1.1 	A bill for an act
1.2 	relating to the building code; enhancing fee revenue;
1.3 	providing for the certification of private building
1.4 	inspectors; providing the method for inspection of
1.5 	certain residential buildings; permitting exemption
1.6 	from certain boiler inspection requirements; amending
1.7 	Minnesota Statutes 2004, section 183.57; proposing
1.8 	coding for new law in Minnesota Statutes, chapter 16B.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. [16B.651] CERTIFIED INSPECTORS OF CERTAIN
1.11 	RESIDENTIAL BUILDINGS.
1.12 		Subdivision 1.Payment of private inspectors; credit. An
1.13 	owner or contractor who elects to have an inspection performed
1.14 	by a private inspector under subdivision 3 must pay for the
1.15 	inspection.  Sixty percent of the amount paid must be credited
1.16 	to future building permit fees incurred in the same municipality
1.17 	within 24 months if the owner or contractor submits copies of
1.18 	signed inspection receipts at the time of the building permit
1.19 	application.
1.20 		Subd. 2.Application. This section applies to building
1.21 	inspections of single-family residential buildings intended for
1.22 	occupancy by one family.  This section does not apply to rental
1.23 	code inspections, mechanical inspections, or electrical
1.24 	inspections.  Final inspection and issuance of a certificate of
1.25 	occupancy is the responsibility of the regulatory unit of
1.26 	government that issued the building permit.
1.27 		Subd. 3.Private inspection authorized. An owner or
2.1 	contractor may have any required inspection performed by an
2.2 	inspector certified under subdivision 4.
2.3 		Subd. 4.Certification. The commissioner may certify
2.4 	inspectors who are qualified to perform inspections under this
2.5 	section.  The commissioner may require a certified inspector to
2.6 	post a bond in an amount determined by the commissioner.  A
2.7 	municipality may not restrict an owner's ability to choose among
2.8 	certified inspectors, except that an inspector may not inspect a
2.9 	property if the inspector or an affiliate of the inspector was
2.10 	involved in planning, design, or construction of the project.
2.11 	For purposes of this section, an "affiliate" is a person
2.12 	directly or indirectly controlling, controlled by, or under
2.13 	common control with another person.
2.14 		Subd. 5.Record filed with municipality. If a required
2.15 	inspection is performed by a private inspector, the owner or
2.16 	contractor must retain a copy of the signed inspection record at
2.17 	the construction site for the duration of the project and file a
2.18 	record of the inspection with the municipality within ten days
2.19 	of the inspection.  The municipality must not perform a final
2.20 	building inspection until the private inspection report is filed.

2.21 	Sec. 2. Minnesota Statutes 2004, section 183.57, is
2.22 	amended to read:
2.23 	183.57 REPORT OF INSURER OR AUTHORIZED INSPECTION AGENCY;
2.24 	EXEMPTION FROM INSPECTION.
2.25 		Subdivision 1.Report required. Any insurance company or
2.26 	authorized inspection agency insuring or inspecting boilers and
2.27 	pressure vessels in this state shall make a written report
2.28 	thereof showing the date of inspection, the name of the person
2.29 	making the inspection, the condition of the boiler or pressure
2.30 	vessel as disclosed by the inspection, whether the same is
2.31 	operated by a properly licensed engineer, and whether a policy
2.32 	of insurance or notice of inspection has been issued by the
2.33 	company with reference to the boiler or pressure vessel.  Within
2.34 	15 days after the inspection, the insurance company or
2.35 	authorized inspection agency shall mail a copy of the report to
2.36 	the chief boiler inspector and a copy of the report to the
3.1 	person, firm, or corporation owning or operating the boiler or
3.2 	pressure vessel inspected.  Such report shall be made annually
3.3 	for boilers and biennially for pressure vessels.
3.4 		Subd. 2.Exemption. Every boiler or pressure vessel as
3.5 	to which any insurance company or authorized inspection agency 
3.6 	authorized to do business in this state has issued a policy of
3.7 	insurance or notice of inspection, after the inspection thereof,
3.8 	is exempt from inspection made under sections 183.375 to 183.62,
3.9 	while the same continues to be insured or inspected and the
3.10 	person, firm, or corporation owning or operating the same has an
3.11 	unexpired certificate of exemption from inspection, issued by
3.12 	the chief boiler inspector.  The fee set by the commissioner
3.13 	pursuant to section 16A.1285, on the first object inspected and
3.14 	on each object thereafter shall apply to each exempt object.  A
3.15 	certificate of exemption expires one year from date of issue.
3.16 	The certificate of exemption shall be posted in a conspicuous
3.17 	place near the boiler or pressure vessel or in the plant office
3.18 	or boiler room described therein and to which it relates.  Every
3.19 	insurance company or authorized inspection agency shall give
3.20 	written notice to the chief boiler inspector of the cancellation
3.21 	or expiration of every policy of insurance or notice of
3.22 	inspection issued by it with reference to policies or
3.23 	inspections in this state, and the cause or reason for the
3.24 	cancellation or expiration.  These notices of cancellation or
3.25 	expiration shall show the date of the policy or last inspection 
3.26 	and the date when the cancellation has or will become effective.
3.27 		Subd. 4.Certificate of exemption. The Division of
3.28 	Boiler Inspection may issue a billing and exemption certificate
3.29 	for each boiler and pressure vessel which the division records
3.30 	indicate shall be or has been inspected by an insurance company
3.31 	or authorized inspection agency which is providing coverage or
3.32 	inspections for the boilers and pressure vessels.  The division
3.33 	may determine the monthly schedule of the billings to be
3.34 	followed for each business insured.
3.35 		Subd. 5.Definition. "Authorized inspection agency"
3.36 	means an agency accredited as an authorized inspection agency by
4.1 	the National Board of Boiler and Pressure Vessel Inspectors.