1.1 .................... moves to amend H. F. No. 1336, the first engrossment, as follows:
1.2Page 1, after line 6, insert:
1.3 "Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
1.4326.46 SUPERVISION OF HIGH PRESSURE PIPING.
1.5 The Department of Labor and Industry shall supervise all high pressure piping
1.6used on all projects in this state
, and may prescribe minimum standards which shall be
1.7uniform under rules adopted by the board.
1.8 The department shall employ inspectors and other assistants to carry out the
1.9provisions of sections
326.46 to
326.52.
1.10 Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
1.11to read:
1.12 Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.
1.13 Sec. 3. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
1.14 Subd. 2.
Permissive municipal regulation. A municipality may, by ordinance,
1.15provide for the inspection of high pressure piping system materials and construction, and
1.16provide that it shall not be constructed or installed except in accordance with minimum
1.17state standards. The authority designated by the ordinance for issuing high pressure piping
1.18permits and assuring compliance with state standards must report to the Department of
1.19Labor and Industry all violations of state high pressure piping standards.
1.20 A municipality may not adopt an ordinance with high pressure piping standards that
1.21does not conform to the uniform standards prescribed by the
Department of Labor and
1.22Industry board. The Department of Labor and Industry shall specify by rule the minimum
1.23qualifications for municipal inspectors."
1.24Page 2, after line 15, insert:
1.25 "
(c) Compensation and removal of board members is governed by section 15.0575.
2.1 (d) The commissioner of labor and industry shall provide office space, administrative
2.2support, and staff assistance as requested by the board."
2.3Page 2, line 27, delete everything after "
supplies"
2.4Page 2, line 28, delete "
subdivision 2"
2.5Page 3, after line 5, insert:
2.6 "Sec. 6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
2.7 Subdivision 1.
License required; rules; time credit. No person shall engage in
2.8or work at the business of a contracting pipefitter unless issued an individual contracting
2.9pipefitter license to do so by the Department of Labor and Industry
under rules prescribed
2.10by the board. No license shall be required for repairs on existing installations. No
2.11person shall engage in or work at the business of journeyman pipefitter unless issued an
2.12individual journeyman pipefitter competency license to do so by the Department of Labor
2.13and Industry
under rules prescribed by the board. A person possessing an individual
2.14contracting pipefitter competency license may also work as a journeyman pipefitter.
2.15 No person, partnership, firm, or corporation shall install high pressure piping, nor
2.16install high pressure piping in connection with the dealing in and selling of high pressure
2.17pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter
2.18individual competency license or a journeyman pipefitter individual competency license is
2.19responsible for the high pressure pipefitting work conducted by the person, partnership,
2.20firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules.
2.21 The
Department of Labor and Industry board shall prescribe rules, not inconsistent
2.22herewith, for the examination and individual competency licensing of contracting
2.23pipefitters and journeyman pipefitters and for issuance of permits by the department and
2.24municipalities for the installation of high pressure piping.
2.25 An employee performing the duties of inspector for the Department of Labor and
2.26Industry in regulating pipefitting shall not receive time credit for the inspection duties
2.27when making an application for a license required by this section.
2.28 Sec. 7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
2.29 Subd. 2.
High pressure pipefitting business license. Before obtaining a permit
2.30for high pressure piping work, a person, partnership, firm, or corporation must obtain or
2.31utilize a business with a high pressure piping business license.
2.32 A person, partnership, firm, or corporation must have at all times as a full-time
2.33employee at least one individual holding an individual contracting pipefitter competency
2.34license. Only full-time employees who hold individual contracting pipefitter licenses
2.35are authorized to obtain high pressure piping permits in the name of the business. The
3.1individual contracting pipefitter competency license holder can be the employee of only
3.2one high pressure piping business at a time.
3.3 To retain its business license without reapplication, a person, partnership, firm, or
3.4corporation holding a high pressure piping business license that ceases to employ a person
3.5holding an individual contracting pipefitter competency license shall have 60 days from
3.6the last day of employment of its previous individual contracting pipefitter competency
3.7license holder to employ another license holder. The Department of Labor and Industry
3.8must be notified no later than five days after the last day of employment of the previous
3.9license holder.
3.10 No high pressure pipefitting work may be performed during any period when the
3.11high pressure pipefitting business does not have an individual contracting pipefitter
3.12competency license holder on staff. If a license holder is not employed within 60 days,
3.13the pipefitting business license shall lapse.
3.14 The
Department of Labor and Industry board shall prescribe by rule procedures for
3.15application for and issuance of business licenses and fees.
3.16 Sec. 8. Minnesota Statutes 2006, section 326.50, is amended to read:
3.17326.50 APPLICATION; FEES.
3.18 Application for an individual contracting pipefitter competency or an individual
3.19journeyman pipefitter competency license shall be made to the Department of Labor and
3.20Industry, with fees. The applicant shall be licensed only after passing an examination
3.21administered by the Department of Labor and Industry
in accordance with rules adopted
3.22by the board.
3.23 Sec. 9. Minnesota Statutes 2006, section 326.51, is amended to read:
3.24326.51 DEPARTMENT MAY REVOKE LICENSES.
3.25 The
department board may revoke or suspend, for cause, any license obtained
3.26through error or fraud, or if the licensee is shown to be incompetent, or for a violation
3.27of any of its rules and regulations applicable to high pressure pipefitting work. The
3.28licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing
3.29on at least ten days' notice, with the right to produce testimony. The hearing shall be
3.30held pursuant to chapter 14. The
commissioner board shall issue a final order based on
3.31testimony and the record at hearing. One year from the date of revocation application
3.32may be made for a new license.
3.33 Sec. 10. Minnesota Statutes 2006, section 326.52, is amended to read:
3.34326.52 DEPOSIT OF FEES.
4.1 All fees received under sections
326.46 to
326.52 shall be deposited by the
4.2Department of Labor and Industry to the credit of the general fund in the state treasury.
4.3The salaries and per diem of the inspectors and examiners hereinbefore provided, their
4.4expenses, and all incidental expenses of the department
and board in carrying out the
4.5provisions of sections
326.46 to
326.52 shall be paid from the appropriations made to the
4.6Department of Labor and Industry. The
commissioner board by rule shall set the amount
4.7of the fees at a level that approximates, to the greatest extent possible, the salaries, per
4.8diem, and incidental expenses of the department.
4.9 Sec. 11.
TRANSFER OF AUTHORITY.
4.10 The authority of the commissioner of labor and industry to adopt rules relating to
4.11high pressure piping systems is transferred to the Board of High Pressure Piping Systems.
4.12Licenses and permits currently in effect remain in effect according to their terms unless
4.13affected by board action. Rules adopted by the commissioner of labor and industry remain
4.14in effect until amended or repealed by the board."
4.15Renumber the sections in sequence and correct the internal references
4.16Amend the title accordingly