Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 123-H.F.No. 733
An act relating to employment; modifying provisions
relating to high pressure piping installation;
providing penalties; amending Minnesota Statutes 1994,
sections 326.48, subdivisions 1, 2, 3, 4, and 5;
326.50; 326.51; and 326.52; repealing Minnesota
Statutes 1994, section 326.47, subdivisions 3 and 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 326.48,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED; RULES; TIME CREDIT.] No
person, firm, or corporation shall engage in or work at the
business of a contracting pipefitter or journeyman pipefitter
unless licensed issued an individual contracting pipefitter
license to do so by the department of labor and industry. No
license shall be required for repairs on existing installations.
No person shall engage in or work at the business of journeyman
pipefitter unless issued an individual journeyman pipefitter
competency license to do so by the department of labor and
industry. A person possessing an individual contracting
pipefitter competency license may also work as a journeyman
pipefitter.
No person, partnership, firm, or corporation shall engage
in the business of installing install high pressure piping, nor
install high pressure piping in connection with the dealing in
and selling of high pressure pipe material and supplies, unless,
at all times, a licensed pipefitter, who shall be responsible
for proper installation, is in charge of person possessing a
contracting pipefitter individual competency license or a
journeyman pipefitter individual competency license is
responsible for the high pressure pipefitting work of conducted
by the person, partnership, firm, or corporation being in
conformity with Minnesota Statutes and Minnesota Rules.
The department of labor and industry shall prescribe rules,
not inconsistent herewith, for the examination and individual
competency licensing of contracting pipefitters and journeyman
pipefitters and for issuance of permits by the department and
municipalities for the installation of high pressure piping.
An employee performing the duties of inspector for the
department of labor and industry in regulating pipefitting shall
not receive time credit for the inspection duties when making an
application for a license required by this section.
Sec. 2. Minnesota Statutes 1994, section 326.48,
subdivision 2, is amended to read:
Subd. 2. [CONTRACTING PIPEFITTER'S HIGH PRESSURE
PIPEFITTING BUSINESS LICENSE; BOND AND INSURANCE REQUIREMENTS.]
The applicant for a contracting pipefitter license may give bond
to the state in the total penal sum of $2,000 conditioned upon
the faithful and lawful performance of all work entered upon
within the state. The bond shall be for the benefit of persons
injured or suffering financial loss by reason of failure of
performance. The term of the bond shall be concurrent with the
term of the license. The bond shall be filed with the secretary
of state of the state and shall be in lieu of all other license
bonds to any political subdivision. The bond shall be written
by a corporate surety licensed to do business in the state.
In addition, each applicant for a contracting pipefitter's
license or renewal thereof, may provide evidence of public
liability insurance, including products liability insurance,
with limits of at least $50,000 per person and $100,000 per
occurrence and property damage insurance with limits of at least
$10,000. The insurance shall be written by an insurer licensed
to do business in the state and each licensed contracting
pipefitter shall maintain on file with the department, a
certificate evidencing the insurance which provides that the
insurance shall not be canceled without the insurer first giving
15 days written notice to the department. The term of the
insurance shall be concurrent with the term of the license. The
certificate shall be in lieu of all other certificates required
by any political subdivision for licensing purposes. Before
obtaining a permit for high pressure piping work, a person,
partnership, firm, or corporation must obtain or utilize a
business with a high pressure piping business license.
A person, partnership, firm, or corporation must have at
all times as a full-time employee at least one individual
holding an individual contracting pipefitter competency
license. Only full-time employees who hold individual
contracting pipefitter licenses are authorized to obtain high
pressure piping permits in the name of the business. The
individual contracting pipefitter competency license holder can
be the employee of only one high pressure piping business at a
time.
To retain its business license without reapplication, a
person, partnership, firm, or corporation holding a high
pressure piping business license that ceases to employ a person
holding an individual contracting pipefitter competency license
shall have 60 days from the last day of employment of its
previous individual contracting pipefitter competency license
holder to employ another license holder. The department of
labor and industry must be notified no later than five days
after the last day of employment of the previous license holder.
No high pressure pipefitting work may be performed during
any period when the high pressure pipefitting business does not
have an individual contracting pipefitter competency license
holder on staff. If a license holder is not employed within 60
days, the pipefitting business license shall lapse.
The department of labor and industry shall prescribe by
rule procedures for application for and issuance of business
licenses and fees.
Sec. 3. Minnesota Statutes 1994, section 326.48,
subdivision 3, is amended to read:
Subd. 3. [BOND AND INSURANCE EXEMPTION.] A contracting
pipefitter who is an employee of a contracting pipefitter or who
is an employee engaged within the limits of property owned,
leased and operated, or maintained by the employer, in the
maintenance and repair of high pressure pipe work, equipment, or
facilities owned or leased by the employer, shall not be
required to meet the bond and insurance requirements of
subdivision 2. The applicant for a high pressure piping
business license or renewal shall give bond to the state in the
total penal sum of $15,000 conditioned upon the faithful and
lawful performance of all work entered upon within the state.
The bond shall run to and be for the benefit of persons injured
or suffering financial loss by reason of failure of payment or
performance. Claims and actions on the bond may be brought
according to sections 574.26 to 574.38.
The term of the bond must be concurrent with the term of
the high pressure pipefitting business license, and run without
interruption from the date of the issuance of the license to the
end of the calendar year. All high pressure pipefitting
business licenses must be annually renewed on a calendar year
basis.
The bond must be filed with the secretary of state and
shall be in lieu of any other business license bonds required by
any political subdivision for high pressure pipefitting. The
bond must be written by a corporate surety licensed to do
business in the state.
Sec. 4. Minnesota Statutes 1994, section 326.48,
subdivision 4, is amended to read:
Subd. 4. [ALTERNATIVE COMPLIANCE INSURANCE.] Compliance
with the local bond requirements of a locale within which work
is to be performed shall be deemed to satisfy the bond and
insurance requirements of subdivision 2. In addition to the
bond described in subdivision 3, each applicant for a high
pressure pipefitting business license or renewal shall have in
force public liability insurance, including products liability
insurance, with limits of at least $100,000 per person and
$300,000 per occurrence and property damage insurance with
limits of at least $50,000.
The insurance must be kept in force for the entire term of
the high pressure pipefitting business license, and the license
shall be suspended by the department if at any time the
insurance is not in force.
The insurance must be written by an insurer licensed to do
business in the state and shall be in lieu of any other
insurance required by any subdivision of government for high
pressure pipefitting. Each person, partnership, firm, or
corporation holding a high pressure pipefitting business shall
maintain on file with the department a certificate evidencing
the insurance. Any purported cancellation of insurance shall
not be effective without the insurer first giving 30 days'
written notice to the department.
Sec. 5. Minnesota Statutes 1994, section 326.48,
subdivision 5, is amended to read:
Subd. 5. [FEE.] The state department of labor and industry
may charge each applicant for a contracting pipefitter high
pressure pipefitting business license or for a renewal of
a contracting pipefitter high pressure pipefitting business
license and an additional fee commensurate with the cost of
administering the bond and insurance requirements of subdivision
2 subdivisions 3 and 4.
Sec. 6. Minnesota Statutes 1994, section 326.50, is
amended to read:
326.50 [APPLICATION; FEES.]
Application for a pipefitter's an individual contracting
pipefitter competency or an individual journeyman pipefitter
competency license shall be made to the department of labor and
industry, with fees. The applicant shall be licensed only after
passing an examination by the department of labor and industry.
Fees and conditions for renewal of journeyman and contracting
pipefitter's licenses an individual contracting pipefitter
competency or an individual journeyman pipefitter competency
license shall be set determined by the commissioner department
by rule under chapter 14 and section 16A.128.
Sec. 7. Minnesota Statutes 1994, section 326.51, is
amended to read:
326.51 [DEPARTMENT MAY REVOKE LICENSES.]
The department may revoke or suspend, for cause, any
license obtained through error or fraud, or if the licensee is
shown to be incompetent, or for a violation of any of its rules
and regulations applicable to such high pressure pipefitting
work. The licensee shall have notice, in writing, enumerating
the charges, and be entitled to a hearing on at least ten days'
notice, with the right to produce testimony. The hearing shall
be held pursuant to chapter 14. The commissioner shall issue a
final order based on testimony and the record at hearing. One
year from the date of revocation application may be made for a
new license.
Sec. 8. Minnesota Statutes 1994, section 326.52, is
amended to read:
326.52 [DEPOSIT OF FEES.]
All fees received under sections 326.46 to 326.52 shall be
deposited by the department of labor and industry to the credit
of the general fund in the state treasury. The salaries and per
diem of the inspectors and examiners hereinbefore provided,
their expenses, and all incidental expenses of the department in
carrying out the provisions of sections 326.46 to 326.52 shall
be paid from the appropriations made to the department of labor
and industry. The commissioner by rule shall set the amount of
the fees at a level that approximates, to the greatest extent
possible, the salaries, per diem, and incidental expenses of the
department.
Sec. 9. [REPEALER.]
Minnesota Statutes 1994, section 326.47, subdivisions 3 and
4, are repealed.
Presented to the governor May 4, 1995
Signed by the governor May 5, 1995, 9:05 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes