt local regulations providing for water conditioning
111.36permits, bonds, approval of plans, and inspections of water conditioning installations and
111.37servicing, which regulations shall not be in conflict with the water conditioning standards
112.1on the same subject prescribed by the state commissioner of health. No such city or
112.2town shall prohibit water conditioning contractors or installers licensed by the state
112.3commissioner of health from engaging in or working at the business.

112.4    Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:
112.5326.59 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER
112.6OF HEALTH.
112.7    Such local authority as may be designated by any such ordinance for the issuance
112.8of such water conditioning installation and servicing permits and approval of such plans
112.9shall report to the state commissioner of health persistent or willful violations of the
112.10same and any incompetence of a licensed water conditioning contractor or licensed water
112.11conditioning installer observed by the local authority.

112.12    Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:
112.13326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
112.14    Subdivision 1. Licensing in certain cities. In any city or town now or hereafter
112.15having a population of 5,000 or more according to the last federal census, no person, firm,
112.16or corporation shall engage in or work at the business of water conditioning installation or
112.17servicing after January 1, 1970, unless (a) (1) at all times a person an individual licensed
112.18as a water conditioning contractor by the state commissioner of health shall be responsible
112.19for the proper water conditioning installation and servicing work of such person, firm, or
112.20corporation, and (b) (2) all installations, other than exchanges of portable equipment, are
112.21actually made performed by a licensed water conditioning contractor or licensed water
112.22conditioning installer. Anyone Any individual not so licensed may do perform water
112.23conditioning work which that complies with the provisions of the minimum standard
112.24prescribed by the state commissioner of health on premises or that part of premises owned
112.25and actually occupied by the worker as a residence, unless otherwise forbidden to do so
112.26prohibited by a local ordinance.
112.27    Subd. 2. Qualifications for licensing. A water conditioning contractor license
112.28shall be issued only to a person an individual who has demonstrated skill in planning,
112.29superintending, and servicing water conditioning installations. A water conditioning
112.30installer license shall only be issued to a person an individual other than a water
112.31conditioning contractor who has demonstrated practical knowledge of water conditioning
112.32installation.
112.33    Subd. 3. Rules. The state commissioner of health shall:
112.34    (a) (1) prescribe rules, not inconsistent herewith, for the licensing of water
112.35conditioning contractors and installers;
113.1    (b) (2) license water conditioning contractors and installers;
113.2    (c) (3) prescribe rules not inconsistent herewith for the examining of water
113.3conditioning contractors and installers prior to first granting a license as a water
113.4conditioning contractor or water conditioning installer; and
113.5    (d) (4) collect an examination fee from each examinee for a license as a water
113.6conditioning contractor and a an examination fee from each examinee for a license
113.7as a water conditioning installer in an amount prescribed by the state commissioner of
113.8health pursuant to set forth in section 144.122 326.62. A water conditioning installer
113.9must successfully pass the examination for water conditioning contractors before being
113.10licensed as a water conditioning contractor.

113.11    Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:
113.12326.601 ALTERNATIVE STATE BONDING AND INSURANCE
113.13REGULATION.
113.14    Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or
113.15installer license or renewal thereof who is required by any political subdivision to give a
113.16bond to obtain or maintain the license, may comply with any political subdivision bonding
113.17requirement by giving a bond to the state as described in paragraph (b). No applicant for a
113.18water conditioning contractor or installer license who maintains the bond under paragraph
113.19(b) shall be otherwise required to meet the bond requirements of any political subdivision.
113.20    (b) Each bond given to the state under this subdivision shall be in the total penal sum
113.21of $3,000 conditioned upon the faithful and lawful performance of all water conditioning
113.22contracting or installing work done within the state. The bond shall be for the benefit of
113.23persons suffering injuries or damages due to the work. The bond shall be filed with the
113.24commissioner of health and shall be written by a corporate surety licensed to do business
113.25in this state. No applicant for a water conditioning contractor or installer license who
113.26maintains the bond under this subdivision shall be otherwise required to meet the bond
113.27requirements of any political subdivision. The bond must remain in effect at all times
113.28while the application is pending and while the license is in effect.
113.29    Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or
113.30installer license or renewal thereof may, in lieu of all other insurance requirements of any
113.31political subdivision for said licensing purposes, maintain the insurance specified by
113.32this subdivision. who is required by any political subdivision to maintain insurance to
113.33obtain or maintain the license may comply with any political subdivision's insurance
113.34requirement by maintaining the insurance described in paragraph (b). No applicant for a
113.35water conditioning contractor or installer license who maintains the insurance described
114.1in paragraph (b) shall be otherwise required to meet the insurance requirements of any
114.2political subdivision.
114.3    (b) The insurance shall provide coverage, including products liability coverage,
114.4for all damages in connection with licensed work for which the licensee is liable, with
114.5personal damage limits of at least $50,000 per person and $100,000 per occurrence and
114.6property damage insurance with limits of at least $10,000. The insurance shall be written
114.7by an insurer licensed to do business in this state and each licensed water conditioning
114.8contractor or installer shall maintain on file with the commissioner of health a certificate
114.9evidencing the insurance shall be filed with the commissioner. The insurance must remain
114.10in effect at all times while the application is pending and while the license is in effect. The
114.11insurance shall not be canceled without the insurer first giving 15 days' written notice to
114.12the commissioner.
114.13    Subd. 3. Bond and insurance exemption. A water conditioning contractor or
114.14installer who is an employee of a water conditioning contractor or installer, including
114.15an employee engaged in the maintenance and repair of water conditioning equipment,
114.16apparatus, or facilities owned, leased and operated, or maintained by the employer, is
114.17not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of
114.18any political subdivision.
114.19    Subd. 4. Fee. The commissioner of health may establish by rule an additional
114.20fee commensurate with the cost of administering the bond and insurance requirements
114.21of subdivisions 1 and 2, which may be charged shall collect a $40 bond registration fee
114.22from each applicant for issuance or renewal of a water conditioning contractor or installer
114.23license who elects to proceed under subdivisions 1 and 2.
114.24EFFECTIVE DATE.This section is effective December 1, 2007, except that the
114.25amendments to subdivision 4 are effective July 1, 2007.

114.26    Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
114.27    Subdivision 1. Water conditioning installation. "Water conditioning installation"
114.28as used in sections 326.57 to 326.65 means the installation of appliances, appurtenances,
114.29and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical
114.30or bacterial content, said installation to be made in a water distribution system serving a
114.31single family residential unit, which has been initially established by a licensed plumber,
114.32and does not involve a direct connection without an air gap to a soil or waste pipe.

114.33    Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
115.1    Subd. 2. Water conditioning servicing. "Water conditioning servicing" as used in
115.2sections 326.57 to 326.65 means the servicing (including servicing prior to installation) of
115.3a water conditioning installation.

115.4    Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
115.5    Subd. 3. Rules. In order to provide effective protection of the public health, the
115.6state commissioner of health may by rule prescribe limitations on the nature of alteration
115.7to, extension of, or connection with, the said water distribution system initially established
115.8by a licensed plumber which may be performed by a person licensed hereunder, and may
115.9by rule in appropriate instances require filing of plans, blueprints and specifications prior
115.10to commencement of installation. Such rules, upon approval of the attorney general and
115.11their legal publication, shall have the force of law, and the violation of any part thereof
115.12shall constitute a misdemeanor. The installation of water heaters shall not constitute water
115.13conditioning installation and consequently such work shall be accomplished in accordance
115.14with the provisions of sections 326.37 326.361 to 326.45 326.44.

115.15    Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
115.16    Subd. 4. Single family residential unit. "Single family residential unit" as used in
115.17sections 326.57 to 326.65 means a building or portion thereof which is arranged, designed,
115.18used or intended to be used for residential occupancy by one family, but not including a
115.19motel, hotel or rooming house.

115.20    Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:
115.21326.62 APPLICATIONS; FEES.
115.22    Applications for water conditioning contractor's or installer's licenses shall be
115.23made to the state commissioner of health with the fee prescribed by the commissioner
115.24pursuant to section 144.122. Licenses shall expire and be renewed as prescribed by
115.25the commissioner pursuant to section 144.122. Unless examination fees have been set
115.26by a contract under section 326B.05, examination fees for both water conditioning
115.27contractors and water conditioning installers shall be $50 for each examination. Each
115.28water conditioning contractor and installer license shall expire on December 31 of the year
115.29for which it was issued. The license fee for each initial water conditioning contractor's
115.30license shall be $70, except that the license fee shall be $35 if the application is submitted
115.31during the last three months of the calendar year. The license fee for each renewal water
115.32conditioning contractor's license shall be $70. The license fee for each initial water
115.33conditioning installer license shall be $35, except that the license fee shall be $17.50 if the
115.34application is submitted during the last three months of the calendar year. The license fee
115.35for each renewal water conditioning installer license shall be $35. The commissioner may
116.1by rule prescribe for the expiration and renewal of licenses. Any licensee who does not
116.2renew a license within two years after the license expires is no longer eligible for renewal.
116.3Such an individual must retake and pass the examination before a new license will be
116.4issued. A water conditioning contractor or water conditioning installer who submits a
116.5license renewal application after the time specified in rule but within two years after the
116.6license expired must pay all past due renewal fees plus a late fee of $25.
116.7EFFECTIVE DATE.This section is effective July 1, 2007.

116.8    Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:
116.9326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
116.10    The provisions of sections 326.57 to 326.65 which that require the obtaining of
116.11licenses to engage in the work or business of water conditioning installation, and the
116.12provisions which that provide for the examination of applicants for such licenses, shall
116.13only apply to work accomplished in cities or towns having populations of 5,000 or more
116.14according to the last federal census, and shall not apply to master plumbers and journeymen
116.15plumbers licensed under the provisions of sections 326.37 326.361 to 326.45 326.44.

116.16    Sec. 12. [326B.50] DEFINITIONS.
116.17    Subdivision 1. Words, terms, and phrases. For the purposes of sections 326B.50
116.18to 326B.59, the terms defined in this section have the meanings given them.

116.19    Sec. 13. REVISOR'S INSTRUCTION.
116.20    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
116.21column A with the number listed in column B. The revisor shall also make necessary
116.22cross-reference changes consistent with the renumbering.

116.23	Column A	Column B
116.24	326.57	326B.52
116.25	326.58	326B.53
116.26	326.59	326B.54
116.27	326.60	326B.55
116.28	326.601	326B.56
116.29	326.61, subd. 1	326B.50, subd. 3
116.30	326.61, subd. 2	326B.50, subd. 4
116.31	326.61, subd. 3	326B.57
116.32	326.61, subd. 4	326B.50, subd. 2
116.33	326.62	326B.58
116.34	326.65	326B.59

117.3    Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:
117.4325E.58 SIGN CONTRACTOR; BOND.
117.5    (a) A sign contractor may post a compliance bond with the commissioner,
117.6conditioned that the sign contractor shall faithfully perform duties and comply with laws,
117.7ordinances, rules, and contracts entered into for the installation of signs. The bond must
117.8be renewed annually and maintained for so long as determined by the commissioner. The
117.9aggregate liability of the surety on the bond to any and all persons, regardless of the
117.10number of claims made against the bond, may not exceed the annual amount of the bond.
117.11The bond may be canceled as to future liability by the surety upon 30 days' written notice
117.12mailed to the commissioner by United States mail.
117.13    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by
117.14a local unit of government that requires sign installers contractors to post a compliance
117.15bond. The bond is in lieu of any compliance bond required by a local unit of government.
117.16    (c) For purposes of this section, "sign" means a device, structure, fixture, or
117.17placard using graphics, symbols, or written copy that is erected on the premises of an
117.18establishment including the name of the establishment or identifying the merchandise,
117.19services, activities, or entertainment available on the premises.

117.20    Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
117.21    Subd. 6. Lessee. "Lessee" means one who rents or leases residential real estate
117.22pursuant to a written lease agreement of at least one year's duration.

117.23    Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
117.24    Subd. 7. Licensee. "Licensee" means a residential building contractor, residential
117.25remodeler, manufactured home installer, or residential roofer licensed under sections
117.26326.83 to 326.991 326.98.

117.27    Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
117.28    Subd. 11. Owner. Except in section 326.91, subdivision 1, "owner" means a person
117.29who has any legal or equitable interest in real property. For purposes of sections 326.83
117.30to 326.991, "owner" does not include a residential building contractor or residential
117.31remodeler who constructs or improves its own property for purposes of speculation. A
117.32residential building contractor or residential remodeler will be presumed to be building or
117.33improving for purposes of speculation if it constructs or improves more than one property
117.34within any 24-month period. "Owner," when used in connection with real property, means
117.35a person who has any legal or equitable interest in the real property.

118.1    Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
118.2    Subd. 18. Residential roofer. "Residential roofer" means a person in the business
118.3of contracting, or offering to contract with an owner, to complete work on residential real
118.4estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of
118.5roof systems, but not construction of new roof systems.

118.6    Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
118.7    Subd. 19. Special skill. "Special skill" means one of the following eight categories:
118.8    (a) Excavation. Excavation includes work in any of the following areas:
118.9    (1) excavation;
118.10    (2) trenching;
118.11    (3) grading; and
118.12    (4) site grading.
118.13    (b) Masonry and concrete. Masonry and concrete includes work in any of the
118.14following areas:
118.15    (1) drain systems;
118.16    (2) poured walls;
118.17    (3) slabs and poured-in-place footings;
118.18    (4) masonry walls;
118.19    (5) masonry fireplaces;
118.20    (6) masonry veneer; and
118.21    (7) water resistance and waterproofing.
118.22    (c) Carpentry. Carpentry includes work in any of the following areas:
118.23    (1) rough framing;
118.24    (2) finish carpentry;
118.25    (3) doors, windows, and skylights;
118.26    (4) porches and decks, excluding footings;
118.27    (5) wood foundations; and
118.28    (6) drywall installation, excluding taping and finishing.
118.29    (d) Interior finishing. Interior finishing includes work in any of the following areas:
118.30    (1) floor covering;
118.31    (2) wood floors;
118.32    (3) cabinet and counter top installation;
118.33    (4) insulation and vapor barriers;
118.34    (5) interior or exterior painting;
118.35    (6) ceramic, marble, and quarry tile;
118.36    (7) ornamental guardrail and installation of prefabricated stairs; and
119.1    (8) wallpapering.
119.2    (e) Exterior finishing. Exterior finishing includes work in any of the following
119.3areas:
119.4    (1) siding;
119.5    (2) soffit, fascia, and trim;
119.6    (3) exterior plaster and stucco;
119.7    (4) painting; and
119.8    (5) rain carrying systems, including gutters and down spouts.
119.9    (f) Drywall and plaster. Drywall and plaster includes work in any of the following
119.10areas:
119.11    (1) installation;
119.12    (2) taping;
119.13    (3) finishing;
119.14    (4) interior plaster;
119.15    (5) painting; and
119.16    (6) wallpapering.
119.17    (g) Residential roofing. Residential roofing includes work in any of the following
119.18areas:
119.19    (1) roof coverings;
119.20    (2) roof sheathing;
119.21    (3) roof weatherproofing and insulation; and
119.22    (4) repair of roof support system, but not construction of new roof support system.
119.23    (h) General installation specialties. Installation includes work in any of the
119.24following areas:
119.25    (1) garage doors and openers;
119.26    (2) pools, spas, and hot tubs;
119.27    (3) fireplaces and wood stoves;
119.28    (4) asphalt paving and seal coating; and
119.29    (5) exterior plaster and stucco; and
119.30    (6) ornamental guardrail and prefabricated stairs.

119.31    Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:
119.32    Subd. 20. Specialty contractor. "Specialty contractor" means a person in the
119.33business of contracting or offering to contract to build or improve residential real estate by
119.34providing only one special skill as defined in this section.

119.35    Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:
119.36326.84 LICENSING REQUIREMENTS.
120.1    Subdivision 1. Persons required to be licensed. A person who meets the definition
120.2of a residential building contractor as defined in section 326.83, subdivision 15, must be
120.3licensed as a residential building contractor by the commissioner. A person who meets
120.4the definition of a residential remodeler as defined in section 326.83, subdivision 16,
120.5or a residential building contractor as defined in section 326.83, subdivision 15, must
120.6be licensed as a residential building contractor or residential remodeler. 16, must be
120.7licensed by the commissioner as a residential remodeler or residential building contractor.
120.8A person who meets the definition of a residential roofer as defined in section 18 must
120.9be licensed by the commissioner as a residential roofer, residential building contractor,
120.10or residential remodeler. A person who meets the definition of a manufactured home
120.11installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured
120.12home installer by the commissioner.
120.13    Subd. 1a. Persons who may be licensed. A person who meets the definition of
120.14a specialty contractor as defined in section 326.83, subdivision 20 19, may be licensed
120.15by the commissioner as a residential building contractor or residential remodeler unless
120.16required to be licensed by the state as a specialty contractor.
120.17    Subd. 1b. Prohibition. Except as provided in subdivision 3, no persons required
120.18to be licensed by subdivision 1 may act or hold themselves out as a residential building
120.19contractors or contractor, residential remodelers remodeler, residential roofer, or
120.20manufactured home installer for compensation without a valid license issued by the
120.21commissioner.
120.22    Subd. 1c. Licensing criteria. The examination and education requirements for
120.23licensure under sections 326.84 to 326.991 326.98 must be fulfilled by a qualifying person
120.24designated by the potential licensee. If the qualifying person is a managing employee, the
120.25qualifying person must be an employee who is regularly employed by the licensee and
120.26is actively engaged in the business of residential contracting or residential remodeling
120.27on behalf of the licensee. For a sole proprietorship, the qualifying person must be the
120.28proprietor or managing employee. For a partnership, the qualifying person must be a
120.29general partner or managing employee. For a limited liability company, the qualifying
120.30person must be a chief manager or managing employee. For a corporation, the qualifying
120.31person must be a chief executive officer an owner, officer, or managing employee. A
120.32qualifying person for a corporation or limited liability company may act as a the qualifying
120.33person for one additional corporation if one of the following conditions exists:
120.34    (1) there is a common ownership of at least 25 percent of each licensed corporation
120.35for which the person acts in a qualifying capacity; or
121.1    (2) one corporation is a subsidiary of another corporation for which the same person
121.2acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of
121.3which at least 25 percent is owned by the parent corporation. more than one corporation
121.4or limited liability company if there is common ownership of at least 25 percent among
121.5each of the licensed corporations or limited liability companies for which the person
121.6acts in the capacity of qualifying person.
121.7    Subd. 1d. Required information. (a) Each licensee or applicant for licensure shall
121.8provide to the commissioner a current street address and telephone number where the
121.9licensee resides, and a street address and telephone number where the licensee's business
121.10is physically located. A post office box address is not sufficient to satisfy this requirement.
121.11Each licensee or applicant for licensure must notify the commissioner in writing of any
121.12change in the required information within 15 days of the change.
121.13    (b) Each licensee or applicant for licensure must notify the commissioner in writing
121.14upon any change in control, ownership, officers or directors, personal name, business
121.15name, license name, or qualifying person, within 15 days of the change.
121.16    (c) Each licensee or applicant for licensure must notify the commissioner in writing if
121.17the licensee or applicant for licensure is found to be a judgment debtor based upon conduct
121.18requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
121.19    (d) Each licensee or applicant for licensure must notify the commissioner in writing
121.20within 15 days of filing a petition for bankruptcy.
121.21    (e) Each licensee or applicant for licensure must notify the commissioner in writing
121.22within ten days if the licensee or applicant for licensure has been found guilty of a felony,
121.23gross misdemeanor, misdemeanor, or any comparable offense related to residential
121.24contracting, including convictions of fraud, misrepresentation, misuse of funds, theft,
121.25criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this
121.26or any other state or any other United States jurisdiction.
121.27    Subd. 3. Exemptions. The license requirement does not apply to:
121.28    (1) an employee of a licensee performing work for the licensee;
121.29    (2) a material person, manufacturer, or retailer furnishing finished products,
121.30materials, or articles of merchandise who does not install or attach the items;
121.31    (3) an owner or owners of residential real estate who build or improve builds or
121.32improves any structure on residential real estate and who do the work themselves or
121.33jointly with the owner's own, if the building or improving is performed by the owner's
121.34bona fide employees or by individual owners personally. This exemption does not apply
121.35to a person who engages in a pattern of building or improving real estate for purposes of
121.36resale. Such a pattern is presumed to exist if the person constructs or improves more
122.1than one property within any 24-month period; an owner who constructs or improves
122.2property for purposes of speculation if the building or improving is performed by the
122.3owner's bona fide employees or by individual owners personally. A residential building
122.4contractor or residential remodeler will be presumed to be building or improving for
122.5purposes of speculation if the contractor or remodeler constructs or improves more than
122.6one property within any 24-month period.
122.7    (4) an architect or professional engineer engaging in professional practice as defined
122.8in this chapter by section 326.02, subdivisions 2 and 3;
122.9    (5) a person whose total gross annual receipts from projects regulated under this
122.10section for performing specialty skills for which licensure would be required under this
122.11section do not exceed $15,000;
122.12    (6) a mechanical contractor;
122.13    (7) a plumber, electrician, or other person whose profession is otherwise subject to
122.14statewide licensing, when engaged in the activity which is the subject of that licensure;
122.15    (8) specialty contractors who provide only one special skill as defined in section
122.16326.83 ;
122.17    (9) a school district, or a technical college governed under chapter 136F; and
122.18    (10) manufactured housing installers; and
122.19    (11) (10) Habitat for Humanity and Builders Outreach Foundation, and their
122.20individual volunteers when engaged in activities on their behalf.
122.21    To qualify for the exemption in clause (5), a person must obtain a certificate of
122.22exemption from licensing licensure from the commissioner.
122.23    A certificate of exemption will be issued upon the applicant's filing with the
122.24commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in
122.25gross annual receipts derived from contracting activities during the calendar year for which
122.26the exemption is requested performing services which require licensure under this section.
122.27    To renew the exemption in clause (5), the applicant must file an affidavit stating that
122.28the applicant did not exceed $15,000 in gross annual receipts during the past calendar
122.29year, and the applicant does not expect to exceed $15,000 in gross annual receipts during
122.30the calendar year for which the exemption is requested.
122.31    If a person, operating under the exemption in clause (5), exceeds $15,000 in gross
122.32receipts during any calendar year, the person must immediately surrender the exemption
122.33certificate and apply for the appropriate license. The person must remain licensed until
122.34such time as the person's gross annual receipts during a calendar year fall below $15,000.
122.35The person may then apply for this an exemption for the next calendar year.

122.36    Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:
123.1326.841 MANUFACTURED HOME INSTALLERS.
123.2    (a) Manufactured home installers are subject to all of the requirements of sections
123.3326.83 to 326.98, except for the following:
123.4    (1) manufactured home installers are not members of the advisory council under
123.5section 326.85;
123.6    (2) (1) manufactured home installers are not subject to the continuing education
123.7requirements of section 326.87, but are subject to the continuing education requirements
123.8established in rules adopted under section 327B.10 ;
123.9    (3) (2) the examination requirement of section 326.89, subdivision 3, for
123.10manufactured home installers shall be satisfied by successful completion of a written
123.11examination designed administered and developed specifically for the examination of
123.12manufactured home installers. The examination must be designed administered and
123.13developed by the commissioner in conjunction with the state building code division. The
123.14commissioner and State Building Code Division the state building official shall seek
123.15advice on the grading, monitoring, and updating of examinations from the Minnesota
123.16Manufactured Housing Association;
123.17    (4) the amount of the bond required by section 326.94 shall be $2,500 for
123.18manufactured home installers;
123.19    (5) (3) a local government unit may not place a surcharge on a license fee, and
123.20may not charge a separate fee to installers;
123.21    (6) (4) a dealer or distributor who does not install or repair manufactured homes is
123.22exempt from licensure under sections 326.83 to 326.98; and
123.23    (7) (5) the exemption under section 326.84, subdivision 3, clause (5), does not
123.24apply.; and
123.25    (6) manufactured home installers are not subject to the contractor recovery fund
123.26in section 326.975.
123.27    (b) The commissioner may waive all or part of the requirements for licensure
123.28as a manufactured home installer for any individual who holds an unexpired license or
123.29certificate issued by any other state or other United States jurisdiction if the licensing
123.30requirements of that jurisdiction meet or exceed the corresponding licensing requirements
123.31of the department.

123.32    Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:
123.33326.842 RESIDENTIAL ROOFERS.
123.34    Residential roofers are subject to all of the requirements of sections 326.83 to 326.98
123.35and 326.991, except the recovery fund in section 326.975.

123.36    Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:
124.1326.86 FEES.
124.2    Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to
124.3sections 326.83 to 326.991 326.98 is $100 per year.
124.4    Subd. 2. Local surcharge. A local government unit may place a surcharge in an
124.5amount no greater than $5 on each land use, zoning, or building permit that requires a
124.6licensed residential building contractor, residential remodeler, or specialty contractor
124.7residential roofer, or manufactured home installer for the purpose of license verification.
124.8The local government may verify a license by telephone or, facsimile machine or
124.9electronic communication. A local government unit shall not issue a land use, zoning, or
124.10building permit unless the required license has been verified and is current.
124.11EFFECTIVE DATE.The amendments to subdivision 1 are effective July 1, 2007.
124.12The amendments to subdivision 2 are effective December 1, 2007.

124.13    Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:
124.14326.87 CONTINUING EDUCATION.
124.15    Subdivision 1. Standards. The commissioner, in consultation with the council, may
124.16by rule adopt standards for continuing education requirements and course and instructor
124.17approval. The standards must include requirements for continuing education in the
124.18implementation of energy codes applicable to buildings and other building codes designed
124.19to conserve energy. Except for the course content, the standards must be consistent
124.20with the standards established for real estate agents and other professions licensed by
124.21the Department of Commerce. At a minimum, the content of one hour of any required
124.22continuing education must contain information on lead abatement rules and safe lead
124.23abatement procedures.
124.24    Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion
124.25of seven hours of continuing education per year in the regulated industry in which the
124.26licensee is licensed. To the extent the commissioner considers it appropriate, courses or
124.27parts of courses may be considered to satisfy both continuing education requirements
124.28under this section and continuing real estate education requirements.
124.29    Credit may not be earned if the licensee has previously obtained credit for the same
124.30course as either a student or instructor during the same licensing period.
124.31    Subd. 3. Accessibility. To the extent possible, the commissioner shall ensure that
124.32continuing education courses are offered throughout the state and are easily accessible
124.33to all licensees.
125.1    Subd. 4. Renewal of accreditation approval. The commissioner is authorized to
125.2establish a procedure for renewal of course accreditation approval.
125.3    Subd. 5. Content. (a) Continuing education consists of approved courses that
125.4impart appropriate and related knowledge in the regulated industries pursuant to sections
125.5326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related
125.6knowledge is upon the person seeking approval or credit.
125.7    (b) Course examinations will not be required for continuing education courses
125.8unless they are required by the sponsor.
125.9    (c) Textbooks are not required to be used for continuing education courses. If
125.10textbooks are not used, the coordinator must provide students with a syllabus containing,
125.11at a minimum, the course title, the times and dates of the course offering, the names and
125.12addresses or telephone numbers of the course coordinator and instructor, and a detailed
125.13outline of the subject materials to be covered. Any written or printed material given to
125.14students must be of readable quality and contain accurate and current information.
125.15    (d) Upon completion of an approved course, licensees shall earn one hour of
125.16continuing education credit for each hour approved by the commissioner. Each continuing
125.17education course must be attended in its entirety in order to receive credit for the number
125.18of approved hours. Courses may be approved for full or partial credit, and for more than
125.19one regulated industry.
125.20    Continuing education credit in an approved course shall be awarded to presenting
125.21instructors on the basis of one credit for each hour of preparation for the initial presentation,
125.22which may not exceed three hours total credit for each approved course. Continuing
125.23education credit may not be earned if the licensee has previously obtained credit for the
125.24same course as a licensee or as an instructor within the three years immediately prior.
125.25    (e) The following courses will not be approved for credit:
125.26    (1) courses designed solely to prepare students for a license examination;
125.27    (2) courses in mechanical office or business skills, including typing, speed reading,
125.28or other machines or equipment. Computer courses are allowed, if appropriate and related
125.29to the regulated industry of the licensee;
125.30    (3) courses in sales promotion, including meetings held in conjunction with the
125.31general business of the licensee;
125.32    (4) courses in motivation, salesmanship, psychology, time management, or
125.33communication; or
125.34    (5) courses that are primarily intended to impart knowledge of specific products of
125.35specific companies, if the use of the product or products relates to the sales promotion or
125.36marketing of one or more of the products discussed.
126.1    Subd. 6. Course approval. (a) Courses must be approved by the commissioner
126.2in advance and will be approved on the basis of the applicant's compliance with the
126.3provisions of this section relating to continuing education in the regulated industries. The
126.4commissioner shall make the final determination as to the approval and assignment of
126.5credit hours for courses. Courses must be at least one hour in length.
126.6    Individuals requesting credit for continuing education courses that have not
126.7been previously approved shall, on a form prescribed by the commissioner, submit an
126.8application for approval of continuing education credit accompanied by a nonrefundable
126.9fee of $10 for each course to be reviewed. To be approved, courses must be in compliance
126.10with the provisions of this section governing the types of courses that will and will not
126.11be approved.
126.12    Approval will not be granted for time spent on meals or other unrelated activities.
126.13Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
126.14offered by a provider to any one student for longer than eight hours in one day, excluding
126.15meal breaks.
126.16    (b) Application for course approval must be submitted 30 days before the course
126.17offering.
126.18    (c) Approval must be granted for a subsequent offering of identical continuing
126.19education courses without requiring a new application if a notice of the subsequent
126.20offering is filed with the commissioner at least 30 days in advance of the date the course is
126.21to be held. The commissioner shall deny future offerings of courses if they are found not
126.22to be in compliance with the laws relating to course approval.
126.23    Subd. 7. Courses open to all. All course offerings must be open to any interested
126.24individuals. Access may be restricted by the sponsor based on class size only. Courses
126.25must not be approved if attendance is restricted to any particular group of people, except
126.26for company-sponsored courses allowed by applicable law.
126.27    Subd. 8. Course coordinator. (a) Each course of study shall have at least one
126.28coordinator, approved by the commissioner, who is responsible for supervising the
126.29program and ensuring compliance with all relevant law. Sponsors may engage an
126.30additional approved coordinator in order to assist the coordinator or to act as a substitute
126.31for the coordinator in the event of an emergency or illness.
126.32    (b) The commissioner shall approve as a coordinator a person meeting one or more
126.33of the following criteria:
126.34    (1) at least three years of full-time experience in the administration of an education
126.35program during the five-year period immediately before the date of application;
127.1    (2) a degree in education plus two years' experience during the immediately
127.2preceding five-year period in one of the regulated industries for which courses are being
127.3approved; or
127.4    (3) a minimum of five years' experience within the previous six years in the regulated
127.5industry for which courses are held.
127.6    Subd. 9. Responsibilities. A coordinator is responsible for:
127.7    (1) ensuring compliance with all laws and rules relating to continuing educational
127.8offerings governed by the commissioner;
127.9    (2) ensuring that students are provided with current and accurate information relating
127.10to the laws and rules governing their licensed activity;
127.11    (3) supervising and evaluating courses and instructors. Supervision includes
127.12ensuring that all areas of the curriculum are addressed without redundancy and that
127.13continuity is present throughout the entire course;
127.14    (4) ensuring that instructors are qualified to teach the course offering;
127.15    (5) furnishing the commissioner, upon request, with copies of course and instructor
127.16evaluations and qualifications of instructors. Evaluations must be completed by students at
127.17the time the course is offered and by coordinators within five days after the course offering;
127.18    (6) investigating complaints related to course offerings or instructors. A copy of
127.19the written complaint must be sent to the commissioner within ten days of receipt of
127.20the complaint and a copy of the complaint resolution must be sent not more than ten
127.21days after resolution is reached;
127.22    (7) maintaining accurate records relating to course offerings, instructors, tests
127.23taken by students if required, and student attendance for a period of three years from the
127.24date on which the course was completed. These records must be made available to the
127.25commissioner upon request. In the event that a sponsor ceases operation for any reason,
127.26the coordinator is responsible for maintaining the records or providing a custodian for the
127.27records acceptable to the commissioner. The coordinator must notify the commissioner
127.28of the name and address of that person. In order to be acceptable to the commissioner,
127.29custodians must agree to make copies of acknowledgments available to students at a
127.30reasonable fee. Under no circumstances will the commissioner act as custodian of the
127.31records;
127.32    (8) ensuring that the coordinator is available to instructors and students throughout
127.33course offerings and providing to the students and instructor the name of the coordinator
127.34and a telephone number at which the coordinator can be reached;
127.35    (9) attending workshops or instructional programs as reasonably required by the
127.36commissioner;
128.1    (10) providing course completion certificates within ten days of, but not before,
128.2completion of the entire course. Course completion certificates must be completed in
128.3their entirety. Course completion certificates must contain the following statement: "If
128.4you have any comments about this course offering, please mail them to the Minnesota
128.5Department of Labor and Industry." The current address of the department must be
128.6included. A coordinator may require payment of the course tuition as a condition for
128.7receiving the course completion certificate; and
128.8    (11) notifying the commissioner in writing within ten days of any change in the
128.9information in an application for approval on file with the commissioner.
128.10    Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
128.11who is qualified by education, training, or experience to ensure competent instruction.
128.12Failure to have only qualified instructors teach at an approved course offering will result
128.13in loss of course approval. Coordinators are responsible to ensure that an instructor is
128.14qualified to teach the course offering.
128.15    (b) Qualified continuing education instructors must have one of the following
128.16qualifications:
128.17    (1) a four-year degree in any area plus two years' practical experience in the subject
128.18area being taught;
128.19    (2) five years' practical experience in the subject area being taught; or
128.20    (3) a college or graduate degree in the subject area being taught.
128.21    (c) Approved instructors are responsible for:
128.22    (1) compliance with all laws and rules relating to continuing education;
128.23    (2) providing students with current and accurate information;
128.24    (3) maintaining an atmosphere conducive to learning in the classroom;
128.25    (4) verifying attendance of students, and certifying course completion;
128.26    (5) providing assistance to students and responding to questions relating to course
128.27materials; and
128.28    (6) attending the workshops or instructional programs that are required by the
128.29commissioner.
128.30    Subd. 11. Prohibited practices for coordinators and instructors. (a) In
128.31connection with an approved continuing education course, coordinators and instructors
128.32shall not:
128.33    (1) recommend or promote the services or practices of a particular business;
128.34    (2) encourage or recruit individuals to engage the services of, or become associated
128.35with, a particular business;
128.36    (3) use materials, clothing, or other evidences of affiliation with a particular entity;
129.1    (4) require students to participate in other programs or services offered by the
129.2instructor, coordinator, or sponsor;
129.3    (5) attempt, either directly or indirectly, to discover questions or answers on an
129.4examination for a license;
129.5    (6) disseminate to any other person specific questions, problems, or information
129.6known or believed to be included in licensing examinations;
129.7    (7) misrepresent any information submitted to the commissioner;
129.8    (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in
129.9the course outline approved by the commissioner during the approved instruction; or
129.10    (9) issue inaccurate course completion certificates.
129.11    (b) Coordinators shall notify the commissioner within ten days of a felony or
129.12gross misdemeanor conviction or of disciplinary action taken against an occupational or
129.13professional license held by the coordinator or an instructor teaching an approved course.
129.14The notification shall be grounds for the commissioner to withdraw the approval of the
129.15coordinator and to disallow the use of the instructor.
129.16    Subd. 12. Fees. Fees for an approved course of study and related materials must
129.17be clearly identified to students. In the event that a course is canceled for any reason, all
129.18fees must be returned within 15 days from the date of cancellation. In the event that a
129.19course is postponed for any reason, students shall be given the choice of attending the
129.20course at a later date or having their fees refunded in full within 15 days from the date
129.21of postponement. If a student is unable to attend a course or cancels the registration in a
129.22course, sponsor policies regarding refunds shall govern.
129.23    Subd. 13. Facilities. Each course of study must be conducted in a classroom
129.24or other facility that is adequate to comfortably accommodate the instructors and the
129.25number of students enrolled. The sponsor may limit the number of students enrolled in a
129.26course. Approved courses may be held on the premises of a company doing business in
129.27the regulated area only when the company is sponsoring the course offering, or where
129.28product application is appropriate and related.
129.29    Subd. 14. Supplementary materials. An adequate supply of supplementary
129.30materials to be used or distributed in connection with an approved course must be available
129.31at the time and place of the course offering in order to ensure that each student receives all
129.32of the necessary materials. Outlines and any other materials that are reproduced must be
129.33of readable quality.
129.34    Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
129.35of continuing education courses.
130.1    (b) Advertising must be truthful and not deceptive or misleading. Courses may not
130.2be advertised in any manner as approved unless approval has been granted in writing by
130.3the commissioner.
130.4    (c) No advertisement, pamphlet, circular, or other similar materials pertaining to
130.5an approved offering may be circulated or distributed in this state, unless the following
130.6statement is prominently displayed:
130.7    "This course has been approved by the Minnesota Department of Labor and Industry
130.8for ....... (approved number of hours) hours for continuing ....... (relevant industry)
130.9education."
130.10    (d) Advertising of approved courses must be clearly distinguishable from the
130.11advertisement of other nonapproved courses and services.
130.12    (e) Continuing education courses may not be advertised before approval unless the
130.13course is described in the advertising as "approval pending" and an application for approval
130.14has been timely submitted to the commissioner and a denial has not been received.
130.15    (f) The number of hours for which a course has been approved must be prominently
130.16displayed on an advertisement for the course. If the course offering is longer than the
130.17number of hours of credit to be given, it must be clear that credit is not earned for the
130.18entire course.
130.19    (g) The course approval number must not be included in any advertisement.
130.20    Subd. 16. Notice to students. At the beginning of each approved offering, the
130.21following notice must be handed out in printed form or must be read to students:
130.22    "This educational offering is recognized by the Minnesota Department of Labor and
130.23Industry as satisfying ....... (insert number of hours approved) hours of credit toward
130.24continuing ....... (insert appropriate industry) education requirements."
130.25    Subd. 17. Audits. The commissioner reserves the right to audit subject offerings
130.26with or without notice to the sponsor.
130.27    Subd. 18. Falsification of reports. A licensee, its qualified person, or an applicant
130.28found to have falsified an education report to the commissioner shall be considered to
130.29have violated the laws relating to the industry for which the person has a license and
130.30shall be subject to censure, limitation, condition, suspension, or revocation of the license
130.31or denial of the application for licensure.
130.32    The commissioner reserves the right to audit a licensee's continuing education
130.33records.
130.34    Subd. 19. Waivers and extensions. If a licensee provides documentation to the
130.35commissioner that the licensee or its qualifying person is unable, and will continue to be
131.1unable, to attend actual classroom course work because of a physical disability, medical
131.2condition, or similar reason, attendance at continuing education courses shall be waived
131.3for a period not to exceed one year. The commissioner shall require that the licensee or
131.4its qualifying person satisfactorily complete a self-study program to include reading a
131.5sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
131.6regulated industry, as would be necessary for the licensee to satisfy continuing educational
131.7credit hour needs. The commissioner shall award the licensee credit hours for a self-study
131.8program by determining how many credit hours would be granted to a classroom course
131.9involving the same material and giving the licensee the same number of credit hours under
131.10this part. The licensee may apply each year for a new waiver upon the same terms and
131.11conditions as were necessary to secure the original waiver, and must demonstrate that in
131.12subsequent years, the licensee was unable to complete actual classroom course work.
131.13The commissioner may request documentation of the condition upon which the request
131.14for waiver is based as is necessary to satisfy the commissioner of the existence of the
131.15condition and that the condition does preclude attendance at continuing education courses.
131.16    Upon written proof demonstrating a medical hardship, the commissioner shall
131.17extend, for up to 90 days, the time period during which the continuing education must be
131.18successfully completed. Loss of income from either attendance at courses or cancellation
131.19of a license is not a bona fide financial hardship. Requests for extensions must be
131.20submitted to the commissioner in writing no later than 60 days before the education is
131.21due and must include an explanation with verification of the hardship, plus verification of
131.22enrollment at an approved course of study on or before the extension period expires.
131.23    Subd. 20. Reporting requirements. Required continuing education must be
131.24reported in a manner prescribed by the commissioner. Licensees are responsible for
131.25maintaining copies of course completion certificates.
131.26    Subd. 21. Residential building contractor, residential remodeler, and residential
131.27roofer education. (a) Each licensee must, during the licensee's first complete continuing
131.28education reporting period, complete and report one hour of continuing education relating
131.29to lead abatement rules in safe lead abatement procedures.
131.30    (b) Each licensee must, during each continuing education reporting period, complete
131.31and report one hour of continuing education relating to energy codes for buildings and
131.32other building codes designed to conserve energy.
131.33    Subd. 22. Continuing education approval. (a) Continuing education courses must
131.34be approved in advance by the commissioner of labor and industry. "Sponsor" means any
131.35person or entity offering approved education.
132.1    (b) For coordinators with an initial approval date before August 1, 2005, approval
132.2will expire on December 31, 2005. For courses with an initial approval date on or before
132.3December 31, 2000, approval will expire on April 30, 2006. For courses with an initial
132.4approval date after January 1, 2001, but before August 1, 2005, approval will expire
132.5on April 30, 2007.
132.6    Subd. 23. Continuing education fees. The following fees shall be paid to the
132.7commissioner:
132.8    (1) initial course approval, $10 for each hour or faction of one hour of continuing
132.9education course approval sought. Initial course approval expires on the last day of the
132.1024th month after the course is approved;
132.11    (2) renewal of course approval, $10 per course. Renewal of course approval expires
132.12on the last day of the 24th month after the course is renewed;
132.13    (3) initial coordinator approval, $100. Initial coordinator approval expires on the last
132.14day of the 24th month after the coordinator is approved; and
132.15    (4) renewal of coordinator approval, $10. Renewal of coordinator approval expires
132.16on the last day of the 24th month after the coordinator is renewed.
132.17    Subd. 24. Refunds. All fees paid to the commissioner under this section are
132.18nonrefundable, except that an overpayment of a fee shall be returned upon proper
132.19application.

132.20    Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:
132.21326.88 LOSS OF QUALIFYING PERSON.
132.22    Upon the departure or disqualification of a licensee's qualifying person because of
132.23death, disability, retirement, position change, or other reason, the licensee must notify
132.24the commissioner within 15 business days. The licensee shall have 120 days from the
132.25departure of the qualifying person to obtain a new qualifying person. Failure to secure a
132.26new qualifying person within 120 days will, with or without notice, result in the automatic
132.27termination of the license.

132.28    Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:
132.29326.89 APPLICATION AND EXAMINATION.
132.30    Subdivision 1. Form. An applicant for a license under sections 326.83 to 326.98
132.31must submit an application to the commissioner, under oath and accompanied by the
132.32license fee required by section 326.86, on a form prescribed by the commissioner.
132.33Within 30 business days of receiving all required information, the commissioner must
132.34act on the license request. If one of the categories in the application does not apply, the
132.35applicant must identify the category and state the reason the category does not apply. The
133.1commissioner may refuse to issue a license if the application is not complete or contains
133.2unsatisfactory information.
133.3    Subd. 2. Contents. The Each application must include the following information
133.4regarding the applicant:
133.5    (1) Minnesota workers' compensation insurance certificate;
133.6    (2) employment insurance account number;
133.7    (3) certificate of liability insurance;
133.8    (4) type of license requested;
133.9    (5) name and, current address of the applicant:, and telephone number where the
133.10applicant resides;
133.11    (i) (6) name and address of the applicant's qualifying person, if other than applicant;
133.12and
133.13    (ii) (7) if the applicant is a sole proprietorship, the name and address of the sole
133.14proprietor; if the applicant is a partnership, the name and address of each partner; if the
133.15applicant is a limited liability company, the name and address of each governor and
133.16manager; if the applicant is a corporation, the name and address of each of the corporate
133.17officers, directors, and all shareholders holding more than ten percent of the outstanding
133.18stock in the corporation;
133.19    (8) name and address of the applicant's agent in this state authorized to receive
133.20service of process, and a consent to service of process as required by section 326.93;
133.21    (9) current street address and telephone number where the business is physically
133.22located;
133.23    (6) (10) whether the applicant, any employee, or qualifying person has ever been
133.24licensed in this or any other state and has had a professional or vocational license
133.25reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been
133.26the subject of any administrative action;
133.27    (7) (11) whether the applicant, qualifying person, or any of the applicant's corporate
133.28or partnership directors, limited liability company governors, officers, limited or general
133.29partners, managers, all shareholders holding more than ten percent of the share of the
133.30corporation that have been issued, or all members holding more than ten percent of the
133.31voting power of the membership interests that have been issued, has been convicted
133.32of a crime that either related directly to the business for which the license is sought or
133.33involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil
133.34action involving fraud, misrepresentation, construction defect, negligence, or breach
133.35of contract, or conversion of funds within the ten years prior to the submission of the
133.36application; or has had any government license or permit reprimanded, censured, limited,
134.1conditioned, suspended, or revoked as a result of an action brought by a federal, state, or
134.2local governmental unit or agency in this or any other state;
134.3    (8) (12) the applicant's and qualifying person's business history for the past five
134.4years and whether the applicant, any a managing employee, or qualifying person has ever
134.5filed for bankruptcy or protection from creditors or has any unsatisfied judgments against
134.6the applicant, employee, or qualifying person;
134.7    (9) (13) where the applicant is a firm, partnership, sole proprietorship, limited
134.8liability company, corporation, or association, whether there has been a sale or transfer of
134.9the business or other change in ownership, control, or name in the last five years and the
134.10details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated,
134.11parent, or related entities, and whether each such entity, or its owners, officers, directors,
134.12members or shareholders holding more than ten percent of the stock, or an employee has
134.13ever taken or been subject to an action that is subject to clause (6), (7), or (8) (10), (11),
134.14or (12) in the last ten years; and
134.15    (10) (14) whether the qualifying person is the qualifying person for more than one
134.16licensee.
134.17    For purposes of this subdivision, "applicant" includes employees who exercise
134.18management or policy control over the residential contracting and remodeling, residential
134.19remodeling, residential roofing, or manufactured home installation activities in the state
134.20of Minnesota, including affiliates, partners, directors, governors, officers, limited or
134.21general partners, managers, all shareholders holding more than ten percent of the shares
134.22that have been issued, a shareholder holding more than ten percent of the voting power
134.23of the shares that have been issued, or all members holding more than ten percent of the
134.24membership interests that have been issued or more than ten percent of the voting power
134.25of the membership interests that have been issued.
134.26    The commissioner may require further information as the commissioner deems
134.27appropriate to administer the provisions and further the purposes of this chapter.
134.28    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete a
134.29written examination for the type of license requested. The commissioner may establish
134.30the examination qualifications, including related education experience and education, the
134.31examination procedure, and the examination for each licensing group. The examination
134.32must include at a minimum the following areas:
134.33    (1) appropriate knowledge of technical terms commonly used and the knowledge of
134.34reference materials and code books to be used for technical information; and
134.35    (2) understanding of the general principles of business management and other
134.36pertinent state laws.
135.1    (b) Each examination must be designed for the specified type of license requested.
135.2The council shall advise the commissioner on the grading, monitoring, and updating of
135.3examinations.
135.4    (c) A person's An individual's passing examination results expire two years from
135.5the examination date. A person An individual who passes the examination but does not
135.6choose to apply to act as a qualifying person for a licensee within two years from the
135.7examination date, must, upon application provide:
135.8    (1) passing examination results within two years from the date of application; or
135.9    (2) proof that the person has fulfilled the continuing education requirements in
135.10section 326.87 in the manner required for a qualifying person of a licensee for each license
135.11period after the expiration of the examination results.
135.12    Subd. 4. Competency skills. The commissioner shall, in consultation with the
135.13council, determine the competency skills and installation knowledge required for the
135.14licensing of specialty contractors.
135.15    Subd. 5. Exemption. A general retailer whose primary business is not being a
135.16residential building contractor, residential remodeler, or specialty contractor residential
135.17roofer, or manufactured home installer, and who has completed a comparable license
135.18examination meeting or exceeding Minnesota's examination requirements in another state
135.19is exempt from subdivisions subdivision 3 and 4 and sections 326.87 and 326.88.
135.20    Subd. 6. Additional licensing requirements. As an alternative to denying an
135.21application for licensure pursuant to section 326.91, subdivision 1, the commissioner
135.22may, as a condition of licensure and based upon information received pursuant to
135.23section 326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section 326.91,
135.24subdivision 1 , clauses (1) to (9), impose additional insurance, bonding, reporting, record
135.25keeping, and other requirements on the applicant as are reasonable to protect the public.
135.26    Subd. 7. License. A nonresident of Minnesota may be licensed as a residential
135.27building contractor, residential remodeler, residential roofer, or manufactured home
135.28installer upon compliance with all the provisions of sections 326.83 to 326.98.

135.29    Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:
135.30    Subdivision 1. Local license prohibited. Except as provided in sections 326.90,
135.31subdivision 2 , and 326.991, a political subdivision may not require a person licensed
135.32under sections 326.83 to 326.991 326.98 to also be licensed or pay a registration or other
135.33fee related to licensure under any ordinance, law, rule, or regulation of the political
135.34subdivision. This section does not prohibit charges for building permits or other charges
135.35not directly related to licensure.

136.1    Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:
136.2    Subdivision 1. Cause Grounds. The commissioner may by order deny, suspend, or
136.3revoke any license or may censure a licensee, and may impose a civil penalty as provided
136.4for in section 45.027, subdivision 6, if the commissioner finds that the order is in the
136.5public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or
136.6other agent, owner, partner, director, governor, shareholder, member, officer, qualifying
136.7person, or managing employee of the applicant or licensee or any person occupying a
136.8similar status or performing similar functions: In addition to the grounds set forth in
136.9section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place
136.10conditions on, or revoke a license or certificate of exemption, or may censure the person
136.11holding the license or certificate of exemption, if the applicant, licensee, certificate of
136.12exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of
136.13exemption holder, or other agent owner has:
136.14    (1) has filed an application for a license licensure or a certificate of exemption
136.15which is incomplete in any material respect or contains any statement which, in light
136.16of the circumstances under which it is made, is false or misleading with respect to any
136.17material fact;
136.18    (2) has engaged in a fraudulent, deceptive, or dishonest practice;
136.19    (3) is permanently or temporarily enjoined by any court of competent jurisdiction
136.20from engaging in or continuing any conduct or practice involving any aspect of the
136.21business;
136.22    (4) has failed to reasonably supervise employees, agents, subcontractors, or
136.23salespersons, or has performed negligently or in breach of contract, so as to cause injury
136.24or harm to the public;
136.25    (5) has violated or failed to comply with any provision of sections 326.83 to 326.98
136.26or, any rule or order under sections 326.83 to 326.98 or any other law, rule, or order related
136.27to the duties and responsibilities entrusted to the commissioner;
136.28    (6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
136.29    (7) (6) has been convicted of a violation of the State Building Code or, in
136.30jurisdictions that do not enforce the State Building Code, has refused to comply with
136.31a notice of violation or stop order issued by a certified building official, or in local
136.32jurisdictions that have not adopted the State Building Code has refused to correct a
136.33violation of the State Building Code when the violation has been certified documented
136.34or a notice of violation or stop order issued by a Minnesota licensed structural engineer
136.35certified building official has been received;
137.1    (8) (7) has failed to use the proceeds of any payment made to the licensee for the
137.2construction of, or any improvement to, residential real estate, as defined in section 326.83,
137.3subdivision 17 , for the payment of labor, skill, material, and machinery contributed to the
137.4construction or improvement, knowing that the cost of any labor performed, or skill,
137.5material, or machinery furnished for the improvement remains unpaid;
137.6    (9) (8) has not furnished to the person making payment either a valid lien waiver as to
137.7any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
137.8or a payment bond in the basic amount of the contract price for the improvement
137.9conditioned for the prompt payment to any person or persons entitled to payment;
137.10    (10) has engaged in conduct which was the basis for a contractor's recovery fund
137.11payment pursuant to section 326.975, which payment has not been reimbursed; (9) has
137.12engaged in an act or practice that results in compensation to an aggrieved owner or lessee
137.13from the contractor recovery fund pursuant to section 36B.825, unless:
137.14    (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
137.15plus interest at the rate of 12 percent per year; and
137.16    (ii) the applicant or licensee has obtained a surety bond in the amount of at least
137.17$40,000, issued by an insurer authorized to transact business in this state.
137.18    (11) (10) has engaged in bad faith, unreasonable delays, or frivolous claims in
137.19defense of a civil lawsuit or arbitration arising out of their activities as a licensee or
137.20certificate of exemption holder under this chapter;
137.21    (12) (11) has had a judgment entered against them for failure to make payments to
137.22employees or, subcontractors, or suppliers, that the licensee has failed to satisfy and all
137.23appeals of the judgment have been exhausted or the period for appeal has expired;
137.24    (13) (12) if unlicensed, has obtained a building permit by the fraudulent use of a
137.25fictitious license number or the license number of another, or, if licensed, has knowingly
137.26allowed an unlicensed person to use the licensee's license number for the purpose of
137.27fraudulently obtaining a building permit; or has applied for or obtained a building permit
137.28for an unlicensed person.
137.29    (14) (13) has made use of a forged mechanics' mechanic's lien waivers waiver under
137.30chapter 514.;
137.31    (14) has provided false, misleading or incomplete information to the commissioner
137.32or has refused to allow a reasonable inspection of records or premises;
137.33    (15) has engaged in an act or practice whether or not the act or practice directly
137.34involves the business for which the person is licensed, that demonstrates that the applicant
137.35or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
137.36unqualified to act under the license granted by the commissioner; or
138.1    (16) has failed to comply with requests for information, documents, or other requests
138.2from the department within the time specified in the request or, if no time is specified,
138.3within 30 days of the mailing of the request by the department.

138.4    Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:
138.5326.92 PENALTIES.
138.6    Subdivision 1. Misdemeanor. A person required to be licensed under sections
138.7326.83 to 326.991 who performs unlicensed work is guilty of a misdemeanor.
138.8    Subd. 1a. Gross misdemeanor. A person required to be licensed under sections
138.9326.84 to 326.991 who violates an order under subdivision 3 An individual who violates
138.10an order of the commissioner or is the manager, officer, or director of a person who
138.11violates an order issued by the commissioner is guilty of a gross misdemeanor.
138.12    Subd. 2. Lien rights. An unlicensed person who knowingly violates sections 326.83
138.13to 326.98 has no right to claim a lien under section 514.01 and the lien is void. Nothing
138.14in this section affects the lien rights of material suppliers and licensed contractors to the
138.15extent provided by law.
138.16    Subd. 3. Commissioner action. The commissioner may bring actions, including
138.17cease and desist actions, against any person licensed or required to be licensed under
138.18sections 326.83 to 326.991 to protect the public health, safety, and welfare.

138.19    Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:
138.20326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE
138.21OF PERMIT APPLICATION.
138.22    Subdivision 1. Building permit. A political subdivision shall not issue a building
138.23permit to an unlicensed person who is required to be licensed under sections 326.83 to
138.24326.991 326.98 . A political subdivision that issues zoning or land use permits in lieu of
138.25a building permit shall not issue those permits to an unlicensed person who is required
138.26to be licensed under sections 326.83 to 326.991 326.98. The political subdivision shall
138.27report the person applying for the permit to the commissioner who may bring an action
138.28against the person.
138.29    Subd. 2. Notice of building permit application. A political subdivision shall notify
138.30the department when an application for building permit involving the construction of new
138.31residential real estate has been received from an unlicensed person by submitting a copy
138.32of the application to the department within two business days of receipt of the application.
138.33The political subdivision may submit a copy of the building permit application by
138.34facsimile, United States mail, or electronic communication.

139.1    Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:
139.2326.93 SERVICE OF PROCESS; NONRESIDENT LICENSING.
139.3    Subdivision 1. License. A nonresident of Minnesota may be licensed as a residential
139.4building contractor or residential remodeler upon compliance with all the provisions of
139.5sections 326.83 to 326.991.
139.6    Subd. 2. Service of process. Service of process upon a person performing work in
139.7the state of a type that would require a license under sections 326.83 to 326.98 may be
139.8made as provided in section 45.028.
139.9    Subd. 3. Procedure. Every applicant for licensure or certificate of exemption
139.10under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the
139.11commissioner and successors in office to be the applicant's agent to receive service of any
139.12lawful process in any noncriminal suit, action, or proceeding against the applicant or a
139.13successor, executor, or administrator which arises under section 326.83 to 326.98 or any
139.14rule or order thereunder after the consent has been filed, with the same force and validity
139.15as if served personally on the person filing the consent. Service under this section shall be
139.16made in compliance with subdivision 5.
139.17    Subd. 4. Service on commissioner. (a) When a person, including any nonresident
139.18of this state, engages in conduct prohibited or made actionable by sections 326.83 to
139.19326.98, or any rule or order under those sections, and the person has not consented to
139.20service of process under subdivision 3, that conduct is equivalent to an appointment of the
139.21commissioner and successors in office as the person's agent to receive service of process in
139.22any noncriminal suit, action, or proceeding against the person that is based on that conduct
139.23and is brought under sections 326.83 to 326.98, or any rule or order under those sections,
139.24with the same force and validity as if served personally on the person consenting to the
139.25appointment of the commissioner and successors in office. Service under this section shall
139.26be made in compliance with subdivision 5.
139.27    (b) Subdivision 5 applies in all other cases in which a person, including a nonresident
139.28of this state, has filed a consent to service of process. This paragraph supersedes any
139.29inconsistent provision of law.
139.30    (c) Subdivision 5 applies in all cases in which service of process is allowed to be
139.31made on the commissioner.
139.32    (d) Subdivision 5 applies to any document served by the commissioner or the
139.33department under section 326B.08.
140.1    Subd. 5. How made. Service of process under this section may be made by leaving
140.2a copy of the process in the office of the commissioner, or by sending a copy of the process
140.3to the commissioner by certified mail, and is not effective unless:
140.4    (1) the plaintiff, who may be the commissioner in an action or proceeding instituted
140.5by the commissioner, sends notice of the service and a copy of the process by certified
140.6mail to the defendant or respondent at the last known address; and
140.7    (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or
140.8before the return day of the process, if any, or within further time as the court allows.

140.9    Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:
140.10326.94 BOND; INSURANCE.
140.11    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed
140.12residential roofers must post a license surety bond in the name of the licensee with the
140.13commissioner, conditioned that the applicant shall faithfully perform the duties and
140.14in all things comply with all laws, ordinances, and rules pertaining to the license or
140.15permit applied for and all contracts entered into. The annual bond must be continuous
140.16and maintained for so long as the licensee remains licensed. The aggregate liability of
140.17the surety on the bond to any and all persons, regardless of the number of claims made
140.18against the bond, may not exceed the amount of the bond. The bond may be canceled as
140.19to future liability by the surety upon 30 days' written notice mailed to the commissioner
140.20by regular mail.
140.21    (b) A licensed residential roofer must post a bond of at least $5,000 $15,000.
140.22    (c) A licensed manufactured home installer must post a bond of at least $2,500.
140.23    Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for
140.24purposes of sections 8.05 and 16C.05, subdivision 2.
140.25    Subd. 2. Insurance. Licensees must have public liability insurance with limits of at
140.26least $100,000 $300,000 per occurrence, which must include at least $10,000 property
140.27damage coverage. The insurance must be written by an insurer licensed to do business in
140.28this state. The commissioner may increase the minimum amount of insurance required
140.29for any licensee or class of licensees if the commissioner considers it to be in the public
140.30interest and necessary to protect the interests of Minnesota consumers.

140.31    Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:
140.32    Subd. 2. Advertising. The license number of a licensee must appear in any
140.33advertising by that licensee including but not limited to signs, vehicles, business cards,
140.34published display ads, flyers, and brochures, Web sites, and Internet ads.

140.35    Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:
141.1326.96 PUBLIC EDUCATION.
141.2    The commissioner may develop materials and programs to educate the public
141.3concerning licensing licensure requirements and methods. The commissioner may
141.4develop materials for reporting unlicensed contracting activity. The commissioner shall
141.5provide information in other languages.

141.6    Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:
141.7326.97 LICENSE RENEWAL.
141.8    Subdivision 1. Renewal. Licensees A licensee whose applications have fully
141.9completed renewal application has been properly and timely filed and who have has
141.10not received a notice of denial of renewal are is considered to have been approved for
141.11renewal and may continue to transact business whether or not the renewed license has
141.12been received. Applications are timely if received or postmarked by March 1 of the
141.13renewal year. Applications must be made on a form approved by the commissioner.
141.14An application for renewal that does not contain all of the information requested is an
141.15incomplete application and will not be processed.
141.16    Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993,
141.17must be renewed annually.
141.18    Subd. 2. Failure to apply renew. A person who has failed to make a timely
141.19application for renewal of a license by March 31 of the renewal year is unlicensed at
141.2011:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed until
141.21the a renewed license has been issued by the commissioner and is received by the applicant.
141.22    Subd. 3. Expiration. All licenses expire at 11:59:59 p.m. central time on March 31
141.23of the renewal year if not properly renewed.

141.24    Sec. 24. [326B.801] SCOPE.
141.25    Except as otherwise provided by law, the provisions of sections 326B.801 to
141.26326B.825 apply to residential contractors, residential remodelers, residential roofers,
141.27and manufactured home installers.

141.28    Sec. 25. [326B.809] WRITTEN CONTRACT REQUIRED.
141.29    (a) All agreements including proposals, estimates, bids, quotations, contracts,
141.30purchase orders, and change orders between a licensee and a customer for the performance
141.31of a licensee's services must be in writing and must contain the following:
141.32    (1) a detailed summary of the services to be performed;
141.33    (2) a description of the specific materials to be used or a list of standard features
141.34to be included; and
142.1    (3) the total contract price or a description of the basis on which the price will
142.2be calculated.
142.3    (b) All agreements shall be signed and dated by the licensee and customer.
142.4    (c) The licensee shall provide to the customer, at no charge, a signed and dated
142.5document at the time that the licensee and customer sign and date the document.
142.6Documents include agreements and mechanic's lien waivers.

142.7    Sec. 26. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
142.8    Chapter 364 does not apply to an applicant for a license or to a licensee where
142.9the underlying conduct on which the conviction is based would be grounds for denial,
142.10censure, suspension, or revocation of the license.

142.11    Sec. 27. [326B.82] DEFINITIONS.
142.12    Subdivision 1. Words, terms, and phrases. For the purposes of section 326.87,
142.13the terms defined in this section have the meanings given them, unless the context clearly
142.14indicates otherwise.
142.15    Subd. 2. Appropriate and related knowledge. "Appropriate and related
142.16knowledge" means facts, information, or principles that are clearly relevant to the licensee
142.17in performing responsibilities under a license issued by the commissioner. These facts,
142.18information, or principles must convey substantive and procedural knowledge as it relates
142.19to postlicensing issues and must be relevant to the technical aspects of a particular area
142.20of continuing education.
142.21    Subd. 3. Classroom hour. "Classroom hour" means a 50-minute hour.
142.22    Subd. 4. Coordinator. "Coordinator" means an individual who is responsible for
142.23monitoring approved educational offerings.
142.24    Subd. 5. Instructor. "Instructor" means an individual lecturing in an approved
142.25educational offering.
142.26    Subd. 6. Licensee. "Licensee" means a person licensed by the Minnesota
142.27Department of Labor and Industry for whom an examination is required before licensure.
142.28    Subd. 7. Medical hardship. "Medical hardship" includes a documented physical
142.29disability or medical condition.
142.30    Subd. 8. Overpayment. "Overpayment" means any payment of money in excess
142.31of a statutory fee.
142.32    Subd. 9. Regulated industries. "Regulated industries" means residential
142.33contracting, residential remodeling, or residential roofing. Each of these is a regulated
142.34industry.
143.1    Subd. 10. Sponsor. "Sponsor" means any person or entity offering or providing
143.2approved continuing education.

143.3    Sec. 28. [326B.89] CONTRACTOR RECOVERY FUND.
143.4    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
143.5have the meanings given them.
143.6    (b) "Gross annual receipts" means the total amount derived from residential
143.7contracting or residential remodeling activities, regardless of where the activities are
143.8performed, and must not be reduced by costs of goods sold, expenses, losses, or any
143.9other amount.
143.10    (c) "Licensee" means a person licensed as a residential contractor or residential
143.11remodeler.
143.12    (d) "Residential real estate" means a new or existing building constructed for
143.13habitation by one to four families, and includes detached garages.
143.14    (e) "Fund" means the contractor recovery fund.
143.15    Subd. 2. Generally. The contractor recovery fund is created in the state treasury
143.16and shall be administered by the commissioner for the purposes described in this section.
143.17Any interest or profit accruing from investment of money in the fund shall be credited
143.18to the contractor recovery fund.
143.19    Subd. 3. Fund fees. In addition to any other fees, a person who applies for or
143.20renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
143.21shall pay, in addition to the appropriate application or renewal fee, the following additional
143.22fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
143.23gross annual receipts for the person's most recent fiscal year preceding the application or
143.24renewal, on the following scale:

143.25		Fee	Gross Annual Receipts
143.26		$160	under $1,000,000
143.27		$210	$1,000,000 to $5,000,000
143.28		$260	over $5,000,000

143.29    Subd. 4. Purpose of fund. The purpose of this fund is to:
143.30    (1) compensate owners or lessees of residential real estate who meet the requirements
143.31of this section;
143.32    (2) reimburse the department for all legal and administrative expenses,
143.33disbursements, and costs, including staffing costs, incurred in administering and defending
143.34the fund;
144.1    (3) pay for educational or research projects in the field of residential contracting to
144.2further the purposes of sections 326B.801 to 326B.825; and
144.3    (4) provide information to the public on residential contracting issues.
144.4    Subd. 5. Payment limitations. Except as otherwise provided in this section,
144.5the commissioner shall not pay compensation from the fund to an owner or a lessee
144.6in an amount greater than $75,000. Except as otherwise provided in this section, the
144.7commissioner shall not pay compensation from the fund to owners and lessees in an
144.8amount that totals more than $150,000 per licensee. The commissioner shall not pay
144.9compensation from the fund for a final judgment based on a cause of action that arose
144.10before the commissioner's receipt of the licensee's fee required by subdivision 3.
144.11    Subd. 6. Verified application. To be eligible for compensation from the fund, an
144.12owner or lessee shall serve on the commissioner a verified application for compensation
144.13on a form approved by the commissioner. The application shall verify the following
144.14information:
144.15    (1) the specific grounds upon which the owner or lessee seeks to recover from
144.16the fund:
144.17    (2) that the owner or the lessee has obtained a final judgment in a court of competent
144.18jurisdiction against a licensee licensed under section 326B.803;
144.19    (3) that the final judgment was obtained against the licensee on the grounds of
144.20fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
144.21that arose directly out of a transaction that occurred when the licensee was licensed and
144.22performing any of the special skills enumerated under section 326B.802, subdivision 19;
144.23    (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
144.24the owner's residential real estate, on residential real estate leased by the lessee, or on new
144.25residential real estate that has never been occupied or that was occupied by the licensee
144.26for less than one year prior to purchase by the owner;
144.27    (5) that the residential real estate is located in Minnesota;
144.28    (6) that the owner or the lessee is not the spouse of the licensee or the personal
144.29representative of the licensee;
144.30    (7) the amount of the final judgment, any amount paid in satisfaction of the final
144.31judgment, and the amount owing on the final judgment as of the date of the verified
144.32application; and
144.33    (8) that the verified application is being served within two years after the judgment
144.34became final.
144.35    The owner's and the lessee's actual and direct out-of-pocket loss shall not include
144.36attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
145.1the loss. An owner or lessee may serve a verified application regardless of whether the
145.2final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
145.3final if all proceedings on the judgment have either been pursued and concluded or been
145.4forgone, including all reviews and appeals. For purposes of this section, owners who are
145.5joint tenants or tenants in common are deemed to be a single owner. For purposes of this
145.6section, owners and lessees eligible for payment of compensation from the fund shall not
145.7include government agencies, political subdivisions, financial institutions, and any other
145.8entity that purchases, guarantees, or insures a loan secured by real estate.
145.9    Subd. 7. Commissioner review. The commissioner shall within 120 days after
145.10receipt of the verified application:
145.11    (1) enter into an agreement with an owner or a lessee that resolves the verified
145.12application for compensation from the fund; or
145.13    (2) issue an order to the owner or the lessee accepting, modifying, or denying the
145.14verified application for compensation from the fund.
145.15    Upon receipt of an order issued under clause (2), the owner or the lessee shall have
145.1630 days to serve upon the commissioner a written request for a hearing. If the owner or
145.17the lessee does not serve upon the commissioner a timely written request for hearing, the
145.18order issued under clause (2) shall become a final order of the commissioner that may not
145.19be reviewed by any court or agency. The commissioner shall order compensation from
145.20the fund only if the owner or the lessee has filed a verified application that complies with
145.21subdivision 6 and if the commissioner determines based on review of the application that
145.22compensation should be paid from the fund. The commissioner shall not be bound by any
145.23prior settlement, compromise, or stipulation between the owner or the lessee and the
145.24licensee.
145.25    Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
145.26for hearing under subdivision 7, the commissioner shall request that an administrative law
145.27judge be assigned and that a hearing be conducted under the contested case provisions
145.28of chapter 14 within 30 days after the service of the request for hearing upon the
145.29commissioner. Upon petition of the commissioner, the administrative law judge shall
145.30continue the hearing up to 60 days and upon a showing of good cause may continue the
145.31hearing for such additional period as the administrative law judge deems appropriate.
145.32At the hearing the owner or the lessee shall have the burden of proving by substantial
145.33evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
145.34findings of fact, conclusions of law, and order. If the administrative law judge finds that
145.35compensation should be paid to the owner or the lessee, the administrative law judge
145.36shall order the commissioner to make payment from the fund of the amount it finds to be
146.1payable pursuant to the provisions of and in accordance with the limitations contained in
146.2this section. The order of the administrative law judge shall constitute the final decision of
146.3the agency in the contested case. Judicial review of the administrative law judge's findings
146.4of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
146.5    Subd. 9. Satisfaction of applications for compensation. The commissioner shall
146.6pay compensation from the fund to an owner or a lessee pursuant to the terms of an
146.7agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
146.8order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
146.9of the fiscal year following the fiscal year during which the agreement was entered into or
146.10during which the order became final, subject to the limitations of this section. At the end
146.11of each fiscal year the commissioner shall calculate the amount of compensation to be
146.12paid from the fund pursuant to agreements that have been entered into under subdivision
146.137, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
146.14subdivision 8. If the calculated amount exceeds the amount available for payment, then
146.15the commissioner shall allocate the amount available among the owners and the lessees
146.16in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
146.17bears to the amount calculated. The commissioner shall mail notice of the allocation to
146.18all owners and lessees not less than 45 days following the end of the fiscal year. Any
146.19compensation paid by the commissioner in accordance with this subdivision shall be
146.20deemed to satisfy and extinguish any right to compensation from the fund based upon the
146.21verified application of the owner or lessee.
146.22    Subd. 10. Right of subrogation. If the commissioner pays compensation from the
146.23fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
146.24final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
146.25shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
146.26judgment in the amount of compensation paid from the fund and the owner or the lessee
146.27shall assign to the commissioner all rights, title, and interest in the final judgment in
146.28the amount of compensation paid. The commissioner shall deposit in the fund money
146.29recovered under this subdivision.
146.30    Subd. 11. Effect of section on commissioner's authority. Nothing contained
146.31in this section shall limit the authority of the commissioner to take disciplinary action
146.32against a licensee under the provisions of this chapter. A licensee's repayment in full of
146.33obligations to the fund shall not nullify or modify the effect of any other disciplinary
146.34proceeding brought under the provisions of this chapter.
146.35    Subd. 12. Limitation. Nothing may obligate the fund to compensate:
147.1    (1) insurers or sureties under subrogation or similar theories; or
147.2    (2) owner of residential property for final judgments against a prior owner of the
147.3residential property unless the claim is brought and judgment is rendered for breach of the
147.4statutory warranty set forth in chapter 327A.
147.5    Subd. 13. Condominiums or townhouses. For purposes of this section, the owner
147.6or the lessee of a condominium or townhouse is considered an owner or a lessee of
147.7residential property regardless of the number of residential units per building.
147.8    Subd. 14. Accelerated compensation. Payments made from the fund to compensate
147.9owners and lessees that do not exceed the jurisdiction limits for conciliation court matters
147.10as specified in section 491A.01 may be paid on an accelerated basis if all of the following
147.11requirements have been satisfied:
147.12    (a) The owner or the lessee has served upon the commissioner a verified application
147.13for compensation that complies with the requirements set out in subdivision 6 and the
147.14commissioner determines based on review of the application that compensation should be
147.15paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
147.16loss in the transaction, minus attorney fees, interest on the loss and on the judgment
147.17obtained as a result of the loss, and any satisfaction of the judgment, and make payment
147.18to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
147.19after the owner or lessee serves the verified application.
147.20    (b) The commissioner may pay compensation to owners or lessees that totals not
147.21more than $50,000 per licensee per fiscal year under this accelerated process. The
147.22commissioner may prorate the amount of compensation paid to owners or lessees under
147.23this subdivision if applications submitted by owners and lessees seek compensation in
147.24excess of $50,000 against a licensee. Any unpaid portion of a verified application that
147.25has been prorated under this subdivision shall be satisfied in the manner set forth in
147.26subdivision 9.
147.27    Subd. 15. Appropriation. Money in the fund is appropriated to the commissioner
147.28for the purposes of this section.
147.29    Subd. 16. Additional assessment. If the balance in the fund is at any time less than
147.30the commissioner determines is necessary to carry out the purposes of this section, every
147.31licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the
147.32fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall
147.33set the amount of assessment based on a reasonable determination of the amount that is
147.34necessary to restore a balance in the fund adequate to carry out the purposes of this section.
148.1EFFECTIVE DATE.This section is effective December 1, 2007, except that
148.2subdivisions 1, 3, and 15 are effective July 1, 2007.

148.3    Sec. 29. REVISOR'S INSTRUCTION.
148.4    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
148.5column A with the number listed in column B. The revisor shall also make necessary
148.6cross-reference changes consistent with the renumbering.

148.7		Column A	Column B
148.8		325E.58	326B.865
148.9		326.83	326B.802
148.10		326.84	326B.805
148.11		326.841	327B.041
148.12		326.842	326B.81
148.13		326.86	326B.815
148.14		326.87	326B.82
148.15		326.88	326B.825
148.16		326.89	326B.83
148.17		326.90	326B.835
148.18		326.91	326B.84
148.19		326.92	326B.845
148.20		326.921	326B.85
148.21		326.93	326B.855
148.22		326.94	326B.86
148.23		326.95	326B.87
148.24		326.951	326B.875
148.25		326.96	326B.88
148.26		326.97	326B.885

148.29    Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:
148.30183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS;
148.31LICENSES.
148.32    Subdivision 1. All boilers inspected. The Division of Boiler Inspection
148.33commissioner shall inspect all boilers and pressure vessels in use not expressly excepted
148.34from such inspection by law. Immediately Upon inspection the Division of Boiler
148.35Inspection commissioner shall issue a certificate of inspection therefor or a certificate
148.36condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and
148.37certificates shall be prepared and furnished by the commissioner. The Division of Boiler
148.38Inspection commissioner shall examine all applicants for engineer's licenses. The chief of
149.1the Division of Boiler Inspection commissioner shall issue such license to an applicant as
149.2the examination shall show the applicant is entitled to receive.
149.3    Subd. 2. Inspector's examination. For the purpose of examining applicants
149.4for license a National Board of Boiler and Pressure Vessel Inspectors commission, the
149.5chief of the Division of Boiler Inspection or the deputy chief commissioner shall fix and
149.6determine a time and place for the examinations, and give notice to all applicants of the
149.7time and place. The chief or the deputy chief commissioner shall grant and sign such
149.8license certificates as applicants are entitled to receive upon examination. Applicants may
149.9be examined and issued certificates of competency as inspectors of boilers and pressure
149.10vessels.

149.11    Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:
149.12    Subdivision 1. Inspector requirements. Each boiler inspector shall be a person
149.13of good moral character, shall be licensed in this state as a chief grade A engineer, and
149.14must hold a national board commission as a boiler inspector within 12 months of being
149.15employed as a boiler inspector by the department. An inspector shall not be interested in
149.16the manufacture or sale of boilers or steam machinery or in any patented article required
149.17or generally used in the construction of engines or boilers or their appurtenances.

149.18    Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:
149.19    Subd. 2. Inspection. When used for display and demonstration purposes, steam
149.20farm traction engines, portable and stationary show engines and portable and stationary
149.21show boilers shall be inspected every two years according to law.
149.22    (a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly
149.23by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards
149.24in paragraph (b), before being certified for use in Minnesota.
149.25    (b) Standards for inspection of show boilers shall be those established by the
149.26National Board Inspection Code ANSI/NB23 and by the rules adopted by the department
149.27of Labor and Industry, Division of Boiler Inspection, and as follows:
149.28    (1) the boiler shall be subjected to the appropriate method of nondestructive
149.29examination, at the owner's expense, as deemed necessary by the boiler inspector to
149.30determine soundness and safety of the boiler;
149.31    (2) the boiler shall be tested by ultrasonic examination for metal thickness (for
149.32purposes of calculating the maximum allowable working pressure the thinnest reading
149.33shall be used and a safety factor of six shall be used in calculating maximum allowable
149.34working pressure on all non-ASME-code hobby and show boilers); and
150.1    (3) repairs and alterations made to show boilers must be made pursuant to section
150.2183.466 .
150.3    (c) Further each such object shall successfully complete an inspection of:
150.4    (1) the fusible plug;
150.5    (2) the safety valve, which must be of American Society of Mechanical Engineers'
150.6ASME approved design and set at the maximum allowable working pressure and sealed in
150.7an appropriate manner not allowing tampering with the valve setting without destroying
150.8the seal; and
150.9    (3) the boiler power piping.
150.10    Any longitudinal cracks found in riveted longitudinal seams requires that the vessel
150.11be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed,
150.12the jacket must be removed prior to inspection.

150.13    Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:
150.14183.42 INSPECTION AND REGISTRATION.
150.15    Subdivision 1. Inspection. Every owner, lessee, or other person having charge of
150.16boilers or pressure vessels subject to inspection under this chapter shall cause them to be
150.17inspected by the Division of Boiler Inspection department. Except as provided in sections
150.18183.411 and 183.45, boilers subject to inspection under this chapter must be inspected at
150.19least annually and pressure vessels inspected at least every two years except as provided
150.20under section 183.45. The commissioner shall assess a $250 penalty per applicable boiler
150.21or pressure vessel for failure to have the inspection required by this section and may seal
150.22the boiler or pressure vessel for refusal to allow an inspection as required by this section.
150.23    Subd. 2. Registration. Every owner, lessee, or other person having charge of
150.24boilers or pressure vessels subject to inspection under this chapter, except hobby boilers
150.25under section 183.411, shall register said objects with the Division of Boiler Inspection
150.26department. The registration shall be renewed annually and is applicable to each object
150.27separately. The fee for registration of a boiler or pressure vessel shall be pursuant to
150.28section 183.545, subdivision 10. The Division of Boiler Inspection department may issue
150.29a billing statement for each boiler and pressure vessel on record with the division, and
150.30may determine a monthly schedule of billings to be followed for owners, lessees, or other
150.31persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
150.32    Subd. 3. Certificate of registration. The Division of Boiler Inspection department
150.33shall issue a certificate of registration that lists the registered boilers and pressure vessels
150.34at the location, expiration date of the certificate of registration, last inspection date of
150.35each registered boiler and pressure vessel, and maximum allowable working pressure for
151.1each registered boiler and pressure vessel. The commissioner may make an electronic
151.2certificate of registration available to be printed by the owner, lessee, or other person
151.3having charge of the registered boiler or pressure vessel.

151.4    Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:
151.5183.45 INSPECTION.
151.6    Subdivision 1. Inspection requirements. All boilers and steam generators must
151.7be inspected by the Division of Boiler Inspection department before they are used and
151.8all boilers must be inspected at least once each year thereafter except as provided under
151.9subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure
151.10or hammer test, and shall ascertain by a thorough internal and external examination
151.11that they are well made and of good and suitable material; that the openings for the
151.12passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of
151.13proper dimensions and free from obstructions; that the flues are circular in form; that the
151.14arrangements for delivering the feed water are such that the boilers cannot be injured
151.15thereby; and that such boilers and their connections may be safely used without danger to
151.16life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions,
151.17sufficient in number, and properly arranged, and that the safety valves are so adjusted as
151.18to allow no greater pressure in the boilers than the amount prescribed by the inspector's
151.19certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate
151.20the amount of water, and suitable gauges that will correctly record the pressure; and
151.21that the fusible metals are properly inserted where required so as to fuse by the heat of
151.22the furnace whenever the water in the boiler falls below its prescribed limit; and that
151.23provisions are made for an ample supply of water to feed the boilers at all times; and that
151.24means for blowing out are provided, so as to thoroughly remove the mud and sediment
151.25from all parts when under pressure.
151.26    Subd. 2. Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000
151.27pounds per hour or more capacity which has an internal continuous water treatment
151.28program approved by the department and which the chief boiler inspector commissioner
151.29has determined to be in compliance with paragraph (c).
151.30    (b) A qualifying boiler must be inspected at least once every 24 months internally
151.31and externally while not under pressure and at least once every 18 months externally
151.32while under pressure. If the inspector considers it necessary to conduct a hydrostatic test
151.33to determine the safety of a boiler, the test must be conducted under the direction of the
151.34owner, contractor, or user of the equipment under the supervision of an inspector.
151.35    (c) The owner of a qualifying boiler must keep accurate records showing the date
151.36and actual time the boiler is out of service, the reason or reasons therefor, and the chemical
152.1physical laboratory analysis of samples of the boiler water taken at regular intervals of
152.2not more than 48 hours of operation which adequately show the condition of the water,
152.3and any elements or characteristics of the water capable of producing corrosion or other
152.4deterioration of the boiler or its parts.
152.5    (d) If an inspector determines there are substantial deficiencies in equipment or in
152.6boiler water treatment operating procedures, inspections of a qualifying boiler may be
152.7required once every 12 months until the chief boiler inspector commissioner finds that the
152.8substantial deficiencies have been corrected.

152.9    Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:
152.10183.46 TESTS.
152.11    In subjecting both high and low pressure boilers and pressure vessels to the
152.12hydrostatic test, and to determine the safe allowable working pressure, the inspector shall
152.13use the latest approved formula of the American Society of Mechanical Engineers ASME
152.14Code or National Board Inspection Code, as applicable.

152.15    Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:
152.16183.465 STANDARDS OF INSPECTION.
152.17    The engineering standards of boilers and pressure vessels for use in this state shall
152.18be that established by the current edition of the and amendments to the ASME Code or the
152.19National Board Inspection Code, as applicable, for construction, operation and care of,
152.20in-service inspection and testing, and controls and safety devices codes of the American
152.21Society of Mechanical Engineers and amendments thereto, and by the rules of the Division
152.22of Boiler Inspection adopted by the department of Labor and Industry.

152.23    Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:
152.24183.466 STANDARDS OF REPAIRS.
152.25    The rules for repair of boilers and pressure vessels for use in this state shall be those
152.26established by the National Board of Boiler and Pressure Vessel Inspectors inspection
152.27code and the rules of the Division of Boiler Inspection adopted by the department of
152.28Labor and Industry.

152.29    Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:
152.30183.48 SPECIAL EXAMINATION.
152.31    At any time the inspector deems it necessary an examination shall be made of any
152.32If an inspector examines a boiler or pressure vessel which there is reason to believe has
152.33become and determines that the boiler or pressure vessel is unsafe, and the inspector shall
152.34notify the owners or operators thereof owner or operator of any defect therein, and what
152.35repairs are necessary in that boiler or pressure vessel. Such boiler or pressure vessel
153.1shall not thereafter be used until so repaired the defect is corrected. Boilers found to be
153.2operated by unlicensed or improperly licensed persons shall not be used until the operators
153.3are properly licensed. If circumstances warrant continued operation, approval may be
153.4given for continuing operation for a specific period of time, not to exceed 30 days, at the
153.5discretion of the boiler inspector.

153.6    Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:
153.7183.501 LICENSE REQUIREMENT.
153.8    (a) No person individual shall be entrusted with the operation of or operate any
153.9boiler, steam engine, or turbine who has not received a license of grade covering that
153.10boiler, steam engine or turbine. The license shall be renewed annually, except as provided
153.11in section 183.411. When a violation of this section occurs the Division of Boiler
153.12Inspection may cause a complaint to be made for the prosecution of the offender and shall
153.13be entitled to sue for and obtain injunctive relief in the district courts for such violations.
153.14    (b) For purposes of this chapter, "operation" shall not include monitoring of an
153.15automatic boiler, either through on premises inspection of the boiler or by remote
153.16electronic surveillance, provided that no operations are performed upon the boiler other
153.17than emergency shut down in alarm situations.
153.18    (c) No individual under the influence of illegal drugs or alcohol shall be entrusted
153.19with the operation of or shall operate any boiler, steam engine, or turbine, or shall be
153.20entrusted with the monitoring of or shall monitor an automatic boiler.

153.21    Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:
153.22183.505 APPLICATIONS FOR LICENSES.
153.23    The chief boiler inspector commissioner shall prepare blank applications on which
153.24applications for engineers' licenses shall be made under oath of the applicant. These
153.25blanks shall be so formulated as to elicit such information as is desirable needed to
153.26enable the examiners to pass on determine whether an applicant meets the qualifications
153.27of applicants required for the license.

153.28    Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:
153.29183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
153.30    Subdivision 1. Engineers, classes. Engineers shall be divided into four classes:
153.31    (1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade
153.32A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade
153.33C. (4) Special engineers.
153.34    Subd. 2. Applications. Any person individual who desires an engineer's license
153.35shall submit a written an application, on blanks furnished by the commissioner or designee
154.1on a written or electronic form prescribed by the commissioner, at least 15 days before
154.2the requested exam date. The application is valid for permits the applicant to take the
154.3examination on one occasion within one year from the date the commissioner or designee
154.4received receives the application.
154.5    Subd. 2a. Examinations. Each applicant for a license must pass an examination
154.6approved developed and administered by the commissioner. The examinations shall be
154.7of sufficient scope to establish the competency of the applicant to operate a boiler of the
154.8applicable license class and grade.
154.9    Subd. 3. High and low pressure boilers. For the purposes of this section and
154.10section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor
154.11pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure
154.12exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
154.13    Low pressure boilers shall mean boilers operating at a steam or other vapor pressure
154.14of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed
154.15160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
154.16    Subd. 4. Chief engineer, Grade A. A person An individual seeking licensure as
154.17a chief engineer, Grade A, shall be at least 18 years of age and have experience which
154.18verifies that the person individual is competent to take charge of and be responsible for the
154.19safe operation and maintenance of all classes of boilers, steam engines, and turbines and
154.20their appurtenances; and, before receiving a license, the applicant shall take and subscribe
154.21an oath attesting to at least five years actual experience in operating such boilers, including
154.22at least two years experience in operating such engines or turbines.
154.23    Subd. 5. Chief engineer, Grade B. A person An individual seeking licensure as a
154.24chief engineer, Grade B, shall be at least 18 years of age and have habits and experience
154.25which justify the belief that the person individual is competent to take charge of and be
154.26responsible for the safe operation and maintenance of all classes of boilers and their
154.27appurtenances; and, before receiving a license, the applicant shall take and subscribe an
154.28oath attesting to at least five years actual experience in operating those boilers.
154.29    Subd. 6. Chief engineer, Grade C. A person An individual seeking licensure as a
154.30chief engineer, Grade C, shall be at least 18 years of age and have habits and experience
154.31which justify the belief that the person individual is competent to take charge of and
154.32be responsible for the safe operation and maintenance of all classes of low pressure
154.33boilers and their appurtenances, and before receiving a license, the applicant shall take
154.34and subscribe an oath attesting to at least five years of actual experience in operating
154.35such boilers.
155.1    Subd. 7. First-class engineer, Grade A. A person An individual seeking licensure
155.2as a first-class engineer, Grade A, shall be at least 18 years of age and have experience
155.3which verifies that the person individual is competent to take charge of and be responsible
155.4for the safe operation and maintenance of all classes of boilers, engines, and turbines and
155.5their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a
155.6plant of unlimited horsepower. Before receiving a license, the applicant shall take and
155.7subscribe an oath attesting to at least three years actual experience in operating such
155.8boilers, including at least two years experience in operating such engines or turbines.
155.9    Subd. 8. First-class engineer, Grade B. A person An individual seeking licensure
155.10as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and
155.11experience which justify the belief that the person individual is competent to take charge
155.12of and be responsible for the safe operation and maintenance of all classes of boilers of
155.13not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited
155.14horsepower. Before receiving a license the applicant shall take and subscribe an oath
155.15attesting to at least three years actual experience in operating such boilers.
155.16    Subd. 9. First-class engineer, Grade C. A person An individual seeking licensure
155.17as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and
155.18experience which justify the belief that the person individual is competent to take charge
155.19of and be responsible for the safe operation and maintenance of all classes of low pressure
155.20boilers and their appurtenances of not more than 300 horsepower or to operate as a shift
155.21engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the
155.22applicant shall take and subscribe an oath attesting to at least three years actual experience
155.23in operating such boilers.
155.24    Subd. 10. Second-class engineer, Grade A. A person An individual seeking
155.25licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have
155.26experience which verifies that the person individual is competent to take charge of and
155.27be responsible for the safe operation and maintenance of all classes of boilers, engines,
155.28and turbines and their appurtenances of not more than 100 horsepower or to operate
155.29as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift
155.30engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving
155.31a license the applicant shall take and subscribe an oath attesting to at least one year of
155.32actual experience in operating such boilers, including at least one year of experience in
155.33operating such engines or turbines.
155.34    Subd. 11. Second-class engineer, Grade B. A person An individual seeking
155.35licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have
156.1habits and experience which justify the belief that the person individual is competent to
156.2take charge of and be responsible for the safe operation and maintenance of all classes of
156.3boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not
156.4more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant
156.5of unlimited horsepower. Before receiving a license the applicant shall take and subscribe
156.6an oath attesting to at least one year of actual experience in operating such boilers.
156.7    Subd. 12. Second-class engineer, Grade C. A person An individual seeking
156.8licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have
156.9habits and experience which justify the belief that the person individual is competent to
156.10take charge of and be responsible for the safe operation and maintenance of all classes
156.11of low pressure boilers and their appurtenances of not more than 100 horsepower or to
156.12operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or
156.13to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited
156.14horsepower. Before receiving a license, the applicant shall take and subscribe an oath
156.15attesting to at least one year of actual experience in operating such boilers.
156.16    Subd. 13. Special engineer. A person An individual seeking licensure as a special
156.17engineer shall be at least 18 years of age and have habits and experience which justify
156.18the belief that the person individual is competent to take charge of and be responsible for
156.19the safe operation and maintenance of all classes of boilers and their appurtenances of
156.20not more than 30 horsepower or to operate as a shift engineer in a plant of not more than
156.21100 horsepower, or to serve as an apprentice in any plant under the direct supervision of
156.22the properly licensed engineer.
156.23    Subd. 14. Current boiler operators. Any person individual operating a boiler other
156.24than a steam boiler on or before April 15, 1982 shall be qualified for application for the
156.25applicable class license upon presentation of an affidavit furnished by an inspector and
156.26sworn to by the person's individual's employer or a chief engineer. The applicant must
156.27have at least the number of years of actual experience specified for the class of license
156.28requested and pass the appropriate examination.
156.29    Subd. 15. Rating horsepower. For the purpose of rating boiler horsepower for
156.30engineer license classifications only: ten square feet of heating surface shall be considered
156.31equivalent to one boiler horsepower for conventional boilers and five square feet of
156.32heating surface equivalent to one boiler horsepower for steam coil type generators.

156.33    Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:
156.34    Subdivision 1. Safety Inspection certificate. After examination and tests, if a boiler
156.35inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall
157.1deliver to the chief boiler inspector a verified certificate in such form as prescribed by
157.2the chief boiler inspector containing a specification of the tests applied and the working
157.3pressure allowed. A copy of the certificate is delivered to the owner of the boiler or
157.4pressure vessel, who shall place and retain the same in a conspicuous place on or near
157.5the boiler or pressure vessel. of the boiler or pressure vessel being inspected, the boiler
157.6inspector shall document the condition of the boiler or pressure vessel as required by the
157.7commissioner. The inspector shall issue an inspection certificate, as prescribed by the
157.8commissioner, to the owner or operator for the inspected boilers and pressure vessels
157.9found to be safe and suitable for use. The inspector shall immediately notify the owner or
157.10operator of any deficiencies found on the boilers and pressure vessels during the inspection
157.11on a form prescribed by the commissioner.

157.12    Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:
157.13    Subd. 3. Failure to pay fee. If the owner or lessee of any boiler or pressure vessel,
157.14which boiler or pressure vessel has been duly inspected, refuses to pay the required fee
157.15within 30 days from the date of the inspection invoice, the chief boiler inspector, or
157.16deputy, department may seal the boiler or pressure vessel until the fee is paid.

157.17    Sec. 15. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision
157.18to read:
157.19    Subd. 11. Late fee. The commissioner may assess a late fee of up to $100 for
157.20each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date
157.21stated on the invoice.
157.22EFFECTIVE DATE.This section is effective July 1, 2007.

157.23    Sec. 16. Minnesota Statutes 2006, section 183.56, is amended to read:
157.24183.56 EXCEPTIONS.
157.25    The provisions of sections 183.38 to 183.62, shall not apply to:
157.26    (1) boilers in buildings occupied solely for residence purposes with accommodations
157.27for not more than five families;
157.28    (2) railroad locomotives operated by railroad companies for transportation purposes;
157.29    (3) air tanks installed on the right-of-way of railroads and used directly in the
157.30operation of trains;
157.31    (4) boilers and pressure vessels under the direct jurisdiction of the United States;
157.32    (5) unfired pressure vessels having an internal or external working pressure not
157.33exceeding 15 p.s.i.g. with no limit on size;
158.1    (6) pressure vessels used for storage of compressed air not exceeding five cubic feet
158.2in volume and equipped with an American Society of Mechanical Engineers ASME code
158.3stamped safety valve set at a maximum of 100 p.s.i.g.;
158.4    (7) pressure vessels having an inside diameter not exceeding six inches;
158.5    (8) every vessel that contains water under pressure, including those containing air
158.6that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and
158.7whose design temperature does not exceed 210 degrees Fahrenheit;
158.8    (9) boiler or pressure vessels located on farms used solely for agricultural or
158.9horticultural purposes; for purposes of this section, boilers used for mint oil extraction
158.10are considered used for agricultural or horticultural purposes, provided that the owner or
158.11lessee complies with the inspection requirements contained in section 183.42;
158.12    (10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
158.13    (11) unfired pressure vessels in petroleum refineries;
158.14    (12) an air tank or pressure vessel which is an integral part of a passenger motor
158.15bus, truck, or trailer;
158.16    (13) hot water heating and other hot liquid boilers not exceeding a heat input of
158.17750,000 BTU per hour;
158.18    (14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000
158.19BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of
158.20120 gallons, or a pressure of 160 p.s.i.g.;
158.21    (15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
158.22    (16) pressure vessels operated full of water or other liquid not materially more
158.23hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees
158.24Fahrenheit or a pressure of 200 p.s.i.g.;
158.25    (17) steam powered turbines at paper-making facilities which are powered by steam
158.26generated by municipal steam district facilities at a remote location; and
158.27    (18) manually fired boilers for model locomotive, boat, tractor, stationary engine,
158.28or antique motor vehicles constructed or maintained only as a hobby for exhibition,
158.29educational or historical purposes and not for commercial use, if the boilers have an
158.30inside diameter of 12 inches or less, or a grate area of two square feet or less, and are
158.31equipped with an American Society of Mechanical Engineers ASME stamped safety valve
158.32of adequate size, a water level indicator, and a pressure gauge.
158.33    An engineer's license is not required for hot water supply boilers.
158.34    An engineer's license is not required for boilers, steam cookers, steam kettles, steam
158.35sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25
158.36kilowatt, 2-1/2 horsepower or and a pressure of 15 p.s.i.g.
159.1    Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum
159.2of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and
159.3shall not require an engineer license to operate.

159.4    Sec. 17. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:
159.5    Subdivision 1. Report required. Any insurance company insuring boilers and
159.6pressure vessels in this state shall file a report showing the most recent date of inspection,
159.7the name of the person individual making the inspection, the condition of the boiler or
159.8pressure vessel as disclosed by the inspection, whether the boiler was operated by a
159.9properly licensed engineer, whether a policy of insurance has been issued by the company
159.10with reference to the boiler or pressure vessel, and other information as directed by the
159.11chief boiler inspector commissioner. Within 21 days after the inspection, the insurance
159.12company shall file the report with the chief boiler inspector or designee commissioner.
159.13The insurer shall provide a copy of the report to the person, firm, or corporation owning or
159.14operating the inspected boiler or pressure vessel. Such report shall be made annually for
159.15boilers and biennially for pressure vessels.

159.16    Sec. 18. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:
159.17    Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance
159.18company authorized to do business in this state has issued a policy of insurance, after the
159.19inspection thereof, is exempt from inspection by the department made under sections
159.20183.375 to 183.62, while the same continues to be insured and provided it continues
159.21to be inspected in accordance with the inspection schedule set forth in sections 183.42
159.22and 183.45, and the person, firm, or corporation owning or operating the same has an
159.23unexpired certificate of registration.

159.24    Sec. 19. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:
159.25    Subd. 5. Notice of insurance coverage. The insurer shall notify the commissioner
159.26or designee in writing of its policy to insure and inspect boilers and pressure vessels at a
159.27location within 30 days of receipt of notification from the insured that a boiler or pressure
159.28vessel is present at an insured location. The insurer must also provide a duplicate of the
159.29notification to the insured.

159.30    Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:
159.31    Subd. 6. Notice of discontinued coverage. The insurer shall notify the
159.32commissioner or designee in writing, within 30 days of the effective date, of the
159.33discontinuation of insurance coverage of the boilers and pressure vessels at a location
159.34and the cause or reason for the discontinuation if the insurer has received notice from
159.35the insured that a boiler or pressure vessel is present at an insured location, as provided
160.1under subdivision 5. This notice shall show the effective date when the discontinued
160.2policy takes effect.

160.3    Sec. 21. Minnesota Statutes 2006, section 183.59, is amended to read:
160.4183.59 VIOLATIONS BY INSPECTORS.
160.5    Every inspector who willfully certifies falsely regarding any boiler or its attachments,
160.6or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license
160.7to any person individual to act as engineer, or master, or pilot contrary to any provision of
160.8sections 183.375 to 183.62, is guilty of a misdemeanor. In addition to this punishment the
160.9inspector shall be removed from office forthwith.

160.10    Sec. 22. Minnesota Statutes 2006, section 183.60, is amended to read:
160.11183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
160.12    Subdivision 1. Construction violation. Every No person who constructs shall
160.13construct a boiler, boiler piping, or pressure vessel so as not to meet the minimum
160.14construction requirements of the American Society of Mechanical Engineers ASME boiler
160.15and pressure vessel code, and the rules of the Division of Boiler Inspection adopted by the
160.16 department of Labor and Industry is guilty of a gross misdemeanor.
160.17    Subd. 2. Repair violation. Every No person who repairs a boiler or pressure vessel
160.18by welding or riveting so as not to meet the minimum requirements established by the
160.19current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection
160.20code and the rules of the Division of Boiler Inspection adopted by the department of Labor
160.21and Industry is guilty of a gross misdemeanor.
160.22    Subd. 3. Sale violation. Every No manufacturer, jobber, dealer, or other person
160.23selling or offering shall sell or offer for sale a boiler or pressure vessel that does not meet
160.24the minimum construction requirements of the American Society of Mechanical Engineers
160.25ASME boiler and pressure vessel code and the rules of the Division of Boiler Inspection
160.26adopted by the department of Labor and Industry is guilty of a gross misdemeanor.

160.27    Sec. 23. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:
160.28    Subd. 2. Inspection violation. Any No person who causes shall cause to be
160.29operated, or operates shall operate, any boiler or boat without having the same inspected
160.30at least once each year, or pressure vessel, steam farm traction engine, portable or
160.31stationary show engine, or portable or stationary show boiler without having it inspected
160.32biennially, and or without having the proper engineer or pilot master license is guilty
160.33of a misdemeanor.

160.34    Sec. 24. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:
161.1    Subd. 4. Failure to repair. Every person operating or causing to be operated After
161.2any boiler or pressure vessel after it has been examined and found to be unsafe and after the
161.3owner or operator thereof of the boiler or pressure vessel has been notified of any defect
161.4therein and what repairs are necessary to remedy the defect who fails to comply with the
161.5inspector's requirements is guilty of a misdemeanor in it, no person shall operate the boiler
161.6or pressure vessel or cause it to be operated unless and until the defect has been corrected.

161.7    Sec. 25. [326B.93] INSPECTION PERSONNEL.
161.8    Subdivision 1. Inspectors. The department may employ such inspectors and other
161.9persons as are necessary to efficiently perform the duties and exercise the powers imposed
161.10upon the department.
161.11    Subd. 2. Chief boiler inspector. The commissioner shall appoint a chief boiler
161.12inspector who, under the direction and supervision of the commissioner, shall administer
161.13this chapter and the rules adopted under this chapter. The chief boiler inspector must:
161.14    (1) be licensed as a chief Grade A engineer; and
161.15    (2) possess a current commission issued by the National Board of Boiler and
161.16Pressure Vessel Inspectors.
161.17The chief boiler inspector shall be the state of Minnesota representative on the National
161.18Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority
161.19of the rules adopted under this chapter, and shall perform other duties in administering
161.20this chapter and the rules adopted under this chapter as assigned by the commissioner.
161.21Any person aggrieved by a ruling of the chief boiler inspector may appeal the ruling
161.22in accordance with chapter 14.

161.23    Sec. 26. [326B.94] BOATS; MASTERS.
161.24    Subdivision 1. Boat. "Boat" means any vessel navigating inland waters of the state
161.25that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet
161.26or more in length.
161.27    Subd. 2. Number of passengers. The department shall designate the number of
161.28passengers that each boat may safely carry, and no such boat shall carry a greater number
161.29than is allowed by the inspector's certificate.
161.30    Subd. 3. Annual permit. The commissioner shall issue an annual permit to a boat
161.31for the purpose of carrying passengers for hire on the inland waters of the state provided
161.32the boat satisfies the inspection requirements of this section. A boat subject to inspection
161.33under this chapter shall be registered with the department and shall be inspected before a
161.34permit may be issued. No person shall operate a boat or cause a boat to be operated for the
162.1purpose of carrying passengers for hire on the inland waters of the state without a valid
162.2annual permit issued under this section.
162.3    Subd. 4. Examinations, licensing. The commissioner shall develop and administer
162.4an examination for all masters of boats carrying passengers for hire on the inland waters of
162.5the state as to their qualifications and fitness. If found qualified and competent to perform
162.6their duties as a master of a boat carrying passengers for hire, they shall be issued a license
162.7authorizing them to act as such on the inland waters of the state. The license shall be
162.8renewed annually. Fees for the original issue and renewal of the license authorized under
162.9this section shall be pursuant to section 183.545, subdivision 2.
162.10    Subd. 5. Rules. (a) The department shall prescribe rules for the inspection of the
162.11hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances,
162.12and lifesaving equipment of all power boats navigating the inland waters of the state,
162.13which shall conform to the requirements and specifications of the United States Coast
162.14Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable
162.15inland waters; these rules shall have the force of law.
162.16    (b) The commissioner shall make such rules for inspection and operation of boats
162.17subject to inspection under this chapter, the licensing of masters, and the navigation of any
162.18such boat as will require its operation without danger to life or property.
162.19    Subd. 6. Drugs, alcohol. No master shall be under the influence of illegal drugs
162.20or alcohol when on duty.

162.21    Sec. 27. REVISOR'S INSTRUCTION.
162.22    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
162.23column A with the number listed in column B. The revisor shall also make necessary
162.24cross-reference changes consistent with the renumbering.

162.25	Column A	Column B
162.26	183.38	326B.952
162.27	183.39	326B.954
162.28	183.411	326B.956
162.29	183.42	326B.958
162.30	183.45	326B.96
162.31	183.46	326B.962
162.32	183.465	326B.964
162.33	183.466	326B.966
162.34	183.48	326B.968
162.35	183.50	326B.97
162.36	183.501	326B.972
162.37	183.502	326B.974
163.1	183.505	326B.976
163.2	183.51	326B.978
163.3	183.53	326B.98
163.4	183.54	326B.982
163.5	183.545	326B.986
163.6	183.56	326B.988
163.7	183.57	326B.99
163.8	183.59	326B.992
163.9	183.60	326B.994
163.10	183.61	326B.996
163.11	183.62	326B.998

163.14    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
163.15326.46 SUPERVISION OF DEPARTMENT TO SUPERVISE HIGH
163.16PRESSURE PIPING.
163.17    The department of Labor and Industry shall supervise all high pressure piping used
163.18on all projects in this state, and may prescribe minimum standards which shall be uniform.
163.19    The department shall employ inspectors and other assistants to carry out the
163.20provisions of sections 326.46 to 326.52.

163.21    Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
163.22to read:
163.23    Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.

163.24    Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
163.25to read:
163.26    Subd. 1b. Contracting high pressure pipefitter. "Contracting high pressure
163.27pipefitter" means an individual, such as a steamfitter, engaged in the planning,
163.28superintending, and practical installation of high pressure piping and appurtenances, and
163.29otherwise lawfully qualified to construct high pressure piping installations and make
163.30replacements to existing plants, who is also qualified to conduct the business of high
163.31pressure piping installations and who is familiar with the laws, rules, and minimum
163.32standards governing them.

163.33    Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
163.34to read:
163.35    Subd. 2a. High pressure steam. "High pressure steam" means a pressure in excess
163.36of 15 pounds per square inch.

164.1    Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
164.2to read:
164.3    Subd. 2b. Journeyman high pressure pipefitter. "Journeyman high pressure
164.4pipefitter" means an individual, such as a steamfitter, who is not a contracting high
164.5pressure pipefitter and who is engaged in the practical installation of high pressure piping
164.6and appurtenances in the employ of a contracting high pressure pipefitter.

164.7    Sec. 6. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
164.8to read:
164.9    Subd. 4. Pipefitter apprentice. A "pipefitter apprentice" is an individual employed
164.10in the trade of the practical construction and installation of high pressure piping and
164.11appurtenances under an apprenticeship agreement approved by the department under
164.12Minnesota Rules, part 5200.0300.
164.13EFFECTIVE DATE.This section is effective July 1, 2007.

164.14    Sec. 7. Minnesota Statutes 2006, section 326.47, is amended to read:
164.15326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
164.16    Subdivision 1. Required permit. No person, firm, or corporation shall construct or
164.17install high pressure piping systems without first filing an application for a permit with the
164.18department of Labor and Industry or a municipality that has complied with subdivision 2.
164.19Projects under construction prior to August 1, 1984, are not required to obtain a permit.
164.20    Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
164.21provide for the inspection of high pressure piping system materials and construction, and
164.22provide that it shall not be constructed or installed except in accordance with minimum
164.23state standards. The authority designated by the ordinance for issuing high pressure piping
164.24permits and assuring compliance with state standards must report to the Department of
164.25Labor and Industry all violations of state high pressure piping standards.
164.26    A municipality may not adopt an ordinance with high pressure piping standards
164.27that does not conform to the uniform standards prescribed by the Department of Labor
164.28and Industry. The Department of Labor and Industry shall specify by rule the minimum
164.29qualifications for municipal inspectors. The commissioner may enter into an agreement
164.30with a municipality, in which the municipality agrees to perform inspections and issue
164.31permits for the construction and installation of high pressure piping systems within the
164.32municipality's geographical area of jurisdiction, if:
164.33    (a) The municipality has adopted:
164.34    (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
164.355230.6200;
165.1    (2) an ordinance that authorizes the municipality to issue permits to persons holding
165.2a high pressure piping business license issued by the department and only for construction
165.3or installation that would, if performed properly, fully comply with all Minnesota Statutes
165.4and Minnesota Rules;
165.5    (3) an ordinance that authorizes the municipality to perform the inspections that are
165.6required under Minnesota Statutes or Minnesota Rules of the construction and installation
165.7of high pressure piping systems; and
165.8    (4) an ordinance that authorizes the municipality to enforce the code for power
165.9piping systems in its entirety.
165.10    (b) The municipality agrees to issue permits only to persons holding a high pressure
165.11piping business license as required by law at the time of the permit issuance, and only for
165.12construction or installation that would, if performed properly, comply with all Minnesota
165.13Statutes and Minnesota Rules governing the construction or installation of high pressure
165.14piping systems.
165.15    (c) The municipality agrees to issue permits only on forms approved by the
165.16department.
165.17    (d) The municipality agrees that, for each permit issued by the municipality, the
165.18municipality shall perform one or more inspections of the construction or installation to
165.19determine whether the construction or installation complies with all Minnesota Statutes
165.20and Minnesota Rules governing the construction or installation of high pressure piping
165.21systems, and shall prepare a written report of each inspection.
165.22    (e) The municipality agrees to notify the commissioner within 24 hours after the
165.23municipality discovers any violation of the licensing laws related to high pressure piping.
165.24    (f) The municipality agrees to notify the commissioner immediately if the
165.25municipality discovers that any entity has failed to meet a deadline set by the municipality
165.26for correction of a violation of the high pressure piping laws.
165.27    (g) The commissioner determines that the individuals who will conduct the
165.28inspections for the municipality do not have any conflict of interest in conducting the
165.29inspections.
165.30    (h) Individuals who will conduct the inspections for the municipality are permanent
165.31employees of the municipality and are licensed contracting high pressure pipefitters or
165.32licensed journeyman high pressure pipefitters.
165.33    (i) The municipality agrees to notify the commissioner within ten days of any
165.34changes in the names or qualifications of the individuals who conduct the inspections
165.35for the municipality.
166.1    (j) The municipality agrees to enforce in its entirety the code for power piping
166.2systems on all projects.
166.3    (k) The municipality shall not approve any piping installation unless the installation
166.4conforms to all applicable provisions of the high pressure piping laws in effect at the
166.5time of the installation.
166.6    (l) The municipality agrees to promptly require compliance or revoke a permit that
166.7it has issued if there is noncompliance with any of the applicable provisions of the high
166.8pressure piping laws in connection with the work covered by the permit. The municipality
166.9agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
166.10violated.
166.11    (m) The municipality agrees to keep official records of all documents received,
166.12including permit applications, and of all permits issued, reports of inspections, and notices
166.13issued in connection with inspections.
166.14    (n) The municipality agrees to maintain the records described in paragraph (m) in
166.15the official records of the municipality for the period required for the retention of public
166.16records under section 138.17, and shall make these records readily available for review
166.17according to section 13.37.
166.18    (o) Not later than the tenth day of each month, the municipality shall submit to the
166.19commissioner a report of all high pressure piping permits issued by the municipality during
166.20the preceding month. This report shall be in a format approved by the commissioner
166.21and shall include:
166.22    (1) the name of the contractor;
166.23    (2) the license number of the contractor's license issued by the commissioner;
166.24    (3) the permit number;
166.25    (4) the address of the job;
166.26    (5) the date the permit was issued;
166.27    (6) a brief description of the work; and
166.28    (7) the amount of the inspection fee.
166.29    (p) Not later than the 31st day of January of each year, the municipality shall submit
166.30a summary report to the commissioner identifying the status of each high pressure piping
166.31project for which the municipality issued a permit during the preceding year, and the
166.32status of high pressure piping projects for which the municipality issued a permit during a
166.33prior year where no final inspection had occurred by the first day of the preceding year.
166.34This summary report shall include:
166.35    (1) the permit number;
166.36    (2) the date of any final inspection; and
167.1    (3) identification of any violation of high pressure piping laws related to work
167.2covered by the permit.
167.3    (q) The municipality and the commissioner agree that if at any time during the
167.4agreement the municipality does not have in effect the code for high pressure piping
167.5systems or any of the ordinances described in paragraph (a), or if the commissioner
167.6determines that the municipality is not properly administering and enforcing the code for
167.7high pressure piping or is otherwise not complying with the agreement:
167.8    (1) the commissioner may, effective 14 days after the municipality's receipt of
167.9written notice, terminate the agreement and have the administration and enforcement of
167.10the high pressure piping code in the involved municipality undertaken by the department;
167.11    (2) the municipality may challenge the termination in a contested case before the
167.12commissioner pursuant to the Administrative Procedure Act; and
167.13    (3) while any challenge under clause (2) is pending, the commissioner may exercise
167.14oversight of the municipality to the extent needed to ensure that high pressure piping
167.15inspections are performed and permits are issued in accordance with the high pressure
167.16piping laws.
167.17    (r) The municipality and the commissioner agree that the municipality may terminate
167.18the agreement with or without cause on 90 days' written notice to the commissioner.
167.19    (s) The municipality and the commissioner agree that no municipality shall
167.20revoke, suspend, or place restrictions on any high pressure piping license issued by the
167.21commissioner. If the municipality identifies during an inspection any violation that
167.22may warrant revocation, suspension, or placement of restrictions on a high pressure
167.23piping license issued by the commissioner, the municipality shall promptly notify the
167.24commissioner of the violation and the commissioner shall determine whether revocation,
167.25suspension, or placement of restrictions on any high pressure piping license issued by
167.26the commissioner is appropriate.
167.27    Subd. 5. Reporting of permits issued. Each municipality must submit to the
167.28Department of Labor and Industry a copy of each permit issued within ten days after
167.29issuance.
167.30    All permits must be issued on forms prescribed by or approved by the Department of
167.31Labor and Industry.
167.32    Subd. 6. Filing and inspection fees. (a) The department of Labor and Industry must
167.33charge a filing fee set by the commissioner under section 16A.1285 and an inspection fee
167.34for all applications for permits to construct or install high pressure piping systems. The
167.35filing fee for inspection of high pressure piping system construction or installation shall
168.1be set by the commissioner under section 16A.1285 $100. This subdivision does The
168.2inspection fee shall be calculated as follows.
168.3    (1) When an application for a permit is filed prior to the start of construction or
168.4installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus
168.50.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of
168.6construction or installation.
168.7    (2) Except as provided in paragraph (b), when an application for permit is filed after
168.8the start of construction or installation, the inspection fee shall be the greater of: $1,100;
168.9or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011
168.10of the amount over $3,000,000 of the cost of construction or installation.
168.11    (b) The commissioner shall consider any extenuating circumstances that caused an
168.12application for permit to be filed after the start of construction or installation. If warranted
168.13by such extenuating circumstances, the commissioner may calculate the inspection fee as
168.14if the application for permit had been filed prior to the start of construction or installation.
168.15    (c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality
168.16complying in accordance with an agreement under subdivision 2.
168.17EFFECTIVE DATE.This section is effective December 1, 2007, except that
168.18subdivision 6 is effective July 1, 2007.

168.19    Sec. 8. Minnesota Statutes 2006, section 326.48, is amended to read:
168.20326.48 LICENSING AND REGISTRATION.
168.21    Subdivision 1. License required; rules; time credit. No person individual shall
168.22engage in or work at the business of a contracting high pressure pipefitter unless issued an
168.23individual contracting high pressure pipefitter license to do so by the department of Labor
168.24and Industry under rules adopted by the board. No license shall be required for repairs
168.25on existing installations. No person individual shall engage in or work at the business of
168.26journeyman pipefitter unless issued an individual journeyman high pressure pipefitter
168.27competency license to do so by the department of Labor and Industry under rules adopted
168.28by the board. A person possessing an individual contracting high pressure pipefitter
168.29competency license may also work as a journeyman high pressure pipefitter.
168.30    No person, partnership, firm, or corporation shall construct or install high pressure
168.31piping, nor install high pressure piping in connection with the dealing in and selling
168.32of high pressure pipe material and supplies, unless, at all times, a person an individual
168.33possessing a contracting high pressure pipefitter individual competency license or a
168.34journeyman high pressure pipefitter individual competency license is responsible for
169.1ensuring that the high pressure pipefitting work conducted by the person, partnership, firm,
169.2or corporation being is in conformity with Minnesota Statutes and Minnesota Rules.
169.3    The department of Labor and Industry board shall prescribe rules, not inconsistent
169.4herewith, for the examination and individual competency licensing of contracting high
169.5pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits
169.6by the department and municipalities for the installation of high pressure piping.
169.7    An employee performing the duties of inspector for the department of Labor and
169.8Industry in regulating pipefitting shall not receive time credit for the inspection duties
169.9when making an application for a license required by this section.
169.10    Subd. 2. High pressure pipefitting business license. Before obtaining a permit
169.11for high pressure piping work, a person, partnership, firm, or corporation must obtain or
169.12utilize a business with a high pressure piping business license.
169.13    A person, partnership, firm, or corporation must have at all times as a full-time
169.14employee at least one individual holding an individual contracting high pressure pipefitter
169.15competency license. Only full-time employees who hold individual contracting high
169.16pressure pipefitter licenses are authorized to obtain high pressure piping permits in the
169.17name of the business. The individual contracting high pressure pipefitter competency
169.18license holder can be the employee of only one high pressure piping business at a time.
169.19    To retain its business license without reapplication, a person, partnership, firm,
169.20or corporation holding a high pressure piping business license that ceases to employ a
169.21person an individual holding an individual contracting high pressure pipefitter competency
169.22license shall have 60 days from the last day of employment of its previous individual
169.23contracting pipefitter competency license holder to employ another license holder. The
169.24department of Labor and Industry must be notified no later than five days after the last day
169.25of employment of the previous license holder.
169.26    No high pressure pipefitting work may be performed during any period when the
169.27high pressure pipefitting business does not have an individual contracting high pressure
169.28pipefitter competency license holder on staff. If a license holder is not employed within
169.2960 days after the last day of employment of the previous license holder, the pipefitting
169.30business license shall lapse.
169.31    The department of Labor and Industry board shall prescribe by rule procedures for
169.32application for and issuance of business licenses and fees.
169.33    Subd. 2a. Registration requirement. All unlicensed individuals, other than
169.34pipefitter apprentices, must be registered under subdivision 2b. No licensed high pressure
169.35piping business shall employ an unlicensed individual to assist in the practical construction
169.36and installation of high pressure piping and appurtenances unless the unlicensed individual
170.1is registered with the department. A pipefitter apprentice or registered unlicensed
170.2individual employed by a high pressure piping business may assist in the practical
170.3construction and installation of high pressure piping and appurtenances only while under
170.4direct supervision of a licensed individual contracting high pressure pipefitter or licensed
170.5journeyman high pressure pipefitter employed by the same high pressure piping business.
170.6The licensed individual contracting high pressure pipefitter or licensed journeyman high
170.7pressure pipefitter shall supervise no more than two pipefitter apprentices or registered
170.8unlicensed individuals. The licensed individual contracting high pressure pipefitter or
170.9journeyman high pressure pipefitter is responsible for ensuring that all high pressure
170.10piping work performed by the pipefitter apprentice or registered unlicensed individual
170.11complies with Minnesota Statutes and Minnesota Rules.
170.12    Subd. 2b. Registration with commissioner. An unlicensed individual may
170.13register to assist in the practical construction and installation of high pressure piping
170.14and appurtenances while in the employ of a licensed high pressure piping business by
170.15completing and submitting to the commissioner a registration form provided by the
170.16commissioner. The Board of High Pressure Piping Systems may prescribe rules, not
170.17inconsistent with this section, for the registration of unlicensed individuals.
170.18    An unlicensed individual applying for initial registration shall pay the department an
170.19application fee of $50. Applications for initial registration may be submitted at any time.
170.20Registration must be renewed annually and shall be valid for one calendar year beginning
170.21January 1. Applications for renewal registration must be submitted to the commissioner
170.22before December 31 of each registration period on forms provided by the commissioner,
170.23and must be accompanied by a fee of $50. There shall be no refund of fees paid.
170.24    Subd. 3. Bond. The As a condition of licensing, each applicant for a high pressure
170.25piping business license or renewal shall give bond to the state in the total penal sum of
170.26$15,000 conditioned upon the faithful and lawful performance of all work entered upon
170.27contracted for or performed within the state. The bond shall run to and be for the benefit of
170.28persons injured or suffering financial loss by reason of failure of payment or performance.
170.29Claims and actions on the bond may be brought according to sections 574.26 to 574.38.
170.30    The term of the bond must be concurrent with the term of the high pressure
170.31pipefitting business license and run without interruption from the date of the issuance of
170.32the license to the end of the calendar year. All high pressure pipefitting business licenses
170.33must be annually renewed on a calendar year basis.
170.34    The bond must be filed with the department of Labor and Industry and shall be
170.35in lieu of any other business license bonds required by any political subdivision for
171.1high pressure pipefitting. The bond must be written by a corporate surety licensed to
171.2do business in the state.
171.3    Subd. 4. Insurance. In addition to the bond described in subdivision 3, each
171.4applicant for a high pressure pipefitting business license or renewal shall have in force
171.5public liability insurance, including products liability insurance, with limits of at least
171.6$100,000 per person and $300,000 per occurrence and property damage insurance with
171.7limits of at least $50,000.
171.8    The insurance must be kept in force for the entire term of the high pressure
171.9pipefitting business license, and the license shall be suspended by the department if at any
171.10time the insurance is not in force.
171.11    The insurance must be written by an insurer licensed to do business in the state and
171.12shall be in lieu of any other insurance required by any subdivision of government for
171.13high pressure pipefitting. Each person, partnership, firm, or corporation holding a high
171.14pressure pipefitting business license shall maintain on file with the department a certificate
171.15evidencing the insurance. Any purported cancellation of insurance shall not be effective
171.16without the insurer first giving 30 days' written notice to the department.
171.17    Subd. 5. License fee. The state department of Labor and Industry may shall charge
171.18each applicant for a high pressure pipefitting business license or for a renewal of a high
171.19pressure pipefitting business license and an additional fee commensurate with the cost of
171.20administering the bond and insurance requirements of subdivisions 3 and 4. the following
171.21license fees:
171.22    (a) application for journeyman high pressure piping pipefitter competency license,
171.23$120;
171.24    (b) renewal of journeyman high pressure piping pipefitter competency license, $80;
171.25    (c) application for contracting high pressure piping pipefitter competency license,
171.26$270;
171.27    (d) renewal of contracting high pressure piping pipefitter competency license, $240;
171.28    (e) application for high pressure piping business license, $450;
171.29    (f) application to inactivate a contracting high pressure piping pipefitter competency
171.30license or inactivate a journeyman high pressure piping pipefitter competency license,
171.31$40; and
171.32    (g) renewal of an inactive contracting high pressure piping pipefitter competency
171.33license or inactive journeyman high pressure piping pipefitter competency license, $40.
171.34    If an application for renewal of an active or inactive journeyman high pressure
171.35piping pipefitter competency license or active or inactive contracting high pressure piping
172.1competency license is received by the department after the date of expiration of the
172.2license, a $30 late renewal fee shall be added to the license renewal fee.
172.3    Payment must accompany the application for a license or renewal of a license. There
172.4shall be no refund of fees paid.
172.5EFFECTIVE DATE.This section is effective December 1, 2007, except that
172.6subdivisions 2a, 2b, and 5 are effective July 1, 2007.

172.7    Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read:
172.8326.50 LICENSE APPLICATION; FEES AND RENEWAL.
172.9    Application for an individual contracting high pressure pipefitter competency or an
172.10individual journeyman high pressure pipefitter competency license shall be made to the
172.11department of Labor and Industry, with fees. The applicant shall be licensed only after
172.12passing an examination developed and administered by the department of Labor and
172.13Industry in accordance with rules adopted by the board. A competency license issued by
172.14the department shall expire on December 31 of each year. A renewal application must be
172.15received by the department within one year after expiration of the competency license. A
172.16license that has been expired for more than one year cannot be renewed, and can only be
172.17reissued if the applicant submits a new application for the competency license, pays a new
172.18application fee, and retakes and passes the applicable license examination.

172.19    Sec. 10. [326.505] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
172.20    Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems
172.21shall consist of 12 members. Eleven members shall be appointed by the governor with
172.22the advice and consent of the senate and shall be voting members. Appointments of
172.23members by the governor shall be made in accordance with section 15.066. If the senate
172.24votes to refuse to consent to an appointment of a member made by the governor, the
172.25governor shall appoint a new member with the advice and consent of the senate. One
172.26member shall be the commissioner of labor and industry or the commissioner of labor and
172.27industry's designee, who shall be a voting member. Of the 11 appointed members, the
172.28composition shall be as follows:
172.29    (1) one member shall be a high pressure piping inspector;
172.30    (2) one member shall be a licensed mechanical engineer;
172.31    (3) one member shall be a representative of the high pressure piping industry;
172.32    (4) four members shall be high pressure piping contractors engaged in the scope of
172.33high pressure piping, two from the metropolitan area and two from greater Minnesota;
173.1    (5) two members shall be high pressure piping journeymen engaged in the scope
173.2of high pressure piping systems installation, one from the metropolitan area and one
173.3from greater Minnesota;
173.4    (6) one member shall be a representative of industrial companies that use high
173.5pressure piping systems in their industrial process; and
173.6    (7) one member shall be a representative from utility companies in Minnesota.
173.7    The high pressure piping inspector shall be appointed for a term to end December
173.831, 2011. The professional mechanical engineer shall be appointed for a term to end
173.9December 31, 2010. The representative of the high pressure piping industry shall be
173.10appointed for a term to end December 31, 2011. Two of the high pressure piping
173.11contractors shall be appointed for a term to end December 31, 2011. The other two high
173.12pressure piping contractors shall be appointed for a term to end December 31, 2010. One
173.13of the high pressure piping journeymen shall be appointed for a term to end December 31,
173.142011. The other high pressure piping journeyman shall be appointed for a term to end
173.15December 31, 2010. The one representative of industrial companies that use high pressure
173.16piping systems in their industrial process shall be appointed for a term to end December
173.1731, 2010. The one representative of a utility company in Minnesota shall be appointed for
173.18a term to end December 31, 2010.
173.19    (b) The licensed professional mechanical engineer must possess a current Minnesota
173.20professional engineering license and maintain the license for the duration of their term.
173.21All other appointed members, except for the representative of the piping industry, the
173.22representative of industrial companies that use high pressure piping systems, and the
173.23representative of public utility companies in Minnesota, must possess a current high
173.24pressure piping license issued by the Department of Labor and Industry and maintain
173.25that license for the duration of their term. All appointed members must be residents of
173.26Minnesota at the time of and throughout the member's appointment. The term of any
173.27appointed member that does not maintain membership qualification status shall end on the
173.28date of status change and the governor shall appoint a new member. It is the responsibility
173.29of the member to notify the board of the member's status change.
173.30    (c) For appointed members, except the initial terms designated in paragraph (a), each
173.31term shall be three years with the terms ending on December 31. Members appointed by
173.32the governor shall be limited to three consecutive terms. The governor shall, all or in part,
173.33reappoint the current members or appoint replacement members with the advice and
173.34consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
173.35term. Vacancies occurring with less than six months time remaining in the term shall be
173.36filled for the existing term and the following three-year term. Members may serve until
174.1their successors are appointed but in no case later than July 1 in a year in which the term
174.2expires unless reappointed.
174.3    Subd. 2. Powers; duties; administrative support. (a) The board shall have the
174.4power to:
174.5    (1) elect its chair, vice-chair, and secretary;
174.6    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
174.7and containing such other provisions as may be useful and necessary for the efficient
174.8conduct of the business of the board;
174.9    (3) adopt the high pressure piping code that must be followed in this state and any
174.10high pressure piping code amendments thereto. The board shall adopt the high pressure
174.11piping code and any amendments thereto pursuant to chapter 14, and as provided in
174.12subdivision 6, paragraphs (b), (c), and (d);
174.13    (4) review requests for final interpretations and issue final interpretations as provided
174.14in section 16B.63, subdivision 5;
174.15    (5) except for rules regulating continuing education, adopt rules that regulate the
174.16licensure or registration of high pressure piping contractors, journeymen, and other
174.17persons engaged in the design, installation, and alteration of high pressure piping systems,
174.18except for those individuals licensed under section 326.02, subdivisions 2 and 3. The
174.19board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
174.206, paragraphs (e) and (f);
174.21    (6) advise the commissioner regarding educational requirements for high pressure
174.22piping inspectors;
174.23    (7) refer complaints or other communications to the commissioner, whether oral or
174.24written, as provided in subdivision 7 that alleges or implies a violation of a statute, rule, or
174.25order that the commissioner has the authority to enforce pertaining to code compliance,
174.26licensure, or an offering to perform or performance of unlicensed high pressure piping
174.27services;
174.28    (8) approve per diem and expenses deemed necessary for its members as provided in
174.29subdivision 3;
174.30    (9) select from its members individuals to serve on any other state advisory council,
174.31board, or committee;
174.32    (10) recommend the fees for licenses and certifications; and
174.33(11) approve license reciprocity agreements.
174.34    Except for the powers granted to the Plumbing Board, Board of Electricity, and the
174.35Board of High Pressure Piping, the commissioner of labor and industry shall administer
174.36and enforce the provisions of this chapter and any rules promulgated pursuant thereto.
175.1    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
175.2    (c) The commissioner shall coordinate the board's rulemaking and recommendations
175.3with the recommendations and rulemaking conducted by the other boards created pursuant
175.4to chapter 326B. The commissioner shall provide staff support to the board. The support
175.5includes professional, legal, technical, and clerical staff necessary to perform rulemaking
175.6and other duties assigned to the board. The commissioner of labor and industry shall
175.7supply necessary office space and supplies to assist the board in its duties.
175.8    Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
175.9of $55 a day spent on board activities, when authorized by the board, plus expenses in
175.10the same manner and amount as authorized by the commissioner's plan adopted under
175.11section 43A.18, subdivision 2. Members who, as a result of time spent attending board
175.12meetings, incur child care expenses that would not otherwise have been incurred, may be
175.13reimbursed for those expenses upon board authorization.
175.14    (b) Members who are state employees or employees of the political subdivisions
175.15of the state must not receive the daily payment for activities that occur during working
175.16hours for which they are compensated by the state or political subdivision. However, a
175.17state or political subdivision employee may receive the daily payment if the employee
175.18uses vacation time or compensatory time accumulated in accordance with a collective
175.19bargaining agreement or compensation plan for board activities. Members who are state
175.20employees or employees of the political subdivisions of the state may receive the expenses
175.21provided for in this subdivision unless the expenses are reimbursed by another source.
175.22Members who are state employees or employees of political subdivisions of the state
175.23may be reimbursed for child care expenses only for time spent on board activities that
175.24are outside their working hours.
175.25    (c) The board shall adopt internal standards prescribing what constitutes a day spent
175.26on board activities for purposes of making daily payments under this subdivision.
175.27    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
175.28removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
175.29missing three consecutive meetings. The chair of the board shall inform the governor of an
175.30appointed member missing the three consecutive meetings. After the second consecutive
175.31missed meeting and before the next meeting, the secretary of the board shall notify the
175.32appointed member in writing that the member may be removed for missing the next
175.33meeting. In the case of a vacancy on the board, the governor shall, with the advice
175.34and consent of the senate, appoint a person to fill the vacancy for the remainder of the
175.35unexpired term.
175.36    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
176.1    Subd. 5. Membership vacancies within three months of appointment.
176.2    Notwithstanding any law to the contrary, when a membership on the board becomes
176.3vacant within three months after being filled through the appointments process, the
176.4governor may, upon notification to the Office of Secretary of State, choose a new member
176.5from the applications on hand and need not repeat the process.
176.6    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
176.7members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
176.8majority of members of the board qualified to vote on the matter in question. All questions
176.9concerning the manner in which a meeting is conducted or called that is not covered
176.10by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
176.11specified by the bylaws.
176.12    (b) Except as provided in paragraph (c), each high pressure piping code amendment
176.13considered by the board that receives an affirmative two-thirds or more majority vote of
176.14all the voting members of the board shall be included in the next high pressure piping code
176.15rulemaking proceeding initiated by the board. If a high pressure piping code amendment
176.16considered, or reconsidered, by the board receives less than a two-thirds majority vote
176.17of all the voting members of the board, the high pressure piping code amendment shall
176.18not be included in the next high pressure piping code rulemaking proceeding initiated
176.19by the board.
176.20    (c) If the high pressure piping code amendment considered by the board is to replace
176.21the Minnesota High Pressure Piping Code with a model high pressure piping code, then
176.22the amendment may only be included in the next high pressure piping code rulemaking
176.23proceeding if it receives an affirmative two-thirds or more majority vote of all the voting
176.24members of the board.
176.25    (d) The board may reconsider high pressure piping code amendments during
176.26an active high pressure piping code rulemaking proceeding in which the amendment
176.27previously failed to receive a two-thirds majority vote or more of all the voting members
176.28of the board only if new or updated information that affects the high pressure piping code
176.29amendment is presented to the board. The board may also reconsider failed high pressure
176.30piping code amendments in subsequent high pressure piping code rulemaking proceedings.
176.31    (e) Each proposed rule and rule amendment considered by the board pursuant to the
176.32rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
176.33affirmative majority vote of all the voting members of the board shall be included in the
176.34next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
176.35considered, or reconsidered, by the board receives less than an affirmative majority vote of
177.1all the voting members of the board, the proposed rule or rule amendment shall not be
177.2included in the next rulemaking proceeding initiated by the board.
177.3    (f) The board may reconsider the proposed rule or rule amendment during an
177.4active rulemaking proceeding in which the amendment previously failed to receive an
177.5affirmative majority vote of all the voting members of the board only if new or updated
177.6information that affects the proposed rule or rule amendment is presented to the board.
177.7The board may also reconsider failed proposed rules or rule amendments in subsequent
177.8rulemaking proceedings.
177.9    Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
177.10board shall specify. Notice and conduct of all meetings shall be pursuant to Minnesota
177.11Statutes, chapter 13D, and in such a manner as the bylaws may provide.
177.12    (b) If compliance with section 13D.02 is impractical, the board may conduct a
177.13meeting of its members by telephone or other electronic means so long as the following
177.14conditions are met:
177.15    (1) all members of the board participating in the meeting, wherever their physical
177.16location, can hear one another and can hear all discussion and testimony;
177.17    (2) members of the public present at the regular meeting location of the board can
177.18hear clearly all discussion and testimony and all votes of members of the board and, if
177.19needed, receive those services required by sections 15.44 and 15.441;
177.20    (3) at least one member of the board is physically present at the regular meeting
177.21location; and
177.22    (4) all votes are conducted by roll call, so each member's vote on each issue can be
177.23identified and recorded.
177.24    Each member of the board participating in a meeting by telephone or other electronic
177.25means is considered present at the meeting for purposes of determining a quorum and
177.26participating in all proceedings.
177.27    If telephone or other electronic means is used to conduct a regular, special, or
177.28emergency meeting, the board, to the extent practical, shall allow a person to monitor
177.29the meeting electronically from a remote location. The board may require the person
177.30making such a connection to pay for documented costs that the board incurs as a result of
177.31the additional connection.
177.32    If telephone or other electronic means is used to conduct a regular, special, or
177.33emergency meeting, the board shall provide notice of the regular meeting location, of the
177.34fact that some members may participate by telephone or other electronic means, and that
177.35a person may monitor the meeting electronically from a remote location. Any person
177.36monitoring the meeting electronically from a remote location may be required to pay
178.1documented costs incurred by the board as a result of the additional connection. The
178.2timing and method of providing notice is governed by section 13D.04.
178.3    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
178.4the substance of any complaint or communication it receives, whether written or oral,
178.5that alleges or implies a violation of a statute, rule, or order that the commissioner has
178.6the authority to enforce pertaining to the license or registration of any person authorized
178.7by the department to provide high pressure piping services, the performance or offering
178.8to perform high pressure piping services requiring licensure by an unlicensed person, or
178.9high pressure code compliance. Each complaint or communication that is forwarded to the
178.10commissioner shall be submitted on a form provided by the commissioner.
178.11    (b) The commissioner shall advise the board of the status of the complaint within 90
178.12days after the board's written submission is received, or within 90 days after the board
178.13is provided with a written request for additional information or documentation from the
178.14commissioner or the commissioner's designee, whichever is later. The commissioner shall
178.15advise the board of the disposition of a complaint referred by the board within 180 days
178.16after the board's written submission is received. The commissioner shall annually report to
178.17the board a summary of the actions taken in response to complaints referred by the board.
178.18    Subd. 9. Data practices act. The board is subject to Minnesota Statutes, chapter 13,
178.19the Minnesota Government Data Practices Act, and shall protect from unlawful disclosure
178.20data classified as not public.
178.21    Subd. 10. Official records. The board shall make and preserve all records necessary
178.22to a full and accurate knowledge of its official activities in accordance with section 15.17.
178.23EFFECTIVE DATE.This section is effective July 1, 2007.

178.24    Sec. 11. REVISOR'S INSTRUCTION.
178.25    The revisor of statutes shall renumber each section of Minnesota Statutes listed in
178.26column A with the number listed in column B. The revisor shall also make necessary
178.27cross-reference changes consistent with the renumbering.

178.28	Column A	Column B
178.29	326.46	326B.90
178.30	326.461	326B.91
178.31	326.47	326B.92
178.32	326.48	326B.93
178.33	326.50	326B.94

179.3    Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
179.4178.01 PURPOSES.
179.5    The purposes of this chapter are: to open to young people regardless of race, sex,
179.6creed, color or national origin, the opportunity to obtain training that will equip them for
179.7profitable employment and citizenship; to establish as a means to this end, a program
179.8of voluntary apprenticeship under approved apprentice agreements providing facilities
179.9for their training and guidance in the arts, skills, and crafts of industry and trade, with
179.10concurrent, supplementary instruction in related subjects; to promote employment
179.11opportunities under conditions providing adequate training and reasonable earnings;
179.12to relate the supply of skilled workers to employment demands; to establish standards
179.13for apprentice training; to establish an Apprenticeship Advisory Council Board and
179.14apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
179.15for a Division of Labor Standards and Apprenticeship within the Department of Labor
179.16and Industry; to provide for reports to the legislature regarding the status of apprentice
179.17training in the state; to establish a procedure for the determination of apprentice agreement
179.18controversies; and to accomplish related ends.

179.19    Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
179.20178.02 APPRENTICESHIP ADVISORY COUNCIL BOARD.
179.21    Subdivision 1. Members. The commissioner of labor and industry, hereinafter
179.22called the commissioner, shall appoint an Apprenticeship Advisory Council Board,
179.23hereinafter referred to as the council board, composed of three representatives each from
179.24employer and employee organizations, and two representatives of the general public. The
179.25director of education responsible for career and technical education or designee shall be an
179.26ex officio member of the council board and shall serve in an advisory capacity only.
179.27    Subd. 2. Terms. The council board shall expire and the terms, compensation, and
179.28removal of appointed members shall be as provided in section 15.059, except that the
179.29council shall not expire before June 30, 2003.
179.30    Subd. 4. Duties. The council board shall meet at the call of the commissioner. It
179.31shall propose occupational classifications for apprenticeship programs; propose minimum
179.32standards for apprenticeship programs and agreements; and advise on the establishment
179.33of such policies, procedures, and rules as the commissioner board deems necessary in
179.34implementing the intent of this chapter.

179.35    Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
180.1    Subd. 3. Duties and functions. The director, under the supervision of the
180.2commissioner, and with the advice and consultation of the Apprenticeship Advisory
180.3Council Board, is authorized: to administer the provisions of this chapter; to promote
180.4apprenticeship and other forms of on the job training; to establish, in cooperation and
180.5consultation with the Apprenticeship Advisory Council Board and with the apprenticeship
180.6committees, conditions and training standards for the approval of apprenticeship programs
180.7and agreements, which conditions and standards shall in no case be lower than those
180.8prescribed by this chapter; to promote equal employment opportunity in apprenticeship
180.9and other on the job training and to establish a Minnesota plan for equal employment
180.10opportunity in apprenticeship which shall be consistent with standards established
180.11under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
180.12registration to sponsors of approved apprenticeship programs; to act as secretary of the
180.13Apprenticeship Advisory Council Board; to approve, if of the opinion that approval is
180.14for the best interest of the apprentice, any apprenticeship agreement which meets the
180.15standards established hereunder; to terminate any apprenticeship agreement in accordance
180.16with the provisions of such agreement; to keep a record of apprenticeship agreements and
180.17their disposition; to issue certificates of completion of apprenticeship; and to perform
180.18such other duties as the commissioner deems necessary to carry out the intent of this
180.19chapter; provided, that the administration and supervision of supplementary instruction in
180.20related subjects for apprentices; coordination of instruction on a concurrent basis with
180.21job experiences, and the selection and training of teachers and coordinators for such
180.22instruction shall be the function of state and local boards responsible for vocational
180.23education. The director shall have the authority to make wage determinations applicable
180.24to the graduated schedule of wages and journeyman wage rate for apprenticeship
180.25agreements, giving consideration to the existing wage rates prevailing throughout the
180.26state, except that no wage determination by the director shall alter an existing wage
180.27provision for apprentices or journeymen that is contained in a bargaining agreement in
180.28effect between an employer and an organization of employees, nor shall the director
180.29make any determination for the beginning rate for an apprentice that is below the wage
180.30minimum established by federal or state law.

180.31    Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
180.32    Subdivision 1. Rules. The commissioner may, upon receipt of the council's board's
180.33proposals, accept, adopt, and issue them by rule with any modifications or amendments
180.34the commissioner finds appropriate. The commissioner may refer them back to the
180.35council board with recommendations for further study, consideration and revision. If
180.36the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
181.1a board proposal, the commissioner must provide a written explanation of the reason
181.2for the refusal to the board within 30 days after the board submitted the proposal to the
181.3commissioner. Additional rules may be issued as the commissioner may deem necessary.


181.6    Section 1. Minnesota Statutes 2006, section 31.175, is amended to read:
181.731.175 WATER, PLUMBING, AND SEWAGE.
181.8    A person who is required by statutes administered by the Department of Agriculture,
181.9or by rules adopted pursuant to those statutes, to provide a suitable water supply, or
181.10plumbing or sewage disposal system, may not engage in the business of manufacturing,
181.11processing, selling, handling, or storing food at wholesale or retail unless the person's
181.12water supply is satisfactory under plumbing codes adopted by the Department of Health
181.13Labor and Industry and the person's sewage disposal system satisfies the rules of the
181.14Pollution Control Agency.

181.15    Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:
181.16    Subd. 3. Construction requirements. (a) Withdrawal and reinjection for the
181.17groundwater thermal exchange device must be accomplished by a closed system in which
181.18the waters drawn for thermal exchange do not have contact or commingle with water
181.19from other sources or with polluting material or substances. The closed system must be
181.20constructed to allow an opening for inspection by the commissioner.
181.21    (b) Wells that are part of a groundwater thermal exchange system may not serve
181.22another function, except water may be supplied to the domestic water system if:
181.23    (1) the supply is taken from the thermal exchange system ahead of the heat exchange
181.24unit; and
181.25    (2) the domestic water system is protected by an airgap or backflow prevention
181.26device as described in rules relating to plumbing enforced by the commissioner of labor
181.27and industry.
181.28    (c) A groundwater thermal exchange system may be used for domestic water heating
181.29only if the water heating device is an integral part of the heat exchange unit that is used for
181.30space heating and cooling.

181.31    Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read:
181.32144.122 LICENSE, PERMIT, AND SURVEY FEES.
181.33    (a) The state commissioner of health, by rule, may prescribe procedures and fees
181.34for filing with the commissioner as prescribed by statute and for the issuance of original
181.35and renewal permits, licenses, registrations, and certifications issued under authority of
181.36the commissioner. The expiration dates of the various licenses, permits, registrations,
182.1and certifications as prescribed by the rules shall be plainly marked thereon. Fees may
182.2include application and examination fees and a penalty fee for renewal applications
182.3submitted after the expiration date of the previously issued permit, license, registration,
182.4and certification. The commissioner may also prescribe, by rule, reduced fees for permits,
182.5licenses, registrations, and certifications when the application therefor is submitted
182.6during the last three months of the permit, license, registration, or certification period.
182.7Fees proposed to be prescribed in the rules shall be first approved by the Department of
182.8Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
182.9in an amount so that the total fees collected by the commissioner will, where practical,
182.10approximate the cost to the commissioner in administering the program. All fees collected
182.11shall be deposited in the state treasury and credited to the state government special revenue
182.12fund unless otherwise specifically appropriated by law for specific purposes.
182.13    (b) The commissioner may charge a fee for voluntary certification of medical
182.14laboratories and environmental laboratories, and for environmental and medical laboratory
182.15services provided by the department, without complying with paragraph (a) or chapter 14.
182.16Fees charged for environment and medical laboratory services provided by the department
182.17must be approximately equal to the costs of providing the services.
182.18    (c) The commissioner may develop a schedule of fees for diagnostic evaluations
182.19conducted at clinics held by the services for children with disabilities program. All
182.20receipts generated by the program are annually appropriated to the commissioner for use
182.21in the maternal and child health program.
182.22    (d) The commissioner shall set license fees for hospitals and nursing homes that are
182.23not boarding care homes at the following levels:

182.24 182.25 182.26 182.27	Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Osteopathic Association (AOA) hospitals	$7,555 plus $13 per bed
182.28	Non-JCAHO and non-AOA hospitals	$5,180 plus $247 per bed
182.29	Nursing home	$183 plus $91 per bed

182.30    The commissioner shall set license fees for outpatient surgical centers, boarding care
182.31homes, and supervised living facilities at the following levels:

182.32	Outpatient surgical centers	$3,349
182.33	Boarding care homes	$183 plus $91 per bed
182.34	Supervised living facilities	$183 plus $91 per bed.

182.35    (e) Unless prohibited by federal law, the commissioner of health shall charge
182.36applicants the following fees to cover the cost of any initial certification surveys required
182.37to determine a provider's eligibility to participate in the Medicare or Medicaid program:

183.1	Prospective payment surveys for hospitals	$900
183.2	Swing bed surveys for nursing homes	$1,200
183.3	Psychiatric hospitals	$1,400
183.4	Rural health facilities	$1,100
183.5	Portable x-ray providers	$500
183.6	Home health agencies	$1,800
183.7	Outpatient therapy agencies	$800
183.8	End stage renal dialysis providers	$2,100
183.9	Independent therapists	$800
183.10 183.11	Comprehensive rehabilitation outpatient facilities	$1,200
183.12	Hospice providers	$1,700
183.13	Ambulatory surgical providers	$1,800
183.14	Hospitals	$4,200
183.15 183.16 183.17 183.18	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.

183.19    These fees shall be submitted at the time of the application for federal certification
183.20and shall not be refunded. All fees collected after the date that the imposition of fees is not
183.21prohibited by federal law shall be deposited in the state treasury and credited to the state
183.22government special revenue fund.
183.23    (f) The commissioner shall charge the following fees for examinations, registrations,
183.24licenses, and inspections:

183.25	Plumbing examination		$ 50
183.26	Water conditioning examination		$ 50
183.27	Plumbing bond registration fee		$ 40
183.28	Water conditioning bond registration fee		$ 40
183.29	Master plumber's license		$120
183.30	Journeyman plumber's license		$ 55
183.31	Apprentice registration		$ 25
183.32	Water conditioning contractor license		$ 70
183.33	Water conditioning installer license		$ 35
183.34	Residential inspection fee (each visit)		$ 50
183.35 183.36	Public, commercial, and industrial inspections		Inspection fee
183.37	25 or fewer drainage fixture units		$ 300
183.38	26 to 50 drainage fixture units		$ 900
183.39	51 to 150 drainage fixture units		$1,200
183.40	151 to 249 drainage fixture units		$1,500
183.41	250 or more drainage fixture units		$1,800
183.42	Callback fee (each visit)		$100

184.1EFFECTIVE DATE.This section is effective July 1, 2007.

184.2    Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:
184.3    Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and
184.4sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12),
184.5(13), (14), and (15) ; 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to
184.6144.385 ; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992;
184.7326.37 to 326.45; 326.57 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and
184.8all rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
184.9registrations, certificates, and permits adopted or issued by the department or under any
184.10other law now in force or later enacted for the preservation of public health may, in
184.11addition to provisions in other statutes, be enforced under this section.

184.12    Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:
184.13    Subdivision 1. Established. The Department of Labor and Industry shall consist
184.14of the following divisions: Division of Workers' Compensation, Division of Boiler
184.15Inspection Construction Codes and Licensing, Division of Occupational Safety and
184.16Health, Division of Statistics, Division of Steamfitting Standards, Division of Labor
184.17Standards and Apprenticeship, and such other divisions as the commissioner of the
184.18Department of Labor and Industry may deem necessary and establish. Each division of
184.19the department and persons in charge thereof shall be subject to the supervision of the
184.20commissioner of the Department of Labor and Industry and, in addition to such duties
184.21as are or may be imposed on them by statute, shall perform such other duties as may be
184.22assigned to them by the commissioner. Notwithstanding any other law to the contrary,
184.23the commissioner is the administrator and supervisor of all of the department's dispute
184.24resolution functions and personnel and may delegate authority to compensation judges
184.25and others to make determinations under sections 176.106, 176.238, and 176.239 and to
184.26approve settlement of claims under section 176.521.

184.27    Sec. 6. Minnesota Statutes 2006, section 214.01, subdivision 3, is amended to read:
184.28    Subd. 3. Non-health-related licensing board. "Non-health-related licensing
184.29board" means the Board of Teaching established pursuant to section 122A.07, the Board
184.30of Barber Examiners established pursuant to section 154.001, the Board of Assessors
184.31established pursuant to section 270.41, the Board of Architecture, Engineering, Land
184.32Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant
184.33to section 326.04, the Board of Electricity established pursuant to section 326.241, the
184.34Private Detective and Protective Agent Licensing Board established pursuant to section
185.1326.33 , the Board of Accountancy established pursuant to section 326A.02, and the Peace
185.2Officer Standards and Training Board established pursuant to section 626.841.

185.3    Sec. 7. Minnesota Statutes 2006, section 214.04, subdivision 1, is amended to read:
185.4    Subdivision 1. Services provided. (a) The commissioner of administration with
185.5respect to the Board of Electricity; the commissioner of education with respect to the
185.6Board of Teaching; the commissioner of public safety with respect to the Board of Private
185.7Detective and Protective Agent Services; the panel established pursuant to section
185.8299A.465, subdivision 7 ; the Board of Peace Officer Standards and Training; and the
185.9commissioner of revenue with respect to the Board of Assessors, shall provide suitable
185.10offices and other space, joint conference and hearing facilities, examination rooms, and
185.11the following administrative support services: purchasing service, accounting service,
185.12advisory personnel services, consulting services relating to evaluation procedures and
185.13techniques, data processing, duplicating, mailing services, automated printing of license
185.14renewals, and such other similar services of a housekeeping nature as are generally
185.15available to other agencies of state government. Investigative services shall be provided
185.16the boards by employees of the Office of Attorney General. The commissioner of health
185.17with respect to the health-related licensing boards shall provide mailing and office supply
185.18services and may provide other facilities and services listed in this subdivision at a
185.19central location upon request of the health-related licensing boards. The commissioner of
185.20commerce with respect to the remaining non-health-related licensing boards shall provide
185.21the above facilities and services at a central location for the remaining non-health-related
185.22licensing boards. The legal and investigative services for the boards shall be provided
185.23by employees of the attorney general assigned to the departments servicing the boards.
185.24Notwithstanding the foregoing, the attorney general shall not be precluded by this section
185.25from assigning other attorneys to service a board if necessary in order to insure competent
185.26and consistent legal representation. Persons providing legal and investigative services
185.27shall to the extent practicable provide the services on a regular basis to the same board
185.28or boards.
185.29    (b) The requirements in paragraph (a) with respect to the panel established in section
185.30299A.465, subdivision 7 , expire July 1, 2008.

185.31    Sec. 8. Minnesota Statutes 2006, section 214.04, subdivision 3, is amended to read:
185.32    Subd. 3. Officers; staff. The executive director of each health-related board and
185.33the executive secretary of each non-health-related board shall be the chief administrative
185.34officer for the board but shall not be a member of the board. The executive director or
185.35executive secretary shall maintain the records of the board, account for all fees received
185.36by it, supervise and direct employees servicing the board, and perform other services as
186.1directed by the board. The executive directors, executive secretaries, and other employees
186.2of the following boards shall be hired by the board, and the executive directors or executive
186.3secretaries shall be in the unclassified civil service, except as provided in this subdivision:
186.4    (1) Dentistry;
186.5    (2) Medical Practice;
186.6    (3) Nursing;
186.7    (4) Pharmacy;
186.8    (5) Accountancy;
186.9    (6) Architecture, Engineering, Land Surveying, Landscape Architecture,
186.10Geoscience, and Interior Design;
186.11    (7) Barber Examiners;
186.12    (8) Cosmetology;
186.13    (9) Electricity;
186.14    (10) (9) Teaching;
186.15    (11) (10) Peace Officer Standards and Training;
186.16    (12) (11) Social Work;
186.17    (13) (12) Marriage and Family Therapy;
186.18    (14) (13) Dietetics and Nutrition Practice; and
186.19    (15) (14) Licensed Professional Counseling.
186.20    The executive directors or executive secretaries serving the boards are hired by those
186.21boards and are in the unclassified civil service, except for part-time executive directors
186.22or executive secretaries, who are not required to be in the unclassified service. Boards
186.23not requiring full-time executive directors or executive secretaries may employ them on
186.24a part-time basis. To the extent practicable, the sharing of part-time executive directors
186.25or executive secretaries by boards being serviced by the same department is encouraged.
186.26Persons providing services to those boards not listed in this subdivision, except executive
186.27directors or executive secretaries of the boards and employees of the attorney general, are
186.28classified civil service employees of the department servicing the board. To the extent
186.29practicable, the commissioner shall ensure that staff services are shared by the boards
186.30being serviced by the department. If necessary, a board may hire part-time, temporary
186.31employees to administer and grade examinations.

186.32    Sec. 9. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
186.33    Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a
186.34license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund.
186.35The contractor's recovery fund is created in the state treasury and must be administered
187.1by the commissioner in the manner and subject to all the requirements and limitations
187.2provided by section 82.43 with the following exceptions:.
187.3    (1) each licensee who renews a license shall pay in addition to the appropriate
187.4renewal fee an additional fee which shall be credited to the contractor's recovery fund. The
187.5amount of the fee shall be based on the licensee's gross annual receipts for the licensee's
187.6most recent fiscal year preceding the renewal, on the following scale:

187.7		Fee	Gross Receipts
187.8		$100	under $1,000,000
187.9		$150	$1,000,000 to $5,000,000
187.10		$200	over $5,000,000

187.11Any person who receives a new license shall pay a fee based on the same scale;
187.12    (2) (1) The purpose of this fund is:
187.13    (i) to compensate any aggrieved owner or lessee of residential property located
187.14within this state who obtains a final judgment in any court of competent jurisdiction
187.15against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or
187.16dishonest practices, conversion of funds, or failure of performance arising directly out
187.17of any transaction when the judgment debtor was licensed and performed any of the
187.18activities enumerated under section 326.83, subdivision 19, on the owner's residential
187.19property or on residential property rented by the lessee, or on new residential construction
187.20which was never occupied prior to purchase by the owner, or which was occupied by the
187.21licensee for less than one year prior to purchase by the owner, and which cause of action
187.22arose on or after April 1, 1994; and
187.23    (ii) to reimburse the Department of Commerce for all legal and administrative
187.24expenses, including staffing costs, incurred in administering the fund;
187.25    (3) (2) nothing may obligate the fund for more than $50,000 per claimant, nor more
187.26than $75,000 per licensee; and
187.27    (4) (3) nothing may obligate the fund for claims based on a cause of action that
187.28arose before the licensee paid the recovery fund fee set in clause (1), or as provided in
187.29section 326.945, subdivision 3.
187.30    (b) Should the commissioner pay from the contractor's recovery fund any amount
187.31in settlement of a claim or toward satisfaction of a judgment against a licensee, the
187.32license shall be automatically suspended upon the effective date of an order by the court
187.33authorizing payment from the fund. No licensee shall be granted reinstatement until the
187.34licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
187.35paid from the fund on the licensee's account, and has obtained a surety bond issued by an
187.36insurer authorized to transact business in this state in the amount of at least $40,000.
188.1EFFECTIVE DATE.This section is effective July 1, 2007.

188.2    Sec. 10. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:
188.3    Subdivision 1. Rules. No domestic animals or house pets of occupants of
188.4manufactured home parks or recreational camping areas shall be allowed to run at large,
188.5or commit any nuisances within the limits of a manufactured home park or recreational
188.6camping area. Each manufactured home park or recreational camping area licensed under
188.7the provisions of sections 327.10, 327.11, 327.14 to 327.28 shall, among other things,
188.8provide for the following, in the manner hereinafter specified:
188.9    (1) A responsible attendant or caretaker shall be in charge of every manufactured
188.10home park or recreational camping area at all times, who shall maintain the park or
188.11area, and its facilities and equipment in a clean, orderly and sanitary condition. In any
188.12manufactured home park containing more than 50 lots, the attendant, caretaker, or other
188.13responsible park employee, shall be readily available at all times in case of emergency.
188.14    (2) All manufactured home parks shall be well drained and be located so that the
188.15drainage of the park area will not endanger any water supply. No wastewater from
188.16manufactured homes or recreational camping vehicles shall be deposited on the surface of
188.17the ground. All sewage and other water carried wastes shall be discharged into a municipal
188.18sewage system whenever available. When a municipal sewage system is not available, a
188.19sewage disposal system acceptable to the state commissioner of health shall be provided.
188.20    (3) No manufactured home shall be located closer than three feet to the side lot lines
188.21of a manufactured home park, if the abutting property is improved property, or closer than
188.22ten feet to a public street or alley. Each individual site shall abut or face on a driveway
188.23or clear unoccupied space of not less than 16 feet in width, which space shall have
188.24unobstructed access to a public highway or alley. There shall be an open space of at least
188.25ten feet between the sides of adjacent manufactured homes including their attachments
188.26and at least three feet between manufactured homes when parked end to end. The space
188.27between manufactured homes may be used for the parking of motor vehicles and other
188.28property, if the vehicle or other property is parked at least ten feet from the nearest
188.29adjacent manufactured home position. The requirements of this paragraph shall not apply
188.30to recreational camping areas and variances may be granted by the state commissioner
188.31of health in manufactured home parks when the variance is applied for in writing and in
188.32the opinion of the commissioner the variance will not endanger the health, safety, and
188.33welfare of manufactured home park occupants.
188.34    (4) An adequate supply of water of safe, sanitary quality shall be furnished at each
188.35manufactured home park or recreational camping area. The source of the water supply
188.36shall first be approved by the state Department of Health.
189.1    (5) All plumbing shall be installed in accordance with the rules of the state
189.2commissioner of health labor and industry and the provisions of the Minnesota Plumbing
189.3Code.
189.4    (6) In the case of a manufactured home park with less than ten manufactured homes,
189.5a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of
189.6the park in times of severe weather conditions, such as tornadoes, high winds, and floods.
189.7The shelter or evacuation plan shall be developed with the assistance and approval of
189.8the municipality where the park is located and shall be posted at conspicuous locations
189.9throughout the park. The park owner shall provide each resident with a copy of the
189.10approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.
189.11Nothing in this paragraph requires the Department of Health to review or approve any
189.12shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan
189.13submitted by a park shall not be grounds for action against the park by the Department of
189.14Health if the park has made a good faith effort to develop the plan and obtain municipal
189.15approval.
189.16    (7) A manufactured home park with ten or more manufactured homes, licensed prior
189.17to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the
189.18evacuation of park residents to a safe place of shelter within a reasonable distance of the
189.19park for use by park residents in times of severe weather, including tornadoes and high
189.20winds. The shelter or evacuation plan must be approved by the municipality by March 1,
189.211989. The municipality may require the park owner to construct a shelter if it determines
189.22that a safe place of shelter is not available within a reasonable distance from the park. A
189.23copy of the municipal approval and the plan shall be submitted by the park owner to the
189.24Department of Health. The park owner shall provide each resident with a copy of the
189.25approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.
189.26    (8) A manufactured home park with ten or more manufactured homes, receiving
189.27a primary license after March 1, 1988, must provide the type of shelter required by
189.28section 327.205, except that for manufactured home parks established as temporary,
189.29emergency housing in a disaster area declared by the President of the United States or
189.30the governor, an approved evacuation plan may be provided in lieu of a shelter for a
189.31period not exceeding 18 months.
189.32    (9) For the purposes of this subdivision, "park owner" and "resident" have the
189.33meaning given them in section 327C.01.

189.34    Sec. 11. Minnesota Statutes 2006, section 327.205, is amended to read:
189.35327.205 SHELTER CONSTRUCTION STANDARDS.
190.1    The commissioner of administration labor and industry shall adopt, by rule,
190.2minimum standards for the construction of low cost manufactured home park storm
190.3shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be
190.4constructed in accordance with these standards.

190.5    Sec. 12. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:
190.6    Subd. 2. Building standards. "Building standards" means the materials and
190.7installation standards of the State Building Code, adopted by the commissioner of
190.8administration labor and industry pursuant to sections 16B.59 to 16B.75, in effect at
190.9the time of the construction or remodeling.

190.10    Sec. 13. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:
190.11    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
190.12    (a) "Accessible unit" means an accessible rental housing unit that meets the
190.13disability facility persons with disabilities requirements of the State Building Code,
190.14Minnesota Rules, chapter 1340.
190.15    (b) "Landlord" has the meaning given it in section 504B.001, subdivision 7.

190.16    Sec. 14. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:
190.17    Subd. 6a. Normal residential surroundings for disabled persons with
190.18disabilities. It is the policy of this state that disabled persons and children with disabilities
190.19should not be excluded by municipal zoning ordinances or other land use regulations from
190.20the benefits of normal residential surroundings. For purposes of subdivisions 6a through
190.219, "person" has the meaning given in section 245A.02, subdivision 11.

190.22    Sec. 15. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:
190.23    Subd. 8. State Building Code. It may assist the commissioner of administration
190.24labor and industry in the development, implementation and revision of a uniform the
190.25State Building Code.

190.26    Sec. 16. Minnesota Statutes 2006, section 471.465, is amended to read:
190.27471.465 PERSONS WITH DISABILITIES; BUILDING REGULATIONS;
190.28DEFINITIONS.
190.29    Subdivision 1. Scope. For the purposes of sections 471.465 to 471.469, the terms
190.30defined in this section have the meanings given them.
190.31    Subd. 2. Buildings and facilities. "Buildings and facilities" means any and all
190.32buildings and facilities and the grounds appurtenant thereto within any city, township or
190.33other governmental subdivision of the state other than all farm dwellings and buildings
190.34and single and two family dwellings. However, on the date on which rules promulgated by
190.35the commissioner of administration labor and industry regarding building requirements for
191.1disabled persons with disabilities shall become effective, "buildings and facilities" shall
191.2mean only those structures which must provide facilities for the disabled persons with
191.3disabilities pursuant to said rules.
191.4    Subd. 3. Physically disabled Persons with disabilities. "Physically disabled
191.5Persons with disabilities" means and includes people having sight disabilities, hearing
191.6disabilities, disabilities of incoordination, disabilities of aging, and any other disability
191.7that significantly reduces mobility, flexibility, coordination, or perceptiveness.
191.8    Subd. 4. Remodeling. "Remodeling" means deliberate reconstruction of an existing
191.9building or facility in whole or in part in order to bring it up to date to conform with
191.10present uses of the structure and to conform with rules and regulations on the upgrading
191.11of health and safety aspects of structures.
191.12    Subd. 5. Local authority. "Local authority" means the local authority having
191.13jurisdiction over local building construction.

191.14    Sec. 17. Minnesota Statutes 2006, section 471.466, is amended to read:
191.15471.466 ADMINISTRATION AND ENFORCEMENT.
191.16    The duty and power to administer and enforce sections 471.465 to 471.469 is
191.17conferred upon and vested in the commissioner of administration labor and industry and
191.18the local authority.

191.19    Sec. 18. Minnesota Statutes 2006, section 471.467, is amended to read:
191.20471.467 BUILDING REQUIREMENTS; CONFORMITY.
191.21    Subdivision 1. Date applicable. On the date on which rules promulgated by the
191.22commissioner of administration labor and industry regarding building requirements for
191.23disabled persons with disabilities shall become effective, said rules shall exclusively
191.24govern the provision of facilities.
191.25    Subd. 2. No remodeling if solely for disabled persons with disabilities. Nothing
191.26in sections 471.465 to 471.469 shall be construed to require the remodeling of buildings
191.27solely to provide accessibility and usability to the physically disabled persons with
191.28disabilities when remodeling would not otherwise be undertaken.
191.29    Subd. 3. Applies to remodeled part. When any building or facility covered
191.30by sections 471.465 to 471.469 undergoes remodeling either in whole or in part, that
191.31portion of the building or facility remodeled shall conform to the requirements of sections
191.32471.465 to 471.469.

191.33    Sec. 19. Minnesota Statutes 2006, section 471.471, is amended to read:
191.34471.471 ACCESS REVIEW BOARD.
192.1    Subdivision 1. Membership. The Access Review Board consists of:
192.2    (1) a representative of the Building Code and Standards Division of the Department
192.3of Administration Labor and Industry, appointed by the commissioner of administration
192.4labor and industry;
192.5    (2) a representative of the state fire marshal's office, appointed by the commissioner
192.6of public safety;
192.7    (3) the commissioner of human rights or the commissioner's designee;
192.8    (4) a representative of the elevator safety section, designated by the commissioner
192.9of labor and industry or the commissioner's designee; and
192.10    (5) the chair of the Council on Disability or the chair's designee.
192.11The board shall elect a chair from among its members. Terms of members coincide with
192.12the terms of their appointing authorities or, in the case of ex officio members or their
192.13designees, with the terms of the offices by virtue of which they are members of the board.
192.14Compensation of members is governed by section 15.0575, subdivision 3.
192.15    Subd. 2. Staff; administrative support. The commissioner of administration labor
192.16and industry shall furnish staff, office space, and administrative support to the board. Staff
192.17assigned to the board must be knowledgeable with respect to access codes, site surveys,
192.18plan design, and product use and eligibility.
192.19    Subd. 3. Duties. The board shall consider applications for waivers from the
192.20State Building Code to permit the installation of stairway chair lifts to provide limited
192.21accessibility for the physically disabled persons with disabilities to buildings in which
192.22the provision of access by means permitted under the State Building Code is not
192.23architecturally or financially possible. In considering applications, the board shall review
192.24other possible access options. The board may approve an application for installation of a
192.25stairway chair when the board determines that the installation would be appropriate and
192.26no other means of access is possible. In determining whether to approve an application,
192.27the board shall consider:
192.28    (1) the need for limited accessibility when a higher degree of accessibility is not
192.29required by state or federal law or rule;
192.30    (2) the architectural feasibility of providing a greater degree of accessibility than
192.31would be provided by the proposed device or equipment;
192.32    (3) the total cost of the proposed device or equipment over its projected usable life,
192.33including installation, maintenance, and replacement costs;
192.34    (4) the reliability of the proposed device or equipment;
192.35    (5) the applicant's ability to comply with all recognized access and safety standards
192.36for installation and maintenance; and
193.1    (6) whether the proposed device or equipment can be operated and used without
193.2reducing or compromising minimum safety standards.
193.3The board shall consider the applicant's demonstrated inability to afford a greater degree
193.4of accessibility, but may not give greater weight to this factor than to the factors listed
193.5in clauses (1) to (6). The board may not approve an application unless the applicant
193.6guarantees that the device or equipment will be installed and operated in accordance with
193.7nationally recognized standards for such devices or equipment and agrees to obtain any
193.8permits needed from the agency responsible for enforcing those standards.
193.9    Subd. 4. Application process. A person seeking a waiver shall apply to the
193.10Building Code and Standards Division of the Department of Administration Labor and
193.11Industry on a form prescribed by the board and pay a $70 fee to the construction code
193.12fund. The division shall review the application to determine whether it appears to be
193.13meritorious, using the standards set out in subdivision 3. The division shall forward
193.14applications it considers meritorious to the board, along with a list and summary of
193.15applications considered not to be meritorious. The board may require the division to
193.16forward to it an application the division has considered not to be meritorious. The board
193.17shall issue a decision on an application within 90 days of its receipt. A board decision
193.18to approve an application must be unanimous. An application that contains false or
193.19misleading information must be rejected.
193.20    Subd. 5. Liability. Board members are immune from liability for personal injury or
193.21death resulting from the use or misuse of a device or equipment installed and operated
193.22under a waiver granted by the board.
193.23EFFECTIVE DATE.This section is effective July 1, 2007.


193.26    Section 1. TRANSFER.
193.27    The commissioner of labor and industry shall transfer $1,627,000 by June 30, 2008,
193.28and $1,515,000 by June 30, 2009, from the construction code fund to the general fund.

193.29    Sec. 2. REPEALER.
193.30Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001;
193.31183.02; 183.375, subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44,
193.32subdivisions 1, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5,
193.33and 6; 326.01, subdivisions 4, 6h, 10, 11, and 12; 326.242, subdivisions 4, 9, 9a, 9b,
193.349c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461;
193.35326.40, subdivision 4; 326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83,
194.1subdivisions 3, 4, 12, and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945;
194.2326.975; 326.98; and 327B.05, subdivisions 2, 3, 4, 5, and 6, are repealed.
194.3(b) Minnesota Statutes 2006, sections 183.375, subdivision 5; 183.545, subdivision
194.49; 326.01, subdivision 13; 326.44; 326.52; and 326.64, are repealed.
194.5(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650;
194.63800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900;
194.74717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and
194.89; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts
194.91, 3, and 4, are repealed.
194.10EFFECTIVE DATE.Paragraphs (a) and (c) are effective December 1, 2007.
194.11Paragraph (b) is effective July 1, 2007.

194.12    Sec. 3. EFFECTIVE DATE.
194.13    This act is effective December 1, 2007, except when another date is specified. The
194.14revisor's instructions contained in this act shall be implemented for the 2008 edition of
194.15Minnesota Statutes."
194.16Amend the title accordingly