1.1 	A bill for an act
1.2 	relating to construction codes; recodifying and modifying construction codes and 
1.3 	licensing provisions; modifying the State Building Code; providing penalties 
1.4 	for enforcement; instructing the revisor to renumber statutory provisions; 
1.5 	amending Minnesota Statutes 2004, sections 16B.60, subdivisions 4, 
1.6 	7, 8, 11; 16B.61, as amended; 16B.615, subdivision 4; 16B.617; 16B.6175; 
1.7 	16B.63; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivision 2; 
1.8 	16B.744; 16B.745, subdivisions 1, 4; 16B.747; 16B.748; 16B.76; 31.175; 
1.9 	103I.621, subdivision 3; 136F.61; 144.99, subdivision 1; 175.16, subdivision 1; 
1.10 	183.38; 183.39, subdivision 1; 183.411, subdivision 2; 183.45; 183.46; 183.465; 
1.11 	183.466; 183.48; 183.501; 183.505; 183.51, as amended; 183.54, subdivisions 
1.12 	1, 3; 183.56; 183.59; 183.60; 183.61, subdivisions 2, 4; 214.01, subdivision 3; 
1.13 	214.04, subdivision 3; 299F.011, subdivision 1; 325E.58; 326.01, subdivisions 2, 
1.14 	3, 4, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 7, 8, 9; 326.241; 326.242, as amended; 
1.15 	326.243; 326.244, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 326.2441, 
1.16 	subdivisions 2, 7, 8, 10, 11; 326.245; 326.247; 326.248; 326.37; 326.38; 326.39; 
1.17 	326.40; 326.401; 326.405; 326.42, as amended; 326.46; 326.461, by adding 
1.18 	subdivisions; 326.47, subdivisions 1, 6; 326.48; 326.50; 326.57, subdivision 
1.19 	1; 326.58; 326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 
1.20 	326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 
1.21 	326.86; 326.87; 326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 
1.22 	1; 326.92; 326.921; 326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 
1.23 	326.992; 327.20, subdivision 1; 327.31, subdivisions 2, 3, 4, 7, 15, by adding 
1.24 	a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, 
1.25 	subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, 
1.26 	subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4, 7, 
1.27 	8; 363A.40, subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 
1.28 	471.465; 471.466; 471.467; 471.471; Minnesota Statutes 2005 Supplement, 
1.29 	sections 16B.04, subdivision 2; 144.122; 183.42; 183.545, by adding a 
1.30 	subdivision; 183.57, subdivisions 1, 2, 5, 6; 214.04, subdivision 1; proposing 
1.31 	coding for new law in Minnesota Statutes, chapter 327B; proposing coding for 
1.32 	new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 
1.33 	2004, sections 16B.665; 16B.747, subdivision 4; 45.027, subdivisions 1, 1a, 2, 3, 
1.34 	4, 7, 7a, 8, 9, 11, 12; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 6; 183.41, 
1.35 	subdivisions 1, 2, 3; 183.44, subdivisions 2, 3; 183.52; 183.54, subdivision 2; 
1.36 	183.61, subdivisions 1, 3, 5, 6; 326.01, subdivisions 6h, 10, 11, 12, 13; 326.242, 
1.37 	subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 
1.38 	6; 326.246; 326.2461; 326.41; 326.44; 326.45; 326.461, subdivision 3; 326.47, 
2.1 	subdivisions 2, 5; 326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 
2.2 	4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975, 
2.3 	subdivisions 1a, 1b, 2, 3; 326.98; 326.991; 327B.05, subdivisions 2, 3, 4, 5, 6; 
2.4 	Minnesota Statutes 2005 Supplement, sections 183.41, subdivision 4; 183.44, 
2.5 	subdivision 1; 183.545, subdivision 9; 326.975, subdivision 1; Minnesota Rules, 
2.6 	parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590; 
2.7 	3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 
2.8 	1, item I; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 
2.9 	5230.0040.
2.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.11 	ARTICLE 1
2.12 	REVISOR'S INSTRUCTION

2.13 	Section 1. REVISOR'S INSTRUCTION.
 2.14 	(a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall 
2.15 	change the terms "board" and "Board of Electricity" to "commissioner."
2.16 	(b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall 
2.17 	change the terms "commissioner" and "commissioner of health" to the term "commissioner 
2.18 	of labor and industry"; and shall change the terms "department" and "Department of 
2.19 	Health" to "Department of Labor and Industry."
2.20 	(c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, 
2.21 	1346, 1350, 1360, and 7672, the revisor of statutes shall:
2.22 	(1) change the term "commissioner of administration" to "commissioner of labor 
2.23 	and industry";
2.24 	(2) change the term "Department of Administration" to "Department of Labor and 
2.25 	Industry";
2.26 	(3) change the term "Department of Administration's Building Codes and Standards 
2.27 	Division" to "Department of Labor and Industry"; and
2.28 	(4) change the term "director of the Building Codes and Standards Division of the 
2.29 	Department of Administration" to "individual appointed by the commissioner of labor and 
2.30 	industry to administer the code."

2.31 	ARTICLE 2
2.32 	CONSTRUCTION CODES AND LICENSING

2.33 	Section 1. Minnesota Statutes 2004, section 299F.011, subdivision 1, is amended to 
2.34 	read:
2.35 		Subdivision 1.Uniform Fire Code rulemaking authority. The commissioner of 
2.36 	public safety through the Division of Fire Marshal labor and industry may promulgate a 
3.1 	Uniform Fire Code and make amendments thereto in accordance with the Administrative 
3.2 	Procedure Act in chapter 14. The code and its amendments shall conform insofar as 
3.3 	practicable to model fire codes generally accepted and in use throughout the United States, 
3.4 	with consideration given to existing statewide specialty codes presently in use in the state 
3.5 	of Minnesota. Statewide specialty codes and model codes with necessary modifications 
3.6 	may be adopted by reference in accordance with section  14.07, subdivision 4. 

3.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.8 	Sec. 2. [326B.01] DEFINITIONS.
3.9 		Subdivision 1.Scope. The definitions in this section apply to chapter 326B.
3.10 		Subd. 2.ASME. "ASME" means the American Society of Mechanical Engineers.
3.11 		Subd. 3.Commissioner. "Commissioner" means the commissioner of labor 
3.12 	and industry or a duly designated representative of the commissioner who is either an 
3.13 	employee of the Department of Labor and Industry or a person working under contract 
3.14 	with the department.
3.15 		Subd. 4.Department. "Department" means the Department of Labor and Industry.
3.16 		Subd. 5.Day. "Day" means calendar day unless otherwise provided.
3.17 		Subd. 6.Individual. "Individual" means a human being.
3.18 		Subd. 7.Person. "Person" means any individual, limited liability company, 
3.19 	corporation, partnership, incorporated or unincorporated association, sole proprietorship, 
3.20 	joint stock company, or any other legal or commercial entity.

3.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.22 	Sec. 3. [326B.02] POWERS.
3.23 		Subdivision 1.Transfer of responsibilities. The responsibilities of the 
3.24 	commissioner of administration relating to the state building code, sections 16B.59 to 
3.25 	16B.76; construction of low-cost manufactured home park storm shelters, section 327.205; 
3.26 	manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory 
3.27 	warranties in connection with the sale of dwellings and home improvement work, chapter 
3.28 	327A, are transferred under section 15.039 to the commissioner of labor and industry as 
3.29 	amended and recodified in this chapter. The responsibilities of the commissioner of health 
3.30 	relating to the state plumbing code and licensing, sections 16B.61, 144.99 to 144.993, and 
3.31 	326.37 to 326.45, and water conditioning contractors and installers, sections 326.57 to 
3.32 	326.65, are transferred under section 15.039 to the commissioner of labor and industry 
3.33 	as amended and recodified in this chapter. The responsibilities of the commissioner of 
4.1 	commerce relating to residential contractors, residential remodelers, residential roofers, 
4.2 	manufactured home installers, and the contractor's recovery fund under sections 45.027 to 
4.3 	45.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of 
4.4 	labor and industry as amended and recodified in this chapter. The responsibilities of the 
4.5 	Board of Electricity relating to the state electrical code and licensing, sections 16B.61 and 
4.6 	326.241 to 326.248, are transferred under section 15.039 to the commissioner of labor and 
4.7 	industry as amended and recodified in this chapter.
4.8 		Subd. 2.Definition of responsibilities. For purposes of subdivision 1, 
4.9 	responsibilities include powers, duties, rights, obligations, and other authority imposed by 
4.10 	law on the commissioner and the department.
4.11 		Subd. 3.State fire marshal cooperation. The state fire marshal shall work with the 
4.12 	commissioner to improve the delivery of services to the public through the coordination 
4.13 	of services and utilization of technology.
4.14 		Subd. 4.General rulemaking authority. The commissioner may, under the 
4.15 	rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt, 
4.16 	amend, suspend, and repeal rules relating to the commissioner's responsibilities under 
4.17 	this chapter.

4.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.19 	Sec. 4. [326B.04] DEPOSIT OF MONEY.
4.20 		Subdivision 1.Construction code fund. There is created in the state treasury 
4.21 	a construction code fund as a special revenue fund for the purpose of administering this 
4.22 	chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those 
4.23 	sections, except penalties, are credited to the construction code fund unless otherwise 
4.24 	specifically designated by law. Any interest or profit accruing from investment of these 
4.25 	sums is credited to the construction code fund. All money collected in the construction 
4.26 	code fund is appropriated to the commissioner to administer and enforce the provisions 
4.27 	of these laws.
4.28 	Unless otherwise provided by law, all penalties assessed under this chapter, section 
4.29 	327.35, and chapter 327B are credited to the assigned risk safety account established 
4.30 	by section 79.253.
4.31 		Subd. 2.Deposits. All remaining balances as of June 30, 2006, in the state 
4.32 	government special revenue fund and special revenue fund accounts maintained for 
4.33 	the Building Codes and Standards Division, Board of Electricity, and plumbing and 
4.34 	engineering unit are transferred to the construction code fund. Unless otherwise 
4.35 	specifically designated by law: (1) all money collected under chapter 183 and sections 
5.1 	16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57 
5.2 	to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties, 
5.3 	is credited to the construction code fund; (2) all fees collected under section 45.23 in 
5.4 	connection with continuing education for residential contractors, residential remodelers, 
5.5 	and residential roofers are credited to the construction code fund; and (3) all penalties 
5.6 	assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under 
5.7 	sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45 
5.8 	or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned 
5.9 	risk safety account established by section 79.253.

5.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

5.11 	Sec. 5. [326B.05] EXAM ADMINISTRATION.
5.12 	The commissioner may contract with a professional examination service to develop 
5.13 	and administer examinations. The contract may provide for the examination service 
5.14 	provider to charge an examination fee to each examinee. The examination fee shall be 
5.15 	set by the contract. For the purposes of these contracts, the department is not required to 
5.16 	comply with section 16A.1283.

5.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.18 	Sec. 6. [326B.06] BONDS.
5.19 	Bonds issued under this chapter are not state bonds or contracts for purposes of 
5.20 	sections 8.05 and 16C.05, subdivision 2.

5.21 	Sec. 7. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
5.22 	The commissioner shall not be subject to subpoena for purposes of providing expert 
5.23 	testimony or for purposes of providing testimony or documents, as that term is defined in 
5.24 	section 326B.081, subdivision 4, about an investigation or inspection conducted by the 
5.25 	commissioner, except in an enforcement proceeding brought by the commissioner.

5.26 	ARTICLE 3
5.27 	ENFORCEMENT

5.28 	Section 1. [326B.081] DEFINITIONS.
5.29 		Subdivision 1.Application. For purposes of sections 326B.081 to 326B.085, the 
5.30 	terms defined in this section have the meanings given them.
6.1 		Subd. 2.Administrative order. "Administrative order" means an order issued 
6.2 	under section 326B.082, subdivision 7.
6.3 		Subd. 3.Applicable law. "Applicable law" means the provisions of sections 
6.4 	326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders, 
6.5 	stipulation agreements, settlements, compliance agreements, licenses, registrations, 
6.6 	certificates, and permits adopted, issued, or enforced by the department under sections 
6.7 	326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
6.8 		Subd. 4.Document or documents. "Document" or "documents" includes papers; 
6.9 	books; records; memoranda; data; contracts; drawings; graphs; charts; photographs; 
6.10 	digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails; 
6.11 	invoices; bills; notes; and calendars maintained in any form or manner.
6.12 		Subd. 5.Final. "Final" when used to describe any order issued under section 
6.13 	326B.082 means that:
6.14 	(1) no request for hearing in connection with the order was filed in the manner and 
6.15 	within the time provided by section 326B.082; 
6.16 	(2) all requests for hearing have been withdrawn;
6.17 	(3) a settlement agreement in connection with the order has been signed by all 
6.18 	the parties; or
6.19 	(4) after the filing of a request for hearing, an order has been issued by the 
6.20 	commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been 
6.21 	pursued or forgone.
6.22 		Subd. 6.Licensing order. "Licensing order" means an order issued under section 
6.23 	326B.082, subdivision 12, paragraph (a).
6.24 		Subd. 7.Minimum qualifications. "Minimum qualifications" means the 
6.25 	educational, experience, fee, examination, application, and other eligibility requirements 
6.26 	that an applicant must meet in order to obtain a license, registration, certificate, or 
6.27 	permit under the applicable law. For an applicant that is not an individual, the minimum 
6.28 	qualifications include the requirement that an employee or other individual associated 
6.29 	with the applicant hold a license.
6.30 		Subd. 8.Stop order. "Stop order" means an order issued under section 326B.082, 
6.31 	subdivision 10.

6.32 	Sec. 2. [326B.082] ENFORCEMENT.
6.33 		Subdivision 1.Remedies available. The commissioner may enforce all applicable 
6.34 	law under this section. The commissioner may use any enforcement provision in this 
6.35 	section, including the assessment of penalties, against a person required to hold a license, 
7.1 	registration, certificate, or permit under the applicable law based on conduct that would 
7.2 	provide grounds for action against a licensee, registrant, certificate holder, or permit 
7.3 	holder under the applicable law. The use of an enforcement provision in this section 
7.4 	shall not preclude the use of any other enforcement provision in this section or otherwise 
7.5 	provided by law.
7.6 		Subd. 2.Access to information and property; subpoenas. (a) In order to carry out 
7.7 	the purposes of the applicable law, the commissioner may:
7.8 	(1) administer oaths and affirmations, certify official acts, interview, question, take 
7.9 	oral or written statements, and take depositions;
7.10 	(2) request, examine, take possession of, test, sample, measure, photograph, record, 
7.11 	and copy any documents, apparatus, devices, equipment, or materials;
7.12 	(3) at a time and place indicated by the commissioner, request persons to appear 
7.13 	before the commissioner to give testimony and produce documents, apparatus, devices, 
7.14 	equipment, or materials;
7.15 	(4) issue subpoenas to compel persons to appear before the commissioner to give 
7.16 	testimony and produce documents, apparatus, devices, equipment, or materials; and
7.17 	(5) with or without notice, enter without delay upon any property, public or private, 
7.18 	for the purpose of taking any action authorized under this subdivision or the applicable 
7.19 	law, including obtaining information, taking steps to remedy violations, or conducting 
7.20 	surveys, inspections, or investigations.
7.21 	(b) Persons requested by the commissioner to give testimony or produce documents, 
7.22 	apparatus, devices, equipment, or materials shall respond within the time and in the manner 
7.23 	specified by the commissioner. If no time to respond is specified in the request, then a 
7.24 	response shall be submitted within 30 days of the commissioner's service of the request.
7.25 	(c) Upon the refusal or anticipated refusal of a property owner, lessee, property 
7.26 	owner's representative, or lessee's representative to permit the commissioner's entry 
7.27 	onto the property as provided in paragraph (a), the commissioner may apply for 
7.28 	an administrative inspection order in the Ramsey County District Court or, at the 
7.29 	commissioner's discretion, in the district court in the county in which the property is 
7.30 	located. The commissioner may anticipate that a property owner will refuse entry if 
7.31 	the property owner or the property owner's representative has refused to permit entry 
7.32 	on a prior occasion or has informed the commissioner that entry will be refused. Upon 
7.33 	showing of administrative probable cause by the commissioner, the district court shall 
7.34 	issue an administrative inspection order that compels the property owner to permit the 
7.35 	commissioner to enter the property for the purposes specified in paragraph (a). 
8.1 	(d) Upon the application of the commissioner, a district court shall treat the failure of 
8.2 	any person to obey a subpoena lawfully issued by the commissioner under this subdivision 
8.3 	as a contempt of court.
8.4 		Subd. 3.Service. Unless otherwise specified, service of a document on a person 
8.5 	under this section or section 326B.083 may be by mail, by personal service, or in 
8.6 	accordance with any consent to service filed with the commissioner. Service by mail shall 
8.7 	be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart 
8.8 	2. Personal service shall be accomplished in the manner provided in Minnesota Rules, 
8.9 	part 1400.5550, subpart 3.
8.10 		Subd. 4.Fax transmission. Whenever this section or section 326B.083 permits a 
8.11 	request for reconsideration or request for hearing to be faxed to the commissioner, the 
8.12 	fax cannot exceed 15 pages in length. The request will be considered timely if the fax is 
8.13 	received by the commissioner, at the fax number identified by the commissioner in the 
8.14 	order or notice of violation, no later than 4:30 p.m. on the last day permitted for faxing 
8.15 	the request. Where the quality or authenticity of the request is at issue, the commissioner 
8.16 	may require the original request to be filed. Where the commissioner has not identified 
8.17 	quality or authenticity as an issue and the request has been faxed in accordance with this 
8.18 	subdivision, the person faxing the request does not need to provide the original request to 
8.19 	the commissioner.
8.20 		Subd. 5.Time computation. In computing any period of time prescribed or allowed 
8.21 	by this section, the day of the act, event, or default from which the designated period of 
8.22 	time begins to run shall not be included. The last day of the period so computed shall be 
8.23 	included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs 
8.24 	until the end of the next day which is not a Saturday, Sunday, or legal holiday.
8.25 		Subd. 6.Notices of violation. (a) The commissioner may issue a notice of violation 
8.26 	to any person who has committed a violation of the applicable law. The notice of violation 
8.27 	must state a summary of the facts that constitute the violation and the applicable law 
8.28 	violated. The notice of violation may require the person to correct the violation. If 
8.29 	correction is required, the notice of violation must state the time by which the violation 
8.30 	must be corrected.
8.31 	(b) The commissioner shall issue the notice of violation by:
8.32 	(1) serving the notice of violation on the property owner or on the person who 
8.33 	committed the violation; or
8.34 	(2) posting the notice of violation at the address where the violation occurred.
8.35 	(c) If the person to whom the commissioner has issued the notice of violation 
8.36 	believes that the information contained in the notice is in error, the person may request 
9.1 	that the commissioner reconsider the parts of the notice that are alleged to be in error. The 
9.2 	request for reconsideration must be in writing and must be served on or faxed to the 
9.3 	commissioner at the address or fax number specified in the notice of violation on or before 
9.4 	the tenth day after the commissioner issues the notice of violation. The date on which a 
9.5 	request for reconsideration is served by mail shall be the postmark date on the envelope in 
9.6 	which the request for reconsideration is mailed. The request for reconsideration must:
9.7 	(1) specify which parts of the notice of violation are alleged to be in error;
9.8 	(2) explain why they are in error; and 
9.9 	(3) provide documentation to support the allegation of error.
9.10 	The commissioner must respond in writing to requests made under this paragraph 
9.11 	within 15 days after receiving a request. A request for reconsideration does not stay any 
9.12 	obligation to correct as set forth in the notice of violation. After reviewing the request for 
9.13 	reconsideration, the commissioner may affirm, modify, or rescind the notice of violation. 
9.14 	The commissioner's disposition of a request for reconsideration is final and may not be 
9.15 	reviewed by any court or agency.
9.16 		Subd. 7.Administrative orders; correction; assessment of monetary penalties.
 9.17 	(a) The commissioner may issue an administrative order to any person who has committed 
9.18 	a violation of the applicable law. The commissioner shall serve the administrative order 
9.19 	on the person. The administrative order may include a requirement that the violation be 
9.20 	corrected, may require the person to cease and desist from committing the violation, and 
9.21 	may include an assessment of monetary penalties. The procedures in section 326B.083 
9.22 	must be followed when issuing administrative orders. Except as provided in paragraph (b), 
9.23 	the commissioner may issue to each person a monetary penalty of up to $10,000 for each 
9.24 	violation of applicable law committed by that person. The commissioner may specify in 
9.25 	the order that some or all of the monetary penalty will be forgiven if the person who is 
9.26 	subject to the order demonstrates to the commissioner before the 31st day after the order 
9.27 	is issued that the person has corrected the violation or has developed a correction plan 
9.28 	acceptable to the commissioner.
9.29 	(b) If the commissioner issues an administrative order for failure to correct a 
9.30 	violation by the deadline stated in a final administrative order issued under paragraph (a), 
9.31 	then each day after the deadline during which the violation remains uncorrected is a 
9.32 	separate violation for purposes of calculating the maximum penalty amount.
9.33 	(c) If the commissioner issues an administrative order to a corporation, the 
9.34 	persons subject to the order include all owners and officers of the corporation. For any 
9.35 	administrative order issued under this section, the naming of a corporation as a person 
9.36 	subject to the order constitutes the naming of the owners and officers as persons subject 
10.1 	to the order, and service of the administrative order on the corporation shall constitute 
10.2 	service upon the owners and officers.
10.3 	(d) Upon the application of the commissioner, a district court shall treat the failure 
10.4 	of any person to complete any correction required in a final administrative order lawfully 
10.5 	issued by the commissioner under this subdivision as a contempt of court.
10.6 		Subd. 8.Hearings related to administrative orders. (a) Within 30 days after the 
10.7 	commissioner serves an administrative order or within 20 days after the commissioner 
10.8 	serves notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the person 
10.9 	subject to an administrative order may request an expedited hearing, using the procedures 
10.10 	of Minnesota Rules, parts 1400.8510 to 1400.8612, to review the commissioner's 
10.11 	action. The request for hearing must be in writing and must be served on or faxed to the 
10.12 	commissioner at the address or fax number specified in the order. If the person does 
10.13 	not request a hearing or if the person's written request for hearing is not served on or 
10.14 	faxed to the commissioner on or before the 30th day after the commissioner served the 
10.15 	administrative order or the 20th day after the commissioner served the notice under section 
10.16 	326B.083, subdivision 3, paragraph (b), clause (3), the order will become a final order of 
10.17 	the commissioner and will not be subject to review by any court or agency. The date on 
10.18 	which a request for hearing is served by mail shall be the postmark date on the envelope in 
10.19 	which the request for hearing is mailed. The hearing request must specifically state the 
10.20 	reasons for seeking review of the order. The person to whom the order is issued and the 
10.21 	commissioner are the parties to the expedited hearing. The commissioner must notify the 
10.22 	person to whom the order is issued of the time and place of the hearing at least 15 days 
10.23 	before the hearing. The expedited hearing must be held within 45 days after a request for 
10.24 	hearing has been filed with the commissioner unless the parties agree to a later date.
10.25 	(b) All written arguments must be submitted within ten days following the close of 
10.26 	the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
10.27 	1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in 
10.28 	consultation with the agency, adopt rules specifically applicable to cases under this section.
10.29 	(c) The administrative law judge shall issue a report making findings of fact, 
10.30 	conclusions of law, and a recommended order to the commissioner within 30 days 
10.31 	following the close of the record.
10.32 	(d) If the administrative law judge makes a finding that the hearing was requested 
10.33 	solely for purposes of delay or that the hearing request was frivolous, the commissioner 
10.34 	may add to the amount of the penalty the costs charged to the department by the Office of 
10.35 	Administrative Hearings for the hearing.
11.1 	(e) If a hearing has been held, the commissioner shall not issue a final order until 
11.2 	at least five days after the date of the administrative law judge's report. Any person 
11.3 	aggrieved by the administrative law judge's report may, within those five days, serve 
11.4 	written comments to the commissioner on the report and the commissioner shall consider 
11.5 	the comments. The commissioner's final order may be appealed in the manner provided in 
11.6 	sections 14.63 to 14.69.
11.7 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
11.8 	commissioner may bring an action for injunctive relief in the Ramsey County District 
11.9 	Court or, at the commissioner's discretion, in the district court in the county in which a 
11.10 	violation of the applicable law has occurred or is about to occur to enjoin the violation. 
11.11 	A temporary restraining order and other injunctive relief shall be granted by the district 
11.12 	court whenever it appears that any person has engaged in or is about to engage in any act, 
11.13 	conduct, or practice constituting a violation of the applicable law. The commissioner shall 
11.14 	not be required to show irreparable harm.
11.15 		Subd. 10.Stop orders. (a) Whenever based on an inspection or investigation 
11.16 	it appears to the commissioner that a person has committed or is about to commit an 
11.17 	act, conduct, or practice that violates the applicable law, the commissioner may issue to 
11.18 	the person a stop order requiring the person to cease and desist from committing the 
11.19 	act, conduct, or practice.
11.20 	(b) Whenever based on an inspection or investigation it appears to the commissioner 
11.21 	that a condition exists on real property that violates the applicable law, the commissioner 
11.22 	may issue a stop order to the owner or lessee of the real property to correct the condition 
11.23 	that is in violation.
11.24 	(c) The commissioner shall issue the stop work order by:
11.25 	(1) serving the order on the person who has committed or is about to commit the 
11.26 	violation;
11.27 	(2) posting the order at the location where the violation was committed or is about to 
11.28 	be committed or where the violating condition exists; or
11.29 	(3) serving the order on any owner or lessee of the real property where the violating 
11.30 	condition exists.
11.31 	(d) A stop order shall:
11.32 	(1) describe the act, conduct, or practice committed or about to be committed, or the 
11.33 	condition, and include a reference to the applicable law that the act, conduct, practice, or 
11.34 	condition violates or would violate; and
11.35 	(2) provide notice that any person aggrieved by the stop order may request a hearing 
11.36 	as provided in paragraph (e).
12.1 	(e) Within 30 days after the commissioner issues a stop order, any person aggrieved 
12.2 	by the order may request an expedited hearing, using the procedures of Minnesota Rules, 
12.3 	parts 1400.8510 to 1400.8612, to review the commissioner's action. The request for 
12.4 	hearing must be in writing and must be served on or faxed to the commissioner at the 
12.5 	address or fax number specified in the order. If the person does not request a hearing or 
12.6 	if the person's written request for hearing is not served on or faxed to the commissioner 
12.7 	on or before the 30th day after the commissioner issued the stop work order, the order 
12.8 	will become a final order of the commissioner and will not be subject to review by any 
12.9 	court or agency. The date on which a request for hearing is mailed is the postmark date 
12.10 	on the envelope in which the request for hearing is mailed. The hearing request must 
12.11 	specifically state the reasons for seeking review of the order. The person who requested 
12.12 	the hearing and the commissioner are the parties to the expedited hearing. The hearing 
12.13 	shall be commenced within ten days after the commissioner receives the request for 
12.14 	hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
12.15 	1400.8612, as modified by this subdivision. The administrative law judge shall issue a 
12.16 	report containing findings of fact, conclusions of law, and a recommended order within 
12.17 	ten days after the conclusion of the hearing. Any party aggrieved by the administrative 
12.18 	law judge's report shall have five days after the date of the administrative law judge's 
12.19 	report to submit exceptions and argument to the commissioner. Within 15 days after 
12.20 	receiving the administrative law judge's report, the commissioner shall issue an order 
12.21 	vacating, modifying, or making permanent the stop order. The commissioner and the 
12.22 	person requesting the hearing may by agreement lengthen any time periods described in 
12.23 	this paragraph. The Office of Administrative Hearings may, in consultation with the 
12.24 	agency, adopt rules specifically applicable to cases under this subdivision.
12.25 	(f) A stop work order issued under this subdivision shall be in effect until it is 
12.26 	modified or vacated by the commissioner or an appellate court. The administrative hearing 
12.27 	provided by this subdivision and any appellate judicial review as provided in chapter 14 
12.28 	shall constitute the exclusive remedy for any person aggrieved by a stop order.
12.29 	(g) Upon the application of the commissioner, a district court shall treat the failure 
12.30 	of any person to obey a final stop order lawfully issued by the commissioner under this 
12.31 	subdivision as a contempt of court.
12.32 		Subd. 11.Licensing orders; grounds; reapplication. (a) The commissioner may 
12.33 	deny a permit, license, registration, or certificate if the applicant does not meet or fails 
12.34 	to maintain the minimum qualifications for holding the permit, license, registration, or 
12.35 	certificate, or has any unresolved violations or unpaid fees or penalties related to the 
12.36 	activity for which the permit, license, registration, or certificate was issued.
13.1 	(b) The commissioner may condition the grant of a permit, license, registration, or 
13.2 	certificate on a demonstration by the applicant that actions required by the applicable law 
13.3 	have been taken, or may place conditions on or issue a limited permit, license, registration, 
13.4 	or certificate.
13.5 	(c) The commissioner may deny, suspend, limit, place conditions on, or revoke 
13.6 	a permit, license, registration, or certificate, or censure the person holding the permit, 
13.7 	license, registration, or certificate, for:
13.8 	(1) committing one or more violations of the applicable law;
13.9 	(2) submitting false or misleading information to the state in connection with 
13.10 	activities for which the permit, license, registration, or certificate is issued, or in 
13.11 	connection with the application for the permit, license, registration, or certificate;
13.12 	(3) allowing the alteration or use of one's own permit, license, registration, or 
13.13 	certificate by another person;
13.14 	(4) within the previous five years, conviction of a crime in connection with activities 
13.15 	for which the permit, license, registration, or certificate was issued;
13.16 	(5) violating a final administrative order issued under subdivision 7 or a final stop 
13.17 	order issued under subdivision 10;
13.18 	(6) failing to cooperate with a commissioner's request to give testimony, to produce 
13.19 	documents, things, apparatus, devices, equipment, or materials, or to access property 
13.20 	under subdivision 2;
13.21 	(7) retaliating in any manner against any employee or person who is questioned by, 
13.22 	cooperates with, or provides information to the commissioner or an employee or agent 
13.23 	authorized by the commissioner who seeks access to property or things under subdivision 
13.24 	2;
13.25 	(8) engaging in any fraudulent, deceptive, or dishonest act or practice; or
13.26 	(9) the applicant's, permit holder's, licensee's, registrant's, or certificate holder's 
13.27 	incompetence, untrustworthiness, or financial irresponsibility in the conduct of that 
13.28 	person's affairs, including but not limited to the performance of work in connection with 
13.29 	the permit, license, registration, or certificate.
13.30 	(d) If the commissioner revokes a person's permit, license, registration, or certificate 
13.31 	under paragraph (c), the person is prohibited from making a new application for the 
13.32 	same type of permit, license, registration, or certificate for at least two years after the 
13.33 	effective date of the revocation. The commissioner may, as a condition of reapplication, 
13.34 	require the applicant to obtain a bond or comply with additional reasonable conditions 
13.35 	of permitting, licensing, registration, or certification that the commissioner considers 
13.36 	necessary to protect the public. 
14.1 	(e) If a permit, license, registration, or certificate expires, or is surrendered, 
14.2 	withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may 
14.3 	institute a proceeding under this subdivision within two years after the permit, license, 
14.4 	registration, or certificate was last effective and enter a revocation or suspension order as 
14.5 	of the last date on which the permit, license, registration, or certificate was in effect.
14.6 		Subd. 12.Issuance of licensing orders; hearings related to licensing orders. 
 14.7 	(a) If the commissioner determines that a permit, license, registration, or certificate 
14.8 	should be conditioned, limited, suspended, revoked, or denied under subdivision 11, 
14.9 	or that the permit holder, licensee, registrant, or certificate holder should be censured 
14.10 	under subdivision 11, then the commissioner shall serve on the person an order denying, 
14.11 	conditioning, limiting, suspending, or revoking the person's permit, license, registration, 
14.12 	or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
14.13 	(b) Any order issued under paragraph (a) that is based in whole or in part on the 
14.14 	violation of any applicable law may include an assessment of monetary penalties and may 
14.15 	require the person to cease and desist from committing the violation. The monetary penalty 
14.16 	may be up to $10,000 for each violation of applicable law committed by the person. The 
14.17 	procedures in section 326B.083 must be followed when issuing orders under paragraph 
14.18 	(a). If the commissioner issues an order under paragraph (a) to a corporation, the persons 
14.19 	subject to the order include all owners and officers of the corporation. For any order issued 
14.20 	under paragraph (a), the naming of a corporation as a person subject to the order constitutes 
14.21 	the naming of the owners and officers as persons subject to the order, and service of the 
14.22 	order on the corporation shall constitute service upon the owners and officers.
14.23 	(c) The permit holder, licensee, registrant, certificate holder, or applicant on whom 
14.24 	the commissioner serves an order under paragraph (a) shall have 30 days after service of 
14.25 	the order to request a hearing. The request for hearing must be in writing and must be 
14.26 	served on or faxed to the commissioner at the address or fax number specified in the order 
14.27 	on or before the 30th day after service of the order. If the person does not request a hearing 
14.28 	or if the person's written request for hearing is not served on or faxed to the commissioner 
14.29 	on or before the 30th day after service of the order, the order shall become a final order of 
14.30 	the commissioner and will not be subject to review by any court or agency. The date on 
14.31 	which a request for hearing is served by mail shall be the postmark date on the envelope in 
14.32 	which the request for hearing is mailed. If the person submits to the commissioner a timely 
14.33 	request for hearing, a contested case hearing shall be held in accordance with chapter 14.
14.34 	(d) Paragraph (c) does not apply to summary suspension under subdivision 13.
14.35 		Subd. 13.Summary suspension. In any case where the commissioner has 
14.36 	issued an order to revoke or suspend a license, registration, certificate, or permit under 
15.1 	subdivision 12, the commissioner may summarily suspend the person's permit, license, 
15.2 	registration, or certificate before the order becomes final. The commissioner shall issue 
15.3 	a summary suspension order only when the safety of life or property is threatened 
15.4 	or to prevent the commission of fraudulent, deceptive, or dishonest acts against the 
15.5 	public. The summary suspension shall not affect the deadline for submitting a request 
15.6 	for hearing under subdivision 12. If the commissioner summarily suspends a person's 
15.7 	permit, license, registration, or certificate, a timely request for hearing submitted under 
15.8 	subdivision 12 shall also be considered a timely request for hearing on continuation of 
15.9 	the summary suspension. If the commissioner summarily suspends a person's permit, 
15.10 	license, registration, or certificate under this subdivision and the person submits a timely 
15.11 	request for a hearing, then a hearing on continuation of the summary suspension must be 
15.12 	held within ten days after the commissioner receives the request for hearing unless the 
15.13 	parties agree to a later date.
15.14 		Subd. 14.Plan for assessing penalties. The commissioner may prepare a plan for 
15.15 	assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall 
15.16 	provide a 30-day period for public comment on any such plan. Penalties assessed by the 
15.17 	commissioner in accordance with the plan shall be presumed reasonable.
15.18 		Subd. 15.Effect on other laws. Nothing in this section shall be construed to limit 
15.19 	the application of other state or federal laws, including specifically but not exclusively 
15.20 	section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a 
15.21 	permit, license, registration, or certificate issued by the commissioner.
15.22 		Subd. 16.Misdemeanor penalties. Except as otherwise provided by law, a person 
15.23 	who violates an applicable law is guilty of a misdemeanor.
15.24 		Subd. 17.Revocation and suspension of license. If a person fails to pay a penalty 
15.25 	owed under this section or section 326B.083, the commissioner may revoke or deny any 
15.26 	or all licenses, permits, certificates, and registrations issued by the department.

15.27 	Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF 
15.28 	ADMINISTRATIVE AND LICENSING ORDERS. 
15.29 		Subdivision 1.Amount of penalty; considerations. In determining the amount of 
15.30 	a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall 
15.31 	consider the factors described in section 14.045, subdivision 3.
15.32 		Subd. 2.Contents of administrative order and licensing order. (a) An 
15.33 	administrative order and a licensing order must include:
15.34 	(1) a summary of the facts that constitute the violation or violations;
15.35 	(2) a reference to the applicable law that has been violated; and
16.1 	(3) a statement of the person's right to request a hearing.
16.2 	(b) An administrative order may include a requirement that the violation be 
16.3 	corrected. If the order includes a requirement that the violation be corrected, then the 
16.4 	order must include, in addition to any statements required under paragraphs (a) and (c), 
16.5 	the deadline by which the violation must be corrected.
16.6 	(c) An administrative order or a licensing order may assess monetary penalties. If 
16.7 	the order assesses monetary penalties, then the order must include, in addition to any 
16.8 	statements required under paragraphs (a) and (b):
16.9 	(1) a statement of the amount of the monetary penalty imposed;
16.10 	(2) a statement that, when the order becomes final, the commissioner may file and 
16.11 	enforce the unpaid portion of a penalty as a judgment in district court without further 
16.12 	notice or additional proceedings; and
16.13 	(3) if the order is an administrative order, a statement of the amount of the penalty, 
16.14 	if any, that will be forgiven if the person who is subject to the order demonstrates to the 
16.15 	commissioner before the 31st day after the order is served that the person has corrected 
16.16 	the violation or has developed a correction plan acceptable to the commissioner.
16.17 		Subd. 3.Penalty. (a) If an administrative order includes a penalty assessment, then 
16.18 	the penalty is due and payable on the date the administrative order becomes final unless 
16.19 	some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, 
16.20 	then the penalty is due and payable on the date the licensing order becomes final.
16.21 	(b) This paragraph applies if an administrative order includes a penalty assessment 
16.22 	and all or a portion of the penalty is forgivable.
16.23 	(1) If any portion of the penalty is not forgivable, that portion of the penalty is due 
16.24 	and payable ten days after the date the administrative order becomes final.
16.25 	(2) The commissioner shall forgive the forgivable portion of the penalty if the 
16.26 	commissioner determines that the violation has been corrected within the time set by 
16.27 	the order or the person to whom the order was issued has developed a correction plan 
16.28 	acceptable to the commissioner within the time set by the order.
16.29 	(3) If the commissioner determines that the person to whom the order was issued 
16.30 	has failed to correct the violation within the time set by the order or has failed to develop 
16.31 	a correction plan acceptable to the commissioner within the time set by the order, then 
16.32 	the forgivable portion of the penalty is due and payable ten days after the commissioner 
16.33 	serves notice of the determination on the person or on the date the administrative order 
16.34 	becomes final, whichever is later.
16.35 	(c) This paragraph applies if an administrative order or a licensing order includes a 
16.36 	penalty assessment and if the person subject to the order has requested a hearing. The 
17.1 	administrative law judge may not recommend a change in the amount of the penalty if 
17.2 	the penalty was assessed in accordance with a plan prepared under section 326B.082, 
17.3 	subdivision 14. If the commissioner has not prepared a plan under section 326B.082, 
17.4 	subdivision 14, then the administrative law judge may not recommend a change in the 
17.5 	amount of the penalty unless the administrative law judge determines that, based on the 
17.6 	factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
17.7 	(d) The assessment of a penalty does not preclude the use of other enforcement 
17.8 	provisions, under which penalties are not assessed, in connection with the violation for 
17.9 	which the penalty was assessed.

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

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

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

17.26 	ARTICLE 4
17.27 	BUILDING CODE

17.28 	Section 1. Minnesota Statutes 2005 Supplement, section 16B.04, subdivision 2, is 
17.29 	amended to read:
17.30 		Subd. 2.Powers and duties, general. Subject to other provisions of this chapter, 
17.31 	the commissioner is authorized to:
17.32 	(1) supervise, control, review, and approve all state contracts and purchasing;
18.1 	(2) provide agencies with supplies and equipment and operate all central store or 
18.2 	supply rooms serving more than one agency;
18.3 	(3) investigate and study the management and organization of agencies, and 
18.4 	reorganize them when necessary to ensure their effective and efficient operation;
18.5 	(4) manage and control state property, real and personal;
18.6 	(5) maintain and operate all state buildings, as described in section 16B.24, 
18.7 	subdivision 1;
18.8 	(6) supervise, control, review, and approve all capital improvements to state 
18.9 	buildings and the capitol building and grounds;
18.10 	(7) provide central duplicating, printing, and mail facilities;
18.11 	(8) oversee publication of official documents and provide for their sale;
18.12 	(9) manage and operate parking facilities for state employees and a central motor 
18.13 	pool for travel on state business; and
18.14 	(10) establish and administer a State Building Code; and
18.15 	(11) (10) provide rental space within the capitol complex for a private day care 
18.16 	center for children of state employees. The commissioner shall contract for services as 
18.17 	provided in this chapter. The commissioner shall report back to the legislature by October 
18.18 	1, 1984, with the recommendation to implement the private day care operation.

18.19 	Sec. 2. Minnesota Statutes 2004, section 16B.60, subdivision 4, is amended to read:
18.20 		Subd. 4.Code. "Code" means the State Building Code adopted by the commissioner 
18.21 	of labor and industry in accordance with sections  16B.59 to  16B.75. 

18.22 	Sec. 3. Minnesota Statutes 2004, section 16B.60, subdivision 7, is amended to read:
18.23 		Subd. 7.Physically handicapped Person with a disability. "Physically 
18.24 	handicapped" means having sight disabilities, hearing disabilities, disabilities of 
18.25 	incoordination, disabilities of aging, or other disabilities that significantly reduce mobility, 
18.26 	flexibility, coordination, or perceptiveness. "Person with a disability" or "persons with 
18.27 	disabilities" includes people who have a vision disability, a hearing disability, a disability 
18.28 	of coordination, a disability of aging, or any other disability that significantly reduces 
18.29 	mobility, flexibility, coordination, or perceptiveness.

18.30 	Sec. 4. Minnesota Statutes 2004, section 16B.60, subdivision 8, is amended to read:
18.31 		Subd. 8.Remodeling. "Remodeling" means deliberate reconstruction of an existing 
18.32 	public building in whole or in part in order to bring it up to date in into conformity with 
19.1 	present uses of the structure and to which other rules on the upgrading of health and 
19.2 	safety provisions are applicable.

19.3 	Sec. 5. Minnesota Statutes 2004, section 16B.60, subdivision 11, is amended to read:
19.4 		Subd. 11.State licensed facilities facility. "State licensed facilities facility" means 
19.5 	a building and its grounds that are licensed by the state as a hospital, nursing home, 
19.6 	supervised living facility, free-standing outpatient surgical center, or correctional facility, 
19.7 	boarding care home, or residential hospice.

19.8 	Sec. 6. Minnesota Statutes 2004, section 16B.61, as amended by Laws 2005, chapter 
19.9 	97, article 4, section 6, is amended to read:
19.10 	16B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND 
19.11 	INDUSTRY; STATE BUILDING CODE.
19.12 		Subdivision 1.Adoption of code. Subject to sections  16B.59 to  16B.75, 
19.13 	the commissioner shall by rule establish a code of standards for the construction, 
19.14 	reconstruction, alteration, and repair of buildings, governing matters of structural 
19.15 	materials, design and construction, fire protection, health, sanitation, and safety, including 
19.16 	design and construction standards regarding heat loss control, illumination, and climate 
19.17 	control. The code must also include duties and responsibilities for code administration, 
19.18 	including procedures for administrative action, penalties, and suspension and revocation 
19.19 	of certification. The code must conform insofar as practicable to model building codes 
19.20 	generally accepted and in use throughout the United States, including a code for 
19.21 	building conservation. In the preparation of the code, consideration must be given to 
19.22 	the existing statewide specialty codes presently in use in the state. Model codes with 
19.23 	necessary modifications and statewide specialty codes may be adopted by reference. 
19.24 	The code must be based on the application of scientific principles, approved tests, and 
19.25 	professional judgment. To the extent possible, the code must be adopted in terms of 
19.26 	desired results instead of the means of achieving those results, avoiding wherever possible 
19.27 	the incorporation of specifications of particular methods or materials. To that end the 
19.28 	code must encourage the use of new methods and new materials. Except as otherwise 
19.29 	provided in sections  16B.59 to  16B.75, the commissioner shall administer and enforce 
19.30 	the provisions of those sections. 
19.31 	The commissioner shall develop rules addressing the plan review fee assessed 
19.32 	to similar buildings without significant modifications including provisions for use of 
19.33 	building systems as specified in the industrial/modular program specified in section  
20.1 	16B.75. Additional plan review fees associated with similar plans must be based on costs 
20.2 	commensurate with the direct and indirect costs of the service. 
20.3 		Subd. 1a.Administration by commissioner. The commissioner shall administer 
20.4 	and enforce the State Building Code as a municipality with respect to public buildings and 
20.5 	state licensed facilities in the state. The commissioner shall establish appropriate permit, 
20.6 	plan review, and inspection fees, and surcharges for public buildings and state licensed 
20.7 	facilities. Fees and surcharges for public buildings and state licensed facilities must be 
20.8 	remitted to the commissioner, who shall deposit them in the state treasury for credit to 
20.9 	the special revenue fund.
20.10 	Municipalities other than the state having an agreement with the commissioner 
20.11 	for code administration and enforcement service for public buildings and state licensed 
20.12 	facilities shall charge their customary fees, including surcharge, to be paid directly to the 
20.13 	jurisdiction by the applicant seeking authorization to construct a public building or a state 
20.14 	licensed facility. The commissioner shall sign an agreement with a municipality other than 
20.15 	the state for plan review, code administration, and code enforcement service for public 
20.16 	buildings and state licensed facilities in the jurisdiction if the building officials of the 
20.17 	municipality meet the requirements of section  16B.65 and wish to provide those services 
20.18 	and if the commissioner determines that the municipality has enough adequately trained 
20.19 	and qualified building inspectors to provide those services for the construction project. 
20.20 	The commissioner may direct the state building official to assist a community that 
20.21 	has been affected by a natural disaster with building evaluation and other activities related 
20.22 	to building codes.
20.23 	Administration and enforcement in a municipality under this section must apply 
20.24 	any optional provisions of the State Building Code adopted by the municipality. A 
20.25 	municipality adopting any optional code provision shall notify the state building official 
20.26 	within 30 days of its adoption.
20.27 	The commissioner shall administer and enforce the provisions of the code relating to 
20.28 	elevators statewide, except as provided for under section  16B.747, subdivision 3. 
20.29 		Subd. 2.Enforcement by certain bodies. Under the direction and supervision of 
20.30 	the commissioner, the provisions of the code relating to electrical installations shall be 
20.31 	enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act, the 
20.32 	provisions relating to, plumbing shall be enforced by the commissioner of health, the 
20.33 	provisions relating to, boilers, high pressure steam piping and appurtenances, and ammonia 
20.34 	refrigeration piping shall be enforced by the Department of Labor and Industry. Fees for 
20.35 	inspections conducted by the State Board of Electricity commissioner shall be paid in 
20.36 	accordance with the rules of the State Board of Electricity department. Under direction 
21.1 	of the commissioner of public safety, the state fire marshal shall enforce the Minnesota 
21.2 	UniformState Fire Code as provided in chapter 299F. The commissioner, in consultation 
21.3 	with the commissioner of labor and industry, shall adopt amendments to the mechanical 
21.4 	code portion of the State Building Code to implement standards for process piping.
21.5 		Subd. 3.Special requirements. (a) Space for commuter vans. The code must 
21.6 	require that any parking ramp or other parking facility constructed in accordance with the 
21.7 	code include an appropriate number of spaces suitable for the parking of motor vehicles 
21.8 	having a capacity of seven to 16 persons and which are principally used to provide 
21.9 	prearranged commuter transportation of employees to or from their place of employment 
21.10 	or to or from a transit stop authorized by a local transit authority. 
21.11 	(b) Smoke detection devices. The code must require that all dwellings, lodging 
21.12 	houses, apartment houses, and hotels as defined in section  299F.362 comply with the 
21.13 	provisions of section  299F.362. 
21.14 	(c) Doors in nursing homes and hospitals. The State Building Code may not 
21.15 	require that each door entering a sleeping or patient's room from a corridor in a nursing 
21.16 	home or hospital with an approved complete standard automatic fire extinguishing system 
21.17 	be constructed or maintained as self-closing or automatically closing. 
21.18 	(d) Child care facilities in churches; ground level exit. A licensed day care center 
21.19 	serving fewer than 30 preschool age persons and which is located in a belowground space 
21.20 	in a church building is exempt from the State Building Code requirement for a ground 
21.21 	level exit when the center has more than two stairways to the ground level and its exit. 
21.22 	(e) Child care facilities in churches; vertical access. Until August 1, 1996, an 
21.23 	organization providing child care in an existing church building which is exempt from 
21.24 	taxation under section  272.02, subdivision 6, shall have five years from the date of initial 
21.25 	licensure under chapter 245A to provide interior vertical access, such as an elevator, to 
21.26 	persons with disabilities as required by the State Building Code. To obtain the extension, 
21.27 	the organization providing child care must secure a $2,500 performance bond with the 
21.28 	commissioner of human services to ensure that interior vertical access is achieved by the 
21.29 	agreed upon date. 
21.30 	(f)(e) Family and group family day care. Until the legislature enacts legislation 
21.31 	specifying appropriate standards, the definition of Group R-3 occupancies in dwellings 
21.32 	constructed in accordance with the International Residential Code as adopted as part of the 
21.33 	State Building Code applies to family and group family day care homes licensed by the 
21.34 	Department of Human Services under Minnesota Rules, chapter 9502. 
22.1 	(g) (f)Enclosed stairways. No provision of the code or any appendix chapter of 
22.2 	the code may require stairways of existing multiple dwelling buildings of two stories or 
22.3 	less to be enclosed. 
22.4 	(h) (g)Double cylinder dead bolt locks. No provision of the code or appendix 
22.5 	chapter of the code may prohibit double cylinder dead bolt locks in existing single-family 
22.6 	homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. 
22.7 	Any recommendation or promotion of double cylinder dead bolt locks must include a 
22.8 	warning about their potential fire danger and procedures to minimize the danger. 
22.9 	(i) (h)Relocated residential buildings. A residential building relocated within 
22.10 	or into a political subdivision of the state need not comply with the State Energy Code 
22.11 	or section  326.371 provided that, where available, an energy audit is conducted on the 
22.12 	relocated building. 
22.13 	(j) (i)Automatic garage door opening systems. The code must require all 
22.14 	residential buildings as defined in section  325F.82 to comply with the provisions of 
22.15 	sections  325F.82 and  325F.83. 
22.16 	(k) (j)Exit sign illumination. For a new building on which construction is begun 
22.17 	on or after October 1, 1993, or an existing building on which remodeling affecting 50 
22.18 	percent or more of the enclosed space is begun on or after October 1, 1993, the code must 
22.19 	prohibit the use of internally illuminated exit signs whose electrical consumption during 
22.20 	nonemergency operation exceeds 20 watts of resistive power. All other requirements in 
22.21 	the code for exit signs must be complied with. 
22.22 	(l) (k)Exterior wood decks, patios, and balconies. The code must permit the 
22.23 	decking surface and upper portions of exterior wood decks, patios, and balconies to be 
22.24 	constructed of (1) heartwood from species of wood having natural resistance to decay or 
22.25 	termites, including redwood and cedars, (2) grades of lumber which contain sapwood from 
22.26 	species of wood having natural resistance to decay or termites, including redwood and 
22.27 	cedars, or (3) treated wood. The species and grades of wood products used to construct the 
22.28 	decking surface and upper portions of exterior decks, patios, and balconies must be made 
22.29 	available to the building official on request before final construction approval. 
22.30 		Subd. 3a.Recycling space. The code must require suitable space for the separation, 
22.31 	collection, and temporary storage of recyclable materials within or adjacent to new or 
22.32 	significantly remodeled structures that contain 1,000 square feet or more. Residential 
22.33 	structures with fewer than four dwelling units are exempt from this subdivision.
22.34 		Subd. 4.Review of plans for public buildings and state licensed facilities.
 22.35 	Construction or remodeling may not begin on any public building or state licensed facility 
22.36 	until the plans and specifications have been approved by the commissioner or municipality 
23.1 	under contractual agreement pursuant to subdivision 1a. The plans and specifications must 
23.2 	be submitted for review, and within 30 days after receipt of the plans and specifications, 
23.3 	the commissioner or municipality under contractual agreement shall notify the submitting 
23.4 	authority of any corrections.
23.5 		Subd. 5.Accessibility. (a) Public buildings. The code must provide for making 
23.6 	public buildings constructed or remodeled after July 1, 1963, accessible to and usable 
23.7 	by physically handicapped persons with disabilities, although this does not require 
23.8 	the remodeling of public buildings solely to provide accessibility and usability to the 
23.9 	physically handicapped persons with disabilities when remodeling would not otherwise 
23.10 	be undertaken. 
23.11 	(b) Leased space. No agency of the state may lease space for agency operations 
23.12 	in a non-state-owned building unless the building satisfies the requirements of the State 
23.13 	Building Code for accessibility by the physically handicapped persons with disabilities, or 
23.14 	is eligible to display the state symbol of accessibility. This limitation applies to leases 
23.15 	of 30 days or more for space of at least 1,000 square feet. 
23.16 	(c) Meetings or conferences. Meetings or conferences for the public or for state 
23.17 	employees which are sponsored in whole or in part by a state agency must be held in 
23.18 	buildings that meet the State Building Code requirements relating to accessibility for 
23.19 	physically handicapped persons with disabilities. This subdivision does not apply to any 
23.20 	classes, seminars, or training programs offered by the Minnesota State Colleges and 
23.21 	Universities or the University of Minnesota. Meetings or conferences intended for specific 
23.22 	individuals none of whom need the accessibility features for handicapped persons with 
23.23 	disabilities specified in the State Building Code need not comply with this subdivision 
23.24 	unless a handicapped person with a disability gives reasonable advance notice of an intent 
23.25 	to attend the meeting or conference. When sign language interpreters will be provided, 
23.26 	meetings or conference sites must be chosen which allow hearing impaired participants to 
23.27 	see their signing clearly. 
23.28 	(d) Exemptions. The commissioner may grant an exemption from the requirements 
23.29 	of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts 
23.30 	were made to secure facilities which complied with those requirements and if the selected 
23.31 	facilities are the best available for access for handicapped persons with disabilities. 
23.32 	Exemptions shall be granted using criteria developed by the commissioner in consultation 
23.33 	with the Council on Disability. 
23.34 	(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation 
23.35 	International's Eleventh World Congress is the state symbol indicating buildings, facilities, 
23.36 	and grounds which are accessible to and usable by handicapped persons with disabilities. 
24.1 	In the interests of uniformity, this symbol is the sole symbol for display in or on all public 
24.2 	or private buildings, facilities, and grounds which qualify for its use. The secretary of 
24.3 	state shall obtain the symbol and keep it on file. No building, facility, or grounds may 
24.4 	display the symbol unless it is in compliance with the rules adopted by the commissioner 
24.5 	under subdivision 1. Before any rules are proposed for adoption under this paragraph, 
24.6 	the commissioner shall consult with the Council on Disability. Rules adopted under this 
24.7 	paragraph must be enforced in the same way as other accessibility rules of the State 
24.8 	Building Code. 
24.9 	(f) Municipal enforcement. Municipalities which have not adopted the State 
24.10 	Building Code may enforce the building code requirements for handicapped persons
24.11 	with disabilities by either entering into a joint powers agreement for enforcement with 
24.12 	another municipality which has adopted the State Building Code; or contracting for 
24.13 	enforcement with an individual certified under section  16B.65, subdivision 3, to enforce 
24.14 	the State Building Code. 
24.15 	(g) Equipment allowed. The code must allow the use of vertical wheelchair lifts 
24.16 	and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair 
24.17 	lift must be equipped with light or sound signaling device for use during operation of the 
24.18 	lift. The stairway or ramp shall be marked in a bright color that clearly indicates the 
24.19 	outside edge of the lift when in operation. The code shall not require a guardrail between 
24.20 	the lift and the stairway or ramp. Compliance with this provision by itself does not mean 
24.21 	other handicap accessibility requirements have been met. 
24.22 		Subd. 6.Energy efficiency. The code must provide for building new low-income 
24.23 	housing in accordance with energy efficiency standards adopted under subdivision 1. 
24.24 	For purposes of this subdivision, low-income housing means residential housing built 
24.25 	for low-income persons and families under a program of a housing and redevelopment 
24.26 	authority, the Minnesota Housing Finance Agency, or another entity receiving money 
24.27 	from the state to construct such housing.
24.28 		Subd. 7.Access for the hearing-impaired. All rooms in the State Office Building 
24.29 	and in the Capitol that are used by the house of representatives or the senate for legislative 
24.30 	hearings, and the public galleries overlooking the house and senate chambers, must 
24.31 	be fitted with assistive listening devices for the hearing-impaired. Each hearing room 
24.32 	and the public galleries must have a sufficient number of receivers available so that 
24.33 	hearing-impaired members of the public may participate in the committee hearings and 
24.34 	public sessions of the house and senate.
24.35 		Subd. 8.Separate metering for electric service. The standards concerning heat 
24.36 	loss, illumination, and climate control adopted pursuant to subdivision 1, shall require 
25.1 	that electrical service to individual dwelling units in buildings containing two or more 
25.2 	units be separately metered, with individual metering readily accessible to the individual 
25.3 	occupants. The standards authorized by this subdivision shall only apply to buildings 
25.4 	constructed after the effective date of the amended standards. Buildings intended for 
25.5 	occupancy primarily by persons who are 62 years of age or older or handicapped, or which 
25.6 	contain a majority of units not equipped with complete kitchen facilities, shall be exempt 
25.7 	from the provisions of this subdivision.

25.8 	Sec. 7. Minnesota Statutes 2004, section 16B.615, subdivision 4, is amended to read:
25.9 		Subd. 4.Rules. The commissioner of administration shall adopt rules to implement 
25.10 	this section. The rules may provide for a greater ratio of women's to men's facilities 
25.11 	for certain types of occupancies than is required in subdivision 3, and may apply the 
25.12 	required ratios to categories of occupancies other than those defined as places of public 
25.13 	accommodation under subdivision 1.

25.14 	Sec. 8. Minnesota Statutes 2004, section 16B.617, is amended to read:
25.15 	16B.617 ENERGY CODE RULES REMAIN IN EFFECT.
25.16 	(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter 
25.17 	7670, does not expire on April 15, 2000, but remains in effect for residential buildings not 
25.18 	covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter 
25.19 	7670, that apply to category 1 buildings govern new, detached single one- and two-family 
25.20 	R-3 occupancy residential buildings. All new, detached single one- and two-family R-3 
25.21 	occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application 
25.22 	for a building permit after April 14, 2000, must meet the requirements for category 1 
25.23 	buildings, as set out in Minnesota Rules, chapter 7670.
25.24 	(b) As an alternative to compliance with paragraph (a), compliance with Minnesota 
25.25 	Rules, chapters 7672 and 7674, is optional for a contractor or owner.
25.26 	(c) The Department of Administration, Building Codes and Standards Division 
25.27 	(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost 
25.28 	benefit, as well as air quality, building durability, moisture, enforcement, enforceability, 
25.29 	and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and 
25.30 	7674. The report must include a feasibility study of establishing new criteria for category 
25.31 	2 detached single one- and two-family R-3 occupancy buildings that are energy efficient, 
25.32 	enforceable, and provide sufficient nonmechanical ventilation or permeability for a home 
25.33 	to maintain good air quality, building durability, and adequate release of moisture.
26.1 	(d)(c) This section expires when the commissioner of administration adopts a new 
26.2 	energy code in accordance with Laws 2002, chapter 317, section 4.

26.3 	Sec. 9. Minnesota Statutes 2004, section 16B.6175, is amended to read:
26.4 	16B.6175 ENERGY CODE.
26.5 	Notwithstanding section  16B.617, the commissioner of administration, in 
26.6 	consultation with the Construction Codes Advisory Council, shall explore and review the 
26.7 	availability and appropriateness of any model energy codes related to the construction of 
26.8 	single one- and two-family residential buildings. In consultation with the council, The 
26.9 	commissioner shall take steps to adopt the chosen code with all necessary and appropriate 
26.10 	amendments. 
26.11 	The commissioner may not adopt all or part of a model energy code relating to 
26.12 	the construction of residential buildings without research and analysis that addresses, 
26.13 	at a minimum, air quality, building durability, moisture, enforcement, enforceability 
26.14 	cost benefit, and liability. The research and analysis must be completed in cooperation 
26.15 	with practitioners in residential construction and building science and an affirmative 
26.16 	recommendation by the Construction Codes Advisory Council.

26.17 	Sec. 10. Minnesota Statutes 2004, section 16B.63, is amended to read:
26.18 	16B.63 STATE BUILDING OFFICIAL.
26.19 		Subdivision 1.Appointment. The commissioner shall appoint a state building 
26.20 	official who under the direction and supervision of the commissioner shall administer 
26.21 	the code.
26.22 		Subd. 2.Qualifications. To be eligible for appointment as state building official an 
26.23 	individual must be competent in the field of administration and shall have the experience 
26.24 	in building design, construction, and supervision which the commissioner considers 
26.25 	necessary.
26.26 		Subd. 3.Powers and duties. The state building official may, with the approval of 
26.27 	the commissioner, employ personnel necessary to carry out the inspector's function under 
26.28 	sections  16B.59 to  16B.75. The state building official shall distribute without charge 
26.29 	one copy a printed or electronic version of the code to each municipality within the state. 
26.30 	Additional copies A printed or electronic version of the code shall be made available 
26.31 	to municipalities and interested parties for a fee prescribed by the commissioner. The 
26.32 	state building official shall perform other duties in administering the code assigned by 
26.33 	the commissioner. 
27.1 		Subd. 4.Accessibility specialists. The state building official shall, with the 
27.2 	approval of the commissioner, assign three department employees to assist municipalities 
27.3 	in complying with section  16B.61, subdivision 5. 
27.4 		Subd. 5.Interpretative authority. To achieve uniform and consistent application 
27.5 	of the State Building Code, the state building official has final interpretative authority 
27.6 	applicable to all codes adopted as part of the State Building Code except for the 
27.7 	Plumbing Code and the Electrical Code when enforced by the State Board of Electricity. 
27.8 	A final interpretative committee composed of seven members, consisting of three 
27.9 	building officials, two inspectors from the affected field, and two construction industry 
27.10 	representatives, shall review requests for final interpretations relating to that field. A 
27.11 	request for final interpretation must come from a local or state level building code 
27.12 	board of appeals. The state building official must establish procedures for membership 
27.13 	of the interpretative committees. The appropriate committee shall review the request 
27.14 	and make a recommendation to the state building official for the final interpretation 
27.15 	within 30 days of the request. The state building official must issue an interpretation 
27.16 	within ten business days from the recommendation from the review committee. A final 
27.17 	interpretation may be appealed within 30 days of its issuance to the commissioner under 
27.18 	section  16B.67. The final interpretation must be published within ten business days of its 
27.19 	issuance and made available to the public. Municipal building officials shall administer all 
27.20 	final interpretations issued by the state building official until the final interpretations are 
27.21 	considered for adoption as part of the State Building Code. 

27.22 	Sec. 11. Minnesota Statutes 2004, section 16B.65, is amended to read:
27.23 	16B.65 BUILDING OFFICIALS.
27.24 		Subdivision 1.Designation. By January 1, 2002, Each municipality shall designate 
27.25 	a building official to administer the code. A municipality may designate no more than one 
27.26 	building official responsible for code administration defined by each certification category 
27.27 	established in rule. Two or more municipalities may combine in the designation of a 
27.28 	building official for the purpose of administering the provisions of the code within their 
27.29 	communities. In those municipalities for which no building officials have been designated, 
27.30 	the state building official may use whichever state employees are necessary to perform 
27.31 	the duties of the building official until the municipality makes a temporary or permanent 
27.32 	designation. All costs incurred by virtue of these services rendered by state employees 
27.33 	must be borne by the involved municipality and receipts arising from these services must 
27.34 	be paid into the state treasury and credited to the special revenue fund to the commissioner.
28.1 		Subd. 2.Qualifications. A building official, to be eligible for designation, must 
28.2 	be certified and have the experience in design, construction, and supervision which 
28.3 	the commissioner deems necessary and must be generally informed on the quality and 
28.4 	strength of building materials, accepted building construction requirements, and the nature 
28.5 	of equipment and needs conducive to the safety, comfort, and convenience of building 
28.6 	occupants. No person may be designated as a building official for a municipality unless 
28.7 	the commissioner determines that the official is qualified as provided in subdivision 3.
28.8 		Subd. 3.Certification. The commissioner shall by rule establish certification 
28.9 	criteria as proof of qualification pursuant to subdivision 2. The commissioner may:
28.10 	(1) prepare and conduct develop and administer written and practical examinations 
28.11 	to determine if a person is qualified pursuant to subdivision 2 to be a building official;
28.12 	(2) accept documentation of successful completion of testing programs developed 
28.13 	and administered by nationally recognized testing agencies, as proof of qualification 
28.14 	pursuant to subdivision 2; or
28.15 	(3) determine qualifications by both clauses (1) and (2) satisfactory completion of 
28.16 	clause (2) and a mandatory training program developed or approved by the commissioner.
28.17 	Upon a determination of qualification under clause (1), (2), or both of them (3), 
28.18 	the commissioner shall issue a certificate to the building official stating that the official 
28.19 	is certified. Each person applying for examination and certification pursuant to this 
28.20 	section shall pay a nonrefundable fee of $70. The commissioner or a designee may 
28.21 	establish categories of certification that will recognize the varying complexities of code 
28.22 	enforcement in the municipalities within the state. The commissioner shall provide 
28.23 	educational programs designed to train and assist building officials in carrying out their 
28.24 	responsibilities.
28.25 	The Department of Employee Relations may, at the request of the commissioner, 
28.26 	provide statewide testing services.
28.27 		Subd. 4.Duties. Building officials shall, in the municipality for which they 
28.28 	are designated, be responsible for all aspects of code administration for which they 
28.29 	are certified, including the issuance of all building permits and the inspection of all 
28.30 	manufactured home installations. The commissioner may direct a municipality with 
28.31 	a building official to perform services for another municipality, and in that event the 
28.32 	municipality being served shall pay the municipality rendering the services the reasonable 
28.33 	costs of the services. The costs may be subject to approval by the commissioner.
28.34 		Subd. 5.Oversight committee. (a) The commissioner shall establish a Code 
28.35 	Administration Oversight Committee to evaluate, mediate, and recommend to the 
28.36 	commissioner any administrative action, penalty, suspension, or revocation with respect to 
29.1 	complaints filed with or information received by the commissioner alleging or indicating 
29.2 	the unauthorized performance of official duties or unauthorized use of the title certified 
29.3 	building official, or a violation of statute, rule, or order that the commissioner has issued 
29.4 	or is empowered to enforce. The committee consists of five certified building officials, at 
29.5 	least two of whom must be from nonmetropolitan counties. Committee members must be 
29.6 	compensated according to section  15.059, subdivision 3. The commissioner's designee 
29.7 	shall act as an ex-officio member of the oversight committee. 
29.8 	(b) If the commissioner has a reasonable basis to believe that a person has engaged 
29.9 	in an act or practice constituting the unauthorized performance of official duties, the 
29.10 	unauthorized use of the title certified building official, or a violation of a statute, rule, or 
29.11 	order that the commissioner has issued or is empowered to enforce, the commissioner 
29.12 	may proceed with administrative actions or penalties as described in subdivision 5a or 
29.13 	suspension or revocation as described in subdivision 5b.
29.14 		Subd. 5a.Administrative action and penalties. The commissioner shall, by 
29.15 	rule, establish a graduated schedule of administrative actions for violations of sections 
29.16 	16B.59 to  16B.75 and rules adopted under those sections statute, rule, stipulation 
29.17 	agreement, settlement, compliance agreement, cease and desist agreement, or order that 
29.18 	the commissioner has adopted, issued, or is empowered to enforce. The schedule must 
29.19 	be based on and reflect the culpability, frequency, and severity of the violator's actions. 
29.20 	The commissioner may impose a penalty from the schedule on upon a certification holder 
29.21 	for a violation of sections  16B.59 to  16B.75 and rules adopted under those sections. The 
29.22 	penalty may be issued per violation and is in addition to any criminal penalty imposed 
29.23 	for the same violation. Administrative monetary penalties imposed by the commissioner 
29.24 	must be paid to the special revenue fund.
29.25 		Subd. 5b.Suspension; revocation. Except as otherwise provided for by law, 
29.26 	the commissioner may, upon notice and hearing, revoke or, suspend, or refuse to issue 
29.27 	or reissue deny a building official certification if the applicant, building official, or 
29.28 	certification holder:
29.29 	(1) violates a provision of sections  16B.59 to  16B.75 or a rule adopted under those 
29.30 	sections; 
29.31 	(2) engages in fraud, deceit, or misrepresentation while performing the duties of a 
29.32 	certified building official;
29.33 	(3) makes a false statement in an application submitted to the commissioner or in a 
29.34 	document required to be submitted to the commissioner; or
29.35 	(4) violates an order of the commissioner.
30.1 	Notice must be provided and the hearing conducted in accordance with the provisions 
30.2 	of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or 
30.3 	otherwise affects the authority of a municipality to dismiss or suspend a building official 
30.4 	at its discretion, except as otherwise provided for by law.
30.5 		Subd. 5c.Action against unlicensed persons. Nothing in this section shall prevent 
30.6 	the commissioner from taking action, including cease and desist action or administrative 
30.7 	monetary penalties, against an individual required to be certified under subdivision 3, 
30.8 	based upon conduct that would provide grounds for action against a certificate holder 
30.9 	under this section.
30.10 		Subd. 6.Vacancies. In the event that a designated building official position is 
30.11 	vacant within a municipality, that municipality shall designate a certified building official 
30.12 	to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy 
30.13 	or designation in writing within 15 days. If the municipality fails to designate a certified 
30.14 	building official within 15 days of the occurrence of the vacancy, the state building official 
30.15 	may provide state employees to serve that function as provided in subdivision 1 until the 
30.16 	municipality makes a temporary or permanent designation. Municipalities must not issue 
30.17 	permits without a designated certified building official.
30.18 		Subd. 7.Continuing education. Subject to sections  16B.59 to  16B.75, the 
30.19 	commissioner may by rule establish or approve continuing education programs for 
30.20 	municipal certified building officials dealing with matters of building code administration, 
30.21 	inspection, and enforcement. 
30.22 	Each person certified as a building official for the state must satisfactorily complete 
30.23 	applicable educational programs established or approved by the commissioner every 
30.24 	three calendar years to retain certification.
30.25 	Each person certified as a building official must submit in writing to the 
30.26 	commissioner an application for renewal of certification within 60 days of the last day of 
30.27 	the third calendar year following the last certificate issued. Each application for renewal 
30.28 	must be accompanied by proof of satisfactory completion of minimum continuing 
30.29 	education requirements and the certification renewal fee established by the commissioner.
30.30 		Subd. 8.Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of 
30.31 	labor and industry may by rule adopt standards dealing with renewal requirements.
30.32 	(b) If the commissioner has not issued a notice of denial of application for a 
30.33 	certificate holder and if the certificate holder has properly and timely filed a fully 
30.34 	completed renewal application, then the certificate holder may continue to engage in 
30.35 	building official activities whether or not the renewed certificate has been received. 
30.36 	Applications must be made on a form approved by the commissioner. Each application 
31.1 	for renewal must be fully completed, and be accompanied by proof of the satisfactory 
31.2 	completion of minimum continuing education requirements and the certification renewal 
31.3 	fee established by the commissioner. Applications are timely if received or postmarked 
31.4 	within the 90 days immediately prior to the expiration date of the most recently issued 
31.5 	certificate. An application for renewal that does not contain all of the information 
31.6 	requested is an incomplete application and will not be accepted.
31.7 		Subd. 9.Expiration. All certificates expire at midnight on the date of expiration if 
31.8 	not properly renewed in accordance with subdivision 8, paragraph (b).
31.9 		Subd. 10.Failure to renew. An individual who has failed to make a timely 
31.10 	application for renewal of a certificate is not certified and must not serve as the designated 
31.11 	building official for any municipality until a renewed certificate has been issued by the 
31.12 	commissioner.

31.13 	EFFECTIVE DATE. This section is effective July 1, 2006.

31.14 	Sec. 12. Minnesota Statutes 2004, section 16B.70, is amended to read:
31.15 	16B.70 SURCHARGE.
31.16 		Subdivision 1.Computation. To defray the costs of administering sections  
31.17 	16B.59 to  16B.76, a surcharge is imposed on all permits issued by municipalities in 
31.18 	connection with the construction of or addition or alteration to buildings and equipment or 
31.19 	appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge 
31.20 	receipts to award grants for code research and development and education. 
31.21 	If the fee for the permit issued is fixed in amount the surcharge is equivalent to 
31.22 	one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other 
31.23 	permits, the surcharge is as follows:
31.24 	(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the 
31.25 	surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, 
31.26 	or alteration;
31.27 	(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths 
31.28 	mill (.0004) of the value between $1,000,000 and $2,000,000;
31.29 	(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths 
31.30 	mill (.0003) of the value between $2,000,000 and $3,000,000;
31.31 	(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth 
31.32 	mill (.0002) of the value between $3,000,000 and $4,000,000;
31.33 	(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth 
31.34 	mill (.0001) of the value between $4,000,000 and $5,000,000; and
32.1 	(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth 
32.2 	mill (.00005) of the value that exceeds $5,000,000.
32.3 		Subd. 2.Collection and reports. All permit surcharges must be collected by each 
32.4 	municipality and a portion of them remitted to the state. Each municipality having a 
32.5 	population greater than 20,000 people shall prepare and submit to the commissioner once 
32.6 	a month a report of fees and surcharges on fees collected during the previous month 
32.7 	but shall retain the greater of two percent or that amount collected up to $25 to apply 
32.8 	against the administrative expenses the municipality incurs in collecting the surcharges. 
32.9 	All other municipalities shall submit the report and surcharges on fees once a quarter 
32.10 	but shall retain the greater of four percent or that amount collected up to $25 to apply 
32.11 	against the administrative expenses the municipalities incur in collecting the surcharges. 
32.12 	The report, which must be in a form prescribed by the commissioner, must be submitted 
32.13 	together with a remittance covering the surcharges collected by the 15th day following 
32.14 	the month or quarter in which the surcharges are collected. All money collected by the 
32.15 	commissioner through surcharges and other fees prescribed by sections  16B.59 to  16B.75
32.16 	shall be deposited in the state government special revenue fund and is appropriated to the 
32.17 	commissioner for the purpose of administering and enforcing the State Building Code 
32.18 	under sections  16B.59 to  16B.75.
32.19 		Subd. 3.Revenue to equal costs. Revenue received from the surcharge imposed 
32.20 	in subdivision 1 should approximately equal the cost, including the overhead cost, of 
32.21 	administering sections  16B.59 to  16B.75. By November 30 each year, the commissioner 
32.22 	must report to the commissioner of finance and to the legislature on changes in the 
32.23 	surcharge imposed in subdivision 1 needed to comply with this policy. In making this 
32.24 	report, the commissioner must assume that the services associated with administering 
32.25 	sections  16B.59 to  16B.75 will continue to be provided at the same level provided during 
32.26 	the fiscal year in which the report is made. 

32.27 	EFFECTIVE DATE. This section is effective July 1, 2006.

32.28 	Sec. 13. Minnesota Statutes 2004, section 16B.72, is amended to read:
32.29 	16B.72 REFERENDA ON STATE BUILDING CODE IN 
32.30 	NONMETROPOLITAN COUNTIES.
32.31 	Notwithstanding any other provision of law to the contrary, a county that is not a 
32.32 	metropolitan county as defined by section  473.121, subdivision 4, may provide, by a vote 
32.33 	of the majority of its electors residing outside of municipalities that have adopted the State 
32.34 	Building Code before January 1, 1977, that no part of the State Building Code except the 
33.1 	building requirements for handicapped persons with disabilities, the requirements for 
33.2 	bleacher safety, and the requirements for elevator safety applies within its jurisdiction. 
33.3 	The county board may submit to the voters at a regular or special election the 
33.4 	question of adopting the building code. The county board shall submit the question to 
33.5 	the voters if it receives a petition for the question signed by a number of voters equal 
33.6 	to at least five percent of those voting in the last general election. The question on the 
33.7 	ballot must be stated substantially as follows:
33.8 	"Shall the State Building Code be adopted in .......... County?"
33.9 	If the majority of the votes cast on the proposition is in the negative, the State 
33.10 	Building Code does not apply in the subject county, outside home rule charter or statutory 
33.11 	cities or towns that adopted the building code before January 1, 1977, except the building 
33.12 	requirements for handicapped persons with disabilities, the requirements for bleacher 
33.13 	safety, and the requirements for elevator safety do apply.
33.14 	Nothing in this section precludes a municipality or town that has not adopted the 
33.15 	State Building Code from adopting and enforcing by ordinance or other legal means the 
33.16 	State Building Code within its jurisdiction.

33.17 	Sec. 14. Minnesota Statutes 2004, section 16B.73, is amended to read:
33.18 	16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 
33.19 	LOCAL OPTION.
33.20 	The governing body of a municipality whose population is less than 2,500 may 
33.21 	provide that the State Building Code, except the requirements for handicapped persons
33.22 	with disabilities, the requirements for bleacher safety, and the requirements for elevator 
33.23 	safety, will not apply within the jurisdiction of the municipality, if the municipality is 
33.24 	located in whole or in part within a county exempted from its application under section  
33.25 	16B.72. If more than one municipality has jurisdiction over an area, the State Building 
33.26 	Code continues to apply unless all municipalities having jurisdiction over the area have 
33.27 	provided that the State Building Code, except the requirements for handicapped persons
33.28 	with disabilities, the requirements for bleacher safety, and the requirements for elevator 
33.29 	safety, does not apply within their respective jurisdictions. Nothing in this section 
33.30 	precludes a municipality or town from adopting and enforcing by ordinance or other legal 
33.31 	means the State Building Code within its jurisdiction. 

33.32 	Sec. 15. Minnesota Statutes 2004, section 16B.735, is amended to read:
33.33 	16B.735 ENFORCEMENT OF REQUIREMENTS FOR HANDICAPPED
33.34 	PERSONS WITH DISABILITIES.
34.1 	A statutory or home rule charter city that is not covered by the State Building Code 
34.2 	because of action taken under section  16B.72 or  16B.73 is responsible for enforcement 
34.3 	in the city of the State Building Code's requirements for handicapped persons with 
34.4 	disabilities. In all other areas where the State Building Code does not apply because of 
34.5 	action taken under section  16B.72 or  16B.73, the county is responsible for enforcement of 
34.6 	those requirements. 

34.7 	Sec. 16. Minnesota Statutes 2004, section 16B.74, subdivision 2, is amended to read:
34.8 		Subd. 2.Passenger or freight elevator. "Passenger or freight elevator" means 
34.9 	all elevators except those that comply with the safety rules of the department of 
34.10 	Administration relating to construction and installation and that have automatic operation 
34.11 	or continuous pressure operation.

34.12 	Sec. 17. Minnesota Statutes 2004, section 16B.744, is amended to read:
34.13 	16B.744 ELEVATORS, ENTRANCES SEALED.
34.14 	It shall be the duty of the department of Administration and the licensing authority 
34.15 	of any municipality which adopts any such ordinance whenever it finds any such elevator 
34.16 	under its jurisdiction in use in violation of any provision of sections  16B.74 to  16B.745 to 
34.17 	seal the entrances of such elevator and attach a notice forbidding the use of such elevator 
34.18 	until the provisions thereof are complied with. 

34.19 	Sec. 18. Minnesota Statutes 2004, section 16B.745, subdivision 1, is amended to read:
34.20 		Subdivision 1.Removal of seal. No person, firm, or corporation may remove any 
34.21 	seal or notice forbidding the use of an elevator, except by authority of the department of 
34.22 	Administration or the licensing authority having jurisdiction over the elevator, or operate 
34.23 	an elevator after a notice has been attached forbidding its use, unless the notice has been 
34.24 	removed by authority of the department of Administration or the licensing authority 
34.25 	having jurisdiction over the elevator.

34.26 	Sec. 19. Minnesota Statutes 2004, section 16B.745, subdivision 4, is amended to read:
34.27 		Subd. 4.Penalties. The commissioner of administration shall administer sections  
34.28 	16B.74 to  16B.749. In addition to the remedies provided for violations of this chapter, 
34.29 	the commissioner may impose a penalty of up to $1,000 $10,000 for a violation of any 
34.30 	provision of sections  16B.74 to  16B.749. 

35.1 	Sec. 20. Minnesota Statutes 2004, section 16B.747, is amended to read:
35.2 	16B.747 FEES FOR LICENSURE AND INSPECTION.
35.3 		Subdivision 1.Permits. No person, firm, or corporation may construct, install, alter, 
35.4 	or remove an elevator without first filing an application for a permit with the department 
35.5 	of Administration or a municipality authorized by subdivision 3 to inspect elevators. 
35.6 	Upon successfully completing inspection and the payment of the appropriate fee, the 
35.7 	owner must be granted an operating permit for the elevator.
35.8 		Subd. 2.Contractor licenses. The commissioner may establish criteria for the 
35.9 	qualifications of elevator contractors and issue licenses based upon proof of the applicant's 
35.10 	qualifications.
35.11 		Subd. 3.Permissive municipal regulation. A municipality may conduct a system 
35.12 	of elevator inspection in conformity with this chapter, State Building Code requirements, 
35.13 	and adopted rules that includes the inspection of elevator installation, repair, alteration, 
35.14 	and removal, construction, and the routine and periodic inspection and testing of existing 
35.15 	elevators. The municipality shall employ inspectors meeting the minimum requirements 
35.16 	established by Minnesota Rules to perform the inspections and to witness the tests. A 
35.17 	municipality may establish and retain its own fees for inspection of elevators and related 
35.18 	devices in its jurisdiction. A municipality may not adopt standards that do not conform to 
35.19 	the uniform standards prescribed by the department.
35.20 	If the commissioner determines that a municipality is not properly administering 
35.21 	and enforcing the law, rules, and codes, the commissioner shall have the inspection, 
35.22 	administration, and enforcement undertaken by a qualified inspector employed by the 
35.23 	department.
35.24 		Subd. 4.Deposit of fees. Fees received under this section must be deposited in the 
35.25 	state treasury and credited to the special revenue fund.

35.26 	EFFECTIVE DATE. This section is effective July 1, 2006.

35.27 	Sec. 21. Minnesota Statutes 2004, section 16B.748, is amended to read:
35.28 	16B.748 RULES.
35.29 	The commissioner may adopt rules for the following purposes:
35.30 	(1) to establish minimum qualifications for elevator inspectors that must include 
35.31 	possession of a current elevator constructor electrician's license issued by the State Board 
35.32 	of Electricity department and proof of successful completion of the national elevator 
35.33 	industry education program examination or equivalent experience;
35.34 	(2) to establish criteria for the qualifications of elevator contractors;
36.1 	(3) to establish elevator standards under sections  16B.61, subdivisions 1 and 2, 
36.2 	and  16B.64; 
36.3 	(4) to establish procedures for appeals of decisions of the commissioner under 
36.4 	chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek 
36.5 	advice from the elevator trade, building owners or managers, and others knowledgeable in 
36.6 	the installation, construction, and repair of elevators; and
36.7 	(5) to establish requirements for the registration of all elevators.

36.8 	Sec. 22. Minnesota Statutes 2004, section 16B.76, is amended to read:
36.9 	16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
36.10 		Subdivision 1.Membership. (a) The Construction Codes Advisory Council 
36.11 	consists of the following members:
36.12 	(1) the commissioner of administration or the commissioner's designee representing 
36.13 	the department's Building Codes and Standards Construction Codes and Licensing 
36.14 	Division;
36.15 	(2) the commissioner of health or the commissioner's designee representing an 
36.16 	Environmental Health Section of the department;
36.17 	(3) (2) the commissioner of public safety or the commissioner's designee 
36.18 	representing the department's State Fire Marshal Division;
36.19 	(4) the commissioner of commerce or the commissioner's designee representing 
36.20 	the department's State Energy Office; and
36.21 	(5) (3) one member representing each of the following occupations or entities, 
36.22 	appointed by the commissioner of administration:
36.23 	(i) a certified building official;
36.24 	(ii) a fire service representative;
36.25 	(iii) a licensed architect;
36.26 	(iv) a licensed professional engineer;
36.27 	(v) a building owners and managers representative;
36.28 	(vi) a licensed residential building contractor;
36.29 	(vii) a commercial building contractor;
36.30 	(viii) a heating and ventilation contractor;
36.31 	(ix) a plumbing contractor;
36.32 	(x) a representative of a construction and building trades union; and an electrical 
36.33 	contractor;
36.34 	(xi) a high pressure piping contractor;
36.35 	(xi) (xii) a local unit of government representative.; and
37.1 	(xiii) a utility company.
37.2 	(b) For members who are not state officials or employees, terms, compensation, 
37.3 	removal, and the filling of vacancies are governed by section  15.059. The council shall 
37.4 	select one of its members to serve as chair. 
37.5 	(c) The council expires June 30, 2003.
37.6 		Subd. 2.Duties of council. The council shall review laws, codes, rules, standards, 
37.7 	and licensing requirements relating to building construction and may:
37.8 	(1) recommend ways to eliminate inconsistencies, to streamline construction 
37.9 	regulation and construction processes procedures, and to improve procedures within 
37.10 	and among jurisdictions;
37.11 	(2) review and comment on current and proposed laws and rules to promote 
37.12 	coordination and consistency;
37.13 	(3) advise agencies on possible changes in rules to make them easier to understand 
37.14 	and apply; and
37.15 	(4) promote the coordination, within each jurisdiction, of the administration and 
37.16 	enforcement of construction codes.
37.17 	The council shall meet a minimum of two times each year. The council shall report 
37.18 	its findings and recommendations to the commissioner of administration and the head of 
37.19 	any other affected agency by the end of each calendar year. The council may recommend 
37.20 	changes in laws or rules governing building construction. The council may establish 
37.21 	subcommittees to facilitate its work. If the council establishes subcommittees, it shall 
37.22 	include in their memberships representation from entities and organizations expressing 
37.23 	an interest in membership. The commissioner of administration shall maintain a list of 
37.24 	interested entities and organizations.
37.25 		Subd. 3.Agency cooperation. State agencies and local governmental units shall 
37.26 	cooperate with the council and, so far as possible, provide information or assistance to 
37.27 	it upon its request. The commissioner of administration shall provide necessary staff 
37.28 	and administrative support to the council.

37.29 	Sec. 23. Minnesota Statutes 2004, section 136F.61, is amended to read:
37.30 	136F.61 STATE BUILDING CODE.
37.31 	All Minnesota state college and university facilities are subject to the provisions 
37.32 	of the State Building Code under chapter 16B and the Uniform State Fire Code under 
37.33 	chapter 299F.

38.1 	Sec. 24. Minnesota Statutes 2004, section 326.992, is amended to read:
38.2 	326.992 BOND REQUIREMENT; GAS, HEATING, VENTILATION, AIR 
38.3 	CONDITIONING, REFRIGERATION (G/HVACR) CONTRACTORS.
38.4 	(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, 
38.5 	fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for 
38.6 	all work entered into within the state. The bond must be for the benefit of persons suffering 
38.7 	financial loss by reason of the contractor's failure to comply with the requirements of the 
38.8 	State Mechanical Code. A bond given to the state must be filed with the commissioner 
38.9 	of administration and is in lieu of all other bonds to any political subdivision required for 
38.10 	work covered by this section. The bond must be written by a corporate surety licensed to 
38.11 	do business in the state.
38.12 	(b) The commissioner of administration may charge each person giving bond under 
38.13 	this section an annual bond filing fee of $15. The money must be deposited in a special 
38.14 	revenue fund and is appropriated to the commissioner to cover the cost of administering 
38.15 	the bond program.

38.16 	EFFECTIVE DATE. This section is effective July 1, 2006.

38.17 	Sec. 25. Minnesota Statutes 2004, section 327.31, subdivision 2, is amended to read:
38.18 		Subd. 2.Authorized representative. "Authorized representative" means any 
38.19 	person, firm or corporation, or employee thereof, approved or hired by the commissioner
38.20 	of labor and industry to perform inspection services.

38.21 	Sec. 26. Minnesota Statutes 2004, section 327.31, subdivision 3, is amended to read:
38.22 		Subd. 3.Manufactured Home Building Code. "Manufactured Home Building 
38.23 	Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June 
38.24 	15, 1976, the standards code promulgated by the American National Standards Institute 
38.25 	and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971, 
38.26 	or the provisions of the National Fire Protection Association and identified as NFPA 501B, 
38.27 	and further revisions adopted by the commissioner of labor and industry.
38.28 	"Manufactured Home Building Code" means, for manufactured homes constructed 
38.29 	after June 14, 1976, the manufactured home construction and safety standards promulgated 
38.30 	by the United States Department of Housing and Urban Development which are in effect 
38.31 	at the time of the manufactured home's manufacture.

38.32 	Sec. 27. Minnesota Statutes 2004, section 327.31, subdivision 4, is amended to read:
39.1 		Subd. 4.Commissioner. "Commissioner" means the commissioner of 
39.2 	administration labor and industry.

39.3 	Sec. 28. Minnesota Statutes 2004, section 327.31, is amended by adding a subdivision 
39.4 	to read:
39.5 		Subd. 6a.Individual. "Individual" means a human being.

39.6 	Sec. 29. Minnesota Statutes 2004, section 327.31, subdivision 7, is amended to read:
39.7 		Subd. 7.Person. "Person" means a person, partnership, corporation or other legal 
39.8 	entity any individual, limited liability company, corporation, partnership, incorporated 
39.9 	or unincorporated association, sole proprietorship, joint stock company, or any other 
39.10 	legal or commercial entity.

39.11 	Sec. 30. Minnesota Statutes 2004, section 327.31, subdivision 15, is amended to read:
39.12 		Subd. 15.Purchaser. "Purchaser" means the first person individual purchasing a 
39.13 	manufactured home in good faith for purposes other than resale.

39.14 	Sec. 31. Minnesota Statutes 2004, section 327.32, subdivision 8, is amended to read:
39.15 		Subd. 8.Evidence of compliance. Each manufacturer, distributor, and dealer 
39.16 	shall establish and maintain records, make reports, and provide information as the 
39.17 	commissioner or the secretary may reasonably require to be able to determine whether 
39.18 	the manufacturer, distributor, or dealer has acted or is acting in compliance with sections  
39.19 	327.31 to  327.35, and shall, upon request of a person duly designated by the commissioner 
39.20 	or the secretary, permit that person to inspect appropriate books, papers, records, and 
39.21 	documents relevant to determining whether that manufacturer, distributor, or dealer 
39.22 	has acted or is acting in compliance with sections  327.31 to  327.35, and the National 
39.23 	Manufactured Home Construction and Safety Standards Act of 1974, United States 
39.24 	Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing 
39.25 	Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement 
39.26 	Act of 2000, or other applicable federal or state law. 

39.27 	Sec. 32. Minnesota Statutes 2004, section 327.33, subdivision 2, is amended to read:
39.28 		Subd. 2.Fees. The commissioner shall by rule establish reasonable fees for seals, 
39.29 	installation seals and inspections which are sufficient to cover all costs incurred in the 
39.30 	administration of sections  327.31 to  327.35. The commissioner shall also establish by 
39.31 	rule a monitoring inspection fee in an amount that will comply with the secretary's fee 
40.1 	distribution program. This monitoring inspection fee shall be an amount paid by the 
40.2 	manufacturer for each manufactured home produced in Minnesota. The monitoring 
40.3 	inspection fee shall be paid by the manufacturer to the secretary. The rules of the 
40.4 	fee distribution program require the secretary to distribute the fees collected from all 
40.5 	manufactured home manufacturers among states approved and conditionally approved 
40.6 	based on the number of new manufactured homes whose first location after leaving the 
40.7 	manufacturer is on the premises of a distributor, dealer or purchaser in that state. All 
40.8 	money collected by the commissioner through fees prescribed by sections  327.31 to 
40.9 	327.36 shall be deposited in the state government special revenue fund and is appropriated 
40.10 	to the commissioner for the purpose of administering and enforcing the Manufactured 
40.11 	Home Building Code under sections  327.31 to  327.36.

40.12 	EFFECTIVE DATE. This section is effective July 1, 2006.

40.13 	Sec. 33. Minnesota Statutes 2004, section 327.33, subdivision 6, is amended to read:
40.14 		Subd. 6.Authorization as agency. The commissioner shall apply to the secretary 
40.15 	for approval of the commissioner as the administrative agency for the regulation of 
40.16 	manufactured homes under the rules of the secretary. The commissioner may make 
40.17 	rules for the administration and enforcement of department responsibilities as a state 
40.18 	administrative agency including, but not limited to, rules for the handling of citizen's 
40.19 	complaints. All money received for services provided by the commissioner or the 
40.20 	department's authorized agents as a state administrative agency shall be deposited in 
40.21 	the general construction code fund. The commissioner is charged with the adoption, 
40.22 	administration, and enforcement of the Manufactured Home Construction and Safety 
40.23 	Standards, consistent with rules and regulations promulgated by the United States 
40.24 	Department of Housing and Urban Development. The commissioner may adopt the 
40.25 	rules, codes, and standards necessary to enforce the standards promulgated under this 
40.26 	section. The commissioner is authorized to conduct hearings and presentations of views 
40.27 	consistent with regulations adopted by the United States Department of Housing and 
40.28 	Urban Development and to adopt rules in order to carry out this function.

40.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

40.30 	Sec. 34. Minnesota Statutes 2004, section 327.33, subdivision 7, is amended to read:
40.31 		Subd. 7.Employees. The commissioner may appoint such employees within 
40.32 	the Department of Administration Labor and Industry as deemed necessary for the 
40.33 	administration of sections  327.31 to  327.35. 

41.1 	Sec. 35. Minnesota Statutes 2004, section 327.34, subdivision 3, is amended to read:
41.2 		Subd. 3.Removal of seals. Manufactured home seals remain the property of 
41.3 	the Department of Administration Labor and Industry and may be removed by the 
41.4 	commissioner from any manufactured home which is in violation of the Manufactured 
41.5 	Home Building Code.

41.6 	Sec. 36. Minnesota Statutes 2004, section 327.35, subdivision 1, is amended to read:
41.7 		Subdivision 1.Civil Penalty. Notwithstanding section 326B.082, subdivision 11, 
41.8 	any person who violates any provision of this section is liable to the state of Minnesota 
41.9 	for a civil penalty of not to exceed $1,000 for each offense violation. Each violation 
41.10 	involving a separate manufactured home or involving a separate failure or refusal to allow 
41.11 	or perform any act required by this section constitutes a separate offense violation, except 
41.12 	that the maximum civil penalties for any related series of violations occurring within one 
41.13 	year from the date of the first violation may not exceed $1,000,000.

41.14 	Sec. 37. Minnesota Statutes 2004, section 327.35, subdivision 2, is amended to read:
41.15 		Subd. 2.Willful violations. Any individual or a director, officer, or agent of a 
41.16 	corporation who knowingly and willfully violates any provision of this section in a manner 
41.17 	which threatens the health or safety of any purchaser shall be fined not more than $3,000 
41.18 	or imprisoned not more than one year, or both guilty of a gross misdemeanor.

41.19 	Sec. 38. Minnesota Statutes 2004, section 327B.01, subdivision 4, is amended to read:
41.20 		Subd. 4.Commissioner. "Commissioner" means the commissioner of 
41.21 	administration labor and industry.

41.22 	Sec. 39. Minnesota Statutes 2004, section 327B.01, subdivision 5, is amended to read:
41.23 		Subd. 5.Consumer customer. "Consumer customer" means any natural person
41.24 	individual who, primarily for personal, household or family purposes, buys, sells, or seeks 
41.25 	to buy or sell, a manufactured home from, to or through a dealer or manufacturer.

41.26 	Sec. 40. Minnesota Statutes 2004, section 327B.01, subdivision 7, is amended to read:
41.27 		Subd. 7.Dealer or retailer. "Dealer" or "retailer" means any person who engages 
41.28 	in the business, either exclusively or in addition to any other occupation, of selling or 
41.29 	brokering manufactured homes, new or used, or who offers to sell, solicit, broker or 
41.30 	advertise the sale of manufactured homes, new or used.

42.1 	Sec. 41. Minnesota Statutes 2004, section 327B.01, is amended by adding a 
42.2 	subdivision to read:
42.3 		Subd. 10a.Individual. "Individual" means a human being.

42.4 	Sec. 42. Minnesota Statutes 2004, section 327B.01, is amended by adding a 
42.5 	subdivision to read:
42.6 		Subd. 11a.Licensee. "Licensee" means a person who is licensed as a dealer, limited 
42.7 	dealer, or manufacturer by the Department of Labor and Industry.

42.8 	Sec. 43. Minnesota Statutes 2004, section 327B.01, is amended by adding a 
42.9 	subdivision to read:
42.10 		Subd. 11b.Limited dealer or limited retailer. "Limited dealer" or "limited 
42.11 	retailer" means any person who is an owner of a manufactured home park authorized, as 
42.12 	principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale 
42.13 	of used manufactured homes located in the owned manufactured home park, who is the 
42.14 	title holder and engages in no more than ten sales annually.

42.15 	Sec. 44. Minnesota Statutes 2004, section 327B.01, is amended by adding a 
42.16 	subdivision to read:
42.17 		Subd. 14a.Manufacturing facility. "Manufacturing facility" means the physical 
42.18 	site where a manufacturer engages in the business of manufacture, assembly, or production 
42.19 	of manufactured homes.

42.20 	Sec. 45. Minnesota Statutes 2004, section 327B.01, is amended by adding a 
42.21 	subdivision to read:
42.22 		Subd. 16a.Owner. "Owner" means any person holding title to a manufactured 
42.23 	home park or manufactured homes.

42.24 	Sec. 46. Minnesota Statutes 2004, section 327B.01, subdivision 17, is amended to read:
42.25 		Subd. 17.Person. "Person" means any individual, limited liability company, 
42.26 	corporation, firm, partnership, incorporated and unincorporated association, sole 
42.27 	proprietorship, joint stock company, or any other legal or commercial entity.

42.28 	Sec. 47. Minnesota Statutes 2004, section 327B.04, subdivision 1, is amended to read:
42.29 		Subdivision 1.License and bond required. No person shall act as a dealer in 
42.30 	manufactured homes, new or used, without a license and a surety bond as provided in this 
43.1 	section. No person shall manufacture manufactured homes without a license for each 
43.2 	manufacturing facility shipping into or located within Minnesota's boundaries and a surety 
43.3 	bond as provided in this section. The licensing and bonding requirements of this section 
43.4 	do not apply to any bank, savings bank, savings association, or credit union, chartered by 
43.5 	either this state or the federal government, which acts as a dealer only by repossessing 
43.6 	manufactured homes and then offering the homes for resale.

43.7 	Sec. 48. Minnesota Statutes 2004, section 327B.04, subdivision 4, is amended to read:
43.8 		Subd. 4.License prerequisites. No application shall be granted nor license issued 
43.9 	until the applicant proves to the commissioner that:
43.10 	(a) the applicant has a permanent, established place of business at each licensed 
43.11 	location. An "established place of business" means a permanent enclosed building other 
43.12 	than a residence, or a commercial office space, either owned by the applicant or leased by 
43.13 	the applicant for a term of at least one year, located in an area where zoning regulations 
43.14 	allow commercial activity, and where the books, records and files necessary to conduct 
43.15 	the business are kept and maintained. The owner of a licensed manufactured home park 
43.16 	who resides in or adjacent to the park may use the residence as the established place of 
43.17 	business required by this subdivision, unless prohibited by local zoning ordinance.
43.18 	If a license is granted, the licensee may use unimproved lots and premises for sale, 
43.19 	storage, and display of manufactured homes, if the licensee first notifies the commissioner 
43.20 	in writing;
43.21 	(b) if the applicant desires to sell, solicit or advertise the sale of new manufactured 
43.22 	homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor 
43.23 	of the new manufactured home it proposes to deal in;
43.24 	(c) the applicant has secured a surety bond bearing the applicant's name and the 
43.25 	name under which the applicant will be licensed and do business in this state in the 
43.26 	amount of $20,000 for the protection of consumer customers, executed by the applicant 
43.27 	as principal and issued by a surety company admitted to do business in this state. The 
43.28 	bond shall be exclusively for the purpose of reimbursing consumer customers and shall be 
43.29 	conditioned upon the faithful compliance by the applicant with all of the laws and rules 
43.30 	of this state pertaining to the applicant's business as a dealer or manufacturer, including 
43.31 	sections  325D.44,  325F.67 and  325F.69, and upon the applicant's faithful performance of 
43.32 	all its legal obligations to consumer customers; 
43.33 	(d) the applicant has established a trust account as required by section  327B.08, 
43.34 	subdivision 3, unless the applicant states in writing its intention to limit its business to 
43.35 	selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and 
44.1 	(e) the applicant has provided evidence of having had at least two years' prior 
44.2 	experience in the sale of manufactured homes, working for a licensed dealer.

44.3 	Sec. 49. Minnesota Statutes 2004, section 327B.04, subdivision 7, is amended to read:
44.4 		Subd. 7.Fees; licenses; when granted. Each application for a license or license 
44.5 	renewal must be accompanied by a fee in an amount established by the commissioner 
44.6 	by rule pursuant to section  327B.10. The fees shall be set in an amount which over 
44.7 	the fiscal biennium will produce revenues approximately equal to the expenses which 
44.8 	the commissioner expects to incur during that fiscal biennium while administering and 
44.9 	enforcing sections  327B.01 to  327B.12. All money collected by the commissioner 
44.10 	through fees prescribed in sections  327B.01 to  327B.12 shall be deposited in the state 
44.11 	government special revenue fund and is appropriated to the commissioner for purposes of 
44.12 	administering and enforcing the provisions of this chapter. The commissioner shall grant 
44.13 	or deny a license application or a renewal application within 60 days of its filing. If the 
44.14 	license is granted, the commissioner shall license the applicant as a dealer or manufacturer 
44.15 	for the remainder of the calendar year. Upon application by the licensee, the commissioner 
44.16 	shall renew the license for a two year period, if: 
44.17 	(a) the renewal application satisfies the requirements of subdivisions 3 and 4;
44.18 	(b) the renewal applicant has made all listings, registrations, notices and reports 
44.19 	required by the commissioner during the preceding year; and
44.20 	(c) the renewal applicant has paid all fees owed pursuant to sections  327B.01 to  
44.21 	327B.12 and all taxes, arrearages, and penalties owed to the state. 

44.22 	EFFECTIVE DATE. This section is effective July 1, 2006.

44.23 	Sec. 50. Minnesota Statutes 2004, section 327B.04, subdivision 8, is amended to read:
44.24 		Subd. 8.Limited dealer's license. The commissioner shall issue a limited dealer's 
44.25 	license to an owner of a manufactured home park authorizing the licensee as principal 
44.26 	only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 
44.27 	manufactured homes located in the owned manufactured home park. The licensee must 
44.28 	be the title holder of the homes and may engage in no more than ten sales annually. An 
44.29 	owner may, upon payment of the applicable fee and compliance with this subdivision, 
44.30 	obtain a separate license for each owned manufactured home park and is entitled to sell up 
44.31 	to ten homes per license provided that only one limited dealer license may be issued for 
44.32 	each park. The license shall be issued after:
44.33 	(1) receipt of an application on forms provided by the commissioner containing 
44.34 	the following information:
45.1 	(i) the identity of the applicant;
45.2 	(ii) the name under which the applicant will be licensed and do business in this state;
45.3 	(iii) the name and address of the owned manufactured home park, including a copy 
45.4 	of the park license, serving as the basis for the issuance of the license; and
45.5 	(iv) the name, home, and business address of the applicant;
45.6 	(v) whether the applicant or any of its directors, officers, limited or general partners, 
45.7 	controlling shareholders, or affiliates has been convicted of a crime within the previous 
45.8 	ten years that either related directly to the business for which the license is sought or 
45.9 	involved fraud, misrepresentation or misuse of funds, or has suffered a judgment in a civil 
45.10 	action involving fraud, misrepresentation, or conversion within the previous five years or 
45.11 	has had any government license or permit suspended or revoked as a result of an action 
45.12 	brought by a federal or state governmental agency in this or any other state within the 
45.13 	last five years; and
45.14 	(vi) the applicant's qualifications and business history, including whether the 
45.15 	applicant or any of its directors, officers, limited or general partners, controlling 
45.16 	shareholders, or affiliates has ever been adjudged bankrupt or insolvent, or has any 
45.17 	unsatisfied court judgments outstanding against it or them.
45.18 	(2) payment of a $100 annual fee; and
45.19 	(3) provision of a surety bond in the amount of $5,000. A separate surety bond 
45.20 	must be provided for each limited license.
45.21 	The applicant need not comply with section  327B.04, subdivision 4, paragraph (e). 
45.22 	The holding of a limited dealer's license does not satisfy the requirement contained in 
45.23 	section  327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 
45.24 	to obtaining a dealer license. The commissioner may, upon application for a renewal of 
45.25 	a license, require only a verification that copies of sales documents have been retained 
45.26 	and payment of a $100 renewal fee. "Sales documents" mean only the safety feature 
45.27 	disclosure form defined in section  327C.07, subdivision 3a, title of the home, financing 
45.28 	agreements, and purchase agreements. 
45.29 	The license holder shall, upon request of the commissioner, make available for 
45.30 	inspection during business hours sales documents required to be retained under this 
45.31 	subdivision.

45.32 	Sec. 51. [327B.041] NOTICE TO COMMISSIONER.
45.33 		Subdivision 1.Notification. A person licensed as a dealer, limited dealer, or 
45.34 	manufacturer shall notify the commissioner of the occurrence of any of the events in 
45.35 	subdivisions 2 to 5.
46.1 		Subd. 2.Change in application information. A licensee shall notify the 
46.2 	commissioner in writing within ten days of the change of any change in information 
46.3 	contained in the most recent license application on file with the commissioner.
46.4 		Subd. 3.Civil judgment. A license shall notify the commissioner in writing within 
46.5 	ten days of any decision of a court regarding a proceeding in which the licensee was 
46.6 	named as a defendant, and in which fraud, misrepresentation, or the conversion of funds 
46.7 	was found to have been committed by the licensee.
46.8 		Subd. 4.Disciplinary action in another state. A licensee shall notify the 
46.9 	commissioner in writing within ten days of the condition, reprimand, censure, limitation, 
46.10 	suspension, or revocation of any other professional or occupational license, registration, 
46.11 	permit, or certificate held by the licensee in this or any other state, or any other United 
46.12 	States jurisdiction.
46.13 		Subd. 5.Criminal offense. A licensee shall notify the commissioner in 
46.14 	writing within ten days if the licensee is found guilty of a felony, gross misdemeanor, 
46.15 	misdemeanor, or any comparable offense related to manufactured home sales, improper 
46.16 	business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer 
46.17 	laws in this or any other state, or any other United States jurisdiction.

46.18 	Sec. 52. Minnesota Statutes 2004, section 327B.05, subdivision 1, is amended to read:
46.19 		Subdivision 1.Grounds. In addition to the grounds set forth in section 326B.082, 
46.20 	subdivision 11, the commissioner may by order deny, suspend, limit, place conditions 
46.21 	on, or revoke any the application or license on finding (1) that the order is in the public 
46.22 	interest and (2) that the of any applicant or licensee or any of its directors, officers, limited 
46.23 	or general partners, controlling shareholders or affiliates for any of the following grounds:
46.24 	(a) has filed an application for a license or a license renewal which fails to disclose 
46.25 	any material information or contains any statement which is false or misleading with 
46.26 	respect to any material fact;
46.27 	(b) (a) has violated any of the provisions of sections  327B.01 to  327B.12 or any 
46.28 	rule or order issued by the commissioner or any prior law providing for the licensing of 
46.29 	manufactured home dealers or manufacturers; 
46.30 	(c) (b) has had a previous manufacturer or dealer license revoked in this or any 
46.31 	other state;
46.32 	(d) (c) has engaged in acts or omissions which have been adjudicated or amount to a 
46.33 	violation of any of the provisions of section  325D.44,  325F.67 or  325F.69; 
47.1 	(e) (d) has sold or brokered the sale of a home containing a material violation of 
47.2 	sections  327.31 to  327.35 about which the dealer knew or which should have been obvious 
47.3 	to a reasonably prudent dealer; 
47.4 	(f) (e) has failed to make or provide all listings, notices and reports required by 
47.5 	the commissioner;
47.6 	(g) (f) has failed to pay a civil penalty assessed under subdivision 5 within ten 
47.7 	days after the assessment becomes final;
47.8 	(h) (g) has failed to pay to the commissioner or other responsible government agency 
47.9 	all taxes, fees and arrearages due;
47.10 	(i) (h) has failed to duly apply for license renewal;
47.11 	(j) (i) has violated any applicable manufactured home building or safety code;
47.12 	(k) (j) has failed or refused to honor any express or implied warranty as provided 
47.13 	in section  327B.03; 
47.14 	(l) (k) has failed to continuously occupy a permanent, established place of business 
47.15 	licensed under section  327B.04; 
47.16 	(m) (l) has, without first notifying the commissioner, sold a new and unused 
47.17 	manufactured home other than the make of manufactured home described in a franchise or 
47.18 	contract filed with the application for license or license renewal;
47.19 	(n) (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;
47.20 	(o) (n) is insolvent or bankrupt;
47.21 	(p) (o) holds an impaired or canceled bond;
47.22 	(q) (p) has failed to notify the commissioner of bankruptcy proceedings within ten 
47.23 	days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
47.24 	(r) (q) has, within the previous ten years, been convicted of a crime that either related 
47.25 	directly to the business of the dealer or manufacturer or involved fraud, misrepresentation 
47.26 	or misuse of funds;
47.27 	(s) (r) has suffered a judgment within the previous five years in a civil action 
47.28 	involving fraud, misrepresentation or misuse of funds; or
47.29 	(t) (s) has failed to reasonably supervise any employee or agent of the dealer or 
47.30 	manufacturer, resulting in injury or harm to the public.
47.31 	The commissioner may establish rules pursuant to section  327B.10 further 
47.32 	specifying, defining or establishing standards of conduct for manufactured home dealers 
47.33 	and manufacturers. 

47.34 	Sec. 53. REVISOR'S INSTRUCTION.
 48.1 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
48.2 	column A with the number listed in column B. The revisor shall also make necessary 
48.3 	cross-reference changes consistent with the renumbering.

48.4		Column A
	Column B
	
48.5		16B.59
	326B.101
	
48.6		16B.60, subd. 1
	326B.102, subd. 1
	
48.7		16B.60, subd. 2
	326B.102, subd. 4
	
48.8		16B.60, subd. 3
	326B.102, subd. 9
	
48.9		16B.60, subd. 4
	326B.102, subd. 5
	
48.10		16B.60, subd. 5
	326B.102, subd. 3
	
48.11		16B.60, subd. 6
	326B.102, subd. 11
	
48.12		16B.60, subd. 7
	326B.102, subd. 10
	
48.13		16B.60, subd. 8
	326B.102, subd. 12
	
48.14		16B.60, subd. 9
	326B.102, subd. 8
	
48.15		16B.60, subd. 10
	326B.102, subd. 7
	
48.16		16B.60, subd. 11
	326B.102, subd. 13
	
48.17		16B.60, subd. 12
	326B.102, subd. 6
	
48.18		16B.60, subd. 13
	326B.102, subd. 2
	
48.19		16B.61
	326B.103
	
48.20		16B.615
	326B.104
	
48.21		16B.616
	326B.105
	
48.22		16B.617
	326B.106
	
48.23		16B.6175
	326B.107
	
48.24		16B.62
	326B.108
	
48.25		16B.625
	326B.109
	
48.26		16B.63
	326B.110
	
48.27		16B.64
	326B.111
	
48.28		16B.65
	326B.112
	
48.29		16B.66
	326B.113
	
48.30		16B.67
	326B.114
	
49.1		16B.68
	326B.115
	
49.2		16B.685
	326B.116
	
49.3		16B.70
	326B.117
	
49.4		16B.71
	326B.118
	
49.5		16B.72
	326B.119
	
49.6		16B.73
	326B.120
	
49.7		16B.735
	326B.121
	
49.8		16B.74
	326B.122
	
49.9		16B.741
	326B.123
	
49.10		16B.742
	326B.124
	
49.11		16B.743
	326B.125
	
49.12		16B.744
	326B.126
	
49.13		16B.745
	326B.127
	
49.14		16B.746
	326B.128
	
49.15		16B.747
	326B.129
	
49.16		16B.748
	326B.130
	
49.17		16B.749
	326B.131
	
49.18		16B.75
	326B.132
	
49.19		16B.76
	326B.07
	
49.20		326.992
	326B.133

49.21 	Sec. 54.  REPEALER.
 49.22 	Minnesota Statutes 2004, sections 16B.665; and 16B.747, subdivision 4, are 
49.23 	repealed.

49.24 	ARTICLE 5
49.25 	ELECTRICAL

49.26 	Section 1. Minnesota Statutes 2004, section 326.01, subdivision 2, is amended to read:
49.27 		Subd. 2.Class A master electrician. The term "Class A master electrician" 
49.28 	means a person an individual having the necessary qualifications, training, experience, 
49.29 	and technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 
50.1 	altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power, 
50.2 	and other purposes perform and supervise any electrical work, and who is licensed as such
50.3 	a Class A master electrician by the Board of Electricity commissioner.

50.4 	Sec. 2. Minnesota Statutes 2004, section 326.01, subdivision 3, is amended to read:
50.5 		Subd. 3.Class A journeyman electrician. The term "Class A journeyman 
50.6 	electrician" means a person an individual having the necessary qualifications, training, 
50.7 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
50.8 	altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power, 
50.9 	and other purposes, and who is licensed as such a Class A journeyman electrician by the 
50.10 	Board of Electricity commissioner.

50.11 	Sec. 3. Minnesota Statutes 2004, section 326.01, subdivision 4, is amended to read:
50.12 		Subd. 4.Special electrician. The term "Special electrician" means a person
50.13 	an individual having the necessary qualifications, training, experience, and technical 
50.14 	knowledge to install, alter, repair, and supervise the installing, altering, or repairing of 
50.15 	special classes of electrical wiring, apparatus, or equipment for light, heat, power, and 
50.16 	other purposes or for special classes of electrical work who is licensed as such a special 
50.17 	electrician by the Board of Electricity commissioner. The scope of any special electrician 
50.18 	license created by the board under section  326.242, subdivision 4, shall be limited to that 
50.19 	provided for by the rules adopted by the board. Special electrician includes specifically, 
50.20 	but not exclusively, elevator constructors, linemen, maintenance electricians, and master 
50.21 	elevator constructors.

50.22 	Sec. 4. Minnesota Statutes 2004, section 326.01, subdivision 5, is amended to read:
50.23 		Subd. 5.Contractor. The term "Contractor" means a person, partnership, or 
50.24 	corporation operating a business that undertakes who performs or offers to undertake to 
50.25 	plan for, lay out, or install or to make additions, alterations, or repairs in the installation 
50.26 	of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes
50.27 	perform any electrical work, with or without compensation, who is licensed as such a 
50.28 	contractor by the Board of Electricity commissioner. A contractor's license does not of 
50.29 	itself qualify its holder to perform or supervise the electrical work authorized by holding 
50.30 	any class of electrician's or other personal electrical license. Contractor includes electrical 
50.31 	contractors and technology system contractors.

50.32 	Sec. 5. Minnesota Statutes 2004, section 326.01, subdivision 6, is amended to read:
51.1 		Subd. 6.Class B master electrician. The term "Class B master electrician" 
51.2 	means a person an individual having the necessary qualifications, training, experience, 
51.3 	and technical knowledge to install, alter, repair, plan, lay out, perform and supervise 
51.4 	the installing, altering, and repairing of electrical wiring, apparatus, and equipment any 
51.5 	electrical work for single phase systems of not over 200 ampere capacity for light, heat, 
51.6 	power, and other purposes on any farm or in any single family dwelling located in any 
51.7 	town or municipality which has a population of less than 2500 2,500 inhabitants, and who 
51.8 	is licensed as such a Class B master electrician by the Board of Electricity commissioner.

51.9 	Sec. 6. Minnesota Statutes 2004, section 326.01, subdivision 6a, is amended to read:
51.10 		Subd. 6a.Class B journeyman electrician. The term "Class B journeyman 
51.11 	electrician" means a person an individual having the necessary qualifications, training, 
51.12 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
51.13 	altering, or repairing of electrical wiring, apparatus, and equipment for single phase 
51.14 	systems of not more than 200 ampere capacity for light, heat, power, and other purposes 
51.15 	on any farm or in any single family dwelling located in any town or municipality which 
51.16 	has a population of less than 2500 2,500 inhabitants, and who is licensed as such a Class B 
51.17 	journeyman electrician by the Board of Electricity commissioner.

51.18 	Sec. 7. Minnesota Statutes 2004, section 326.01, subdivision 6b, is amended to read:
51.19 		Subd. 6b.Class A installer. The term "Class A installer" means a person an 
51.20 	individual who has the necessary qualifications, training, experience, and technical 
51.21 	knowledge to properly lay out and install electrical wiring, apparatus, and equipment for 
51.22 	major electrical home appliances and such other electrical equipment as is determined by 
51.23 	the state Board of Electricity commissioner pursuant to section  326.242, subdivision 3, 
51.24 	on the load side of the main service on farmsteads or in any town or municipality with 
51.25 	less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not 
51.26 	contain an established business of a master electrician, and who is licensed as such a Class 
51.27 	A installer by the state Board of Electricity commissioner. 

51.28 	Sec. 8. Minnesota Statutes 2004, section 326.01, subdivision 6c, is amended to read:
51.29 		Subd. 6c.Class B installer. The term "Class B installer" means a person an 
51.30 	individual who has the necessary qualifications, training, experience, and technical 
51.31 	knowledge to properly lay out and install electrical wiring, apparatus, and equipment 
51.32 	on center pivot irrigation booms on the load side of the main service on farmsteads, 
51.33 	and install other electrical equipment determined by the state Board of Electricity.
52.1 	commissioner, and who is licensed as a Class B installer must be licensed by the Board of 
52.2 	Electricity commissioner.

52.3 	Sec. 9. Minnesota Statutes 2004, section 326.01, subdivision 6e, is amended to read:
52.4 		Subd. 6e.Owner. An owner is a natural person an individual who physically 
52.5 	performs electrical work on premises the person individual owns and actually occupies as 
52.6 	a residence or owns and will occupy as a residence upon completion of its construction.

52.7 	Sec. 10. Minnesota Statutes 2004, section 326.01, subdivision 6f, is amended to read:
52.8 		Subd. 6f.Electrical work. The term "Electrical work" means the installing, 
52.9 	altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment 
52.10 	for electrical light, heat, power, technology circuits or systems, or other purposes. The 
52.11 	installing, alteration altering, repairing, planning, or laying out of electrical wiring, 
52.12 	apparatus, or equipment for electrical light, heat, power, technology circuits or systems,
52.13 	or other purposes includes, but is not limited to, the performance of any work governed
52.14 	regulated by the standards referred to in section  326.243. 

52.15 	Sec. 11. Minnesota Statutes 2004, section 326.01, subdivision 6g, is amended to read:
52.16 		Subd. 6g.Personal Direct supervision. The term "personal "Direct supervision" 
52.17 	means that a person licensed to perform electrical work oversees and directs the electrical 
52.18 	work performed by an unlicensed person such that:
52.19 	(1) the licensed person actually reviews the electrical work performed by the 
52.20 	unlicensed person an unlicensed individual is being supervised by an individual licensed 
52.21 	to perform the electrical work being supervised;
52.22 	(2) during the entire working day of the unlicensed individual, the licensed 
52.23 	individual is present in the building or structure where the unlicensed individual is 
52.24 	performing electrical work;
52.25 	(3) the licensed person individual is immediately available to the unlicensed person
52.26 	individual at all times for assistance and direction;
52.27 	(4) the licensed individual actually reviews the electrical work performed by the 
52.28 	unlicensed individual before the electrical work is operated; and
52.29 	(3) (5) the licensed person individual is able to and does determine that all electrical 
52.30 	work performed by the unlicensed person individual is performed in compliance with 
52.31 	section  326.243. 
52.32 	The licensed person is responsible for the compliance with section  326.243 of all 
52.33 	electrical work performed by the unlicensed person. 

53.1 	Sec. 12. Minnesota Statutes 2004, section 326.01, subdivision 6j, is amended to read:
53.2 		Subd. 6j.Residential dwelling. A "residential dwelling" is an individual dwelling 
53.3 	of a single dwelling unit that is contained in a one-family, two-family, or multifamily 
53.4 	dwelling as defined in the National Electrical Code pursuant to section  326.243, including 
53.5 	its garage or accessory building. A residential dwelling includes a garage and accessory 
53.6 	building that can only be used by the residents of the single dwelling unit.

53.7 	Sec. 13. Minnesota Statutes 2004, section 326.01, subdivision 6k, is amended to read:
53.8 		Subd. 6k.Power limited technician. The term "Power limited technician" means 
53.9 	a person an individual having the necessary qualifications, training, experience, and 
53.10 	technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 
53.11 	altering, and repairing of electrical wiring, apparatus, and equipment for technology 
53.12 	circuits or systems, and who is licensed as such a power limited technician by the Board of 
53.13 	Electricity commissioner.

53.14 	Sec. 14. Minnesota Statutes 2004, section 326.241, is amended to read:
53.15 	326.241 BOARD OF ELECTRICITY ELECTRICAL ADVISORY COUNCIL.
53.16 		Subdivision 1.Composition. The Board of Electricity Electrical Advisory Council 
53.17 	shall be advisory to the commissioner and shall consist of 11 members, who are residents 
53.18 	of the state, and appointed by the governor of whom commissioner. Two members shall 
53.19 	be representatives of the electrical suppliers in the rural areas of the state,; two shall be 
53.20 	master electricians, who shall be contractors,; two shall be journeyman electricians,; one 
53.21 	registered consulting shall be a licensed electrical engineer,; two shall be power limited 
53.22 	technicians, who shall be technology system contractors primarily engaged in the business 
53.23 	of installing technology circuits or systems, and two; one shall be a public members
53.24 	member as defined by section  214.02; and one shall be a department employee designated 
53.25 	by the commissioner. The commissioner may also appoint one or more alternates for 
53.26 	each member of the advisory council. Membership terms, compensation of members, 
53.27 	removal of members, the filling of membership vacancies, and fiscal year and reporting 
53.28 	requirements shall be as provided in sections  214.07 to  214.09. The provision of staff, 
53.29 	administrative services and office space; the review and processing of complaints; the 
53.30 	setting of board fees; and other provisions relating to board operations shall be as provided 
53.31 	in chapter 214.
53.32 		Subd. 1a.Organization. (a) The advisory council shall be organized and 
53.33 	administered according to section 15.059, except that, notwithstanding any other law to 
53.34 	the contrary, the advisory council shall not expire. Upon the commissioner's request, the 
54.1 	advisory council shall form a complaint committee, a technical committee, a technical 
54.2 	program committee, and any other committee that the commissioner directs. Each 
54.3 	committee shall render advice to the commissioner without referring matters to the full 
54.4 	advisory council, unless the committee determines that referral of a technical matter 
54.5 	to the full advisory council is appropriate.
54.6 	(b) The complaint committee shall consist of two department employees designated 
54.7 	by the commissioner and at least one member but no more than three members of the 
54.8 	advisory council. The complaint committee shall, upon the commissioner's request, 
54.9 	advise the commissioner regarding the disposition of complaints filed with or information 
54.10 	received by the commissioner alleging or indicating violations of sections 326B.32 
54.11 	to 326B.399.
54.12 	(c) The technical committee shall consist of one department employee designated 
54.13 	by the commissioner and at least one member but no more than three members of the 
54.14 	advisory council. The technical committee shall, upon the commissioner's request, advise 
54.15 	the commissioner regarding technical electrical code issues and proposed licensing 
54.16 	examinations. 
54.17 	(d) The technical program committee shall consist of two department employees 
54.18 	designated by the commissioner and at least one member but no more than three members 
54.19 	of the advisory council. The technical program committee shall, upon the commissioner's 
54.20 	request, advise the commissioner regarding experience credits for technical programs.
54.21 		Subd. 2.Powers Duties. The board, or the complaint committee on behalf of the 
54.22 	board where authorized by law, advisory council shall have power to meet at least four 
54.23 	times per year and shall:
54.24 	(1) elect its own officers., who shall select advisory council members to serve on the 
54.25 	complaint committee, the technical committee, the technical program committee, and any 
54.26 	other committee directed by the commissioner;
54.27 	(2) Engage and fix the compensation of inspectors, and hire employees. The salary 
54.28 	of the executive secretary shall be established pursuant to chapter 43A. All agents and 
54.29 	employees other than contract inspectors shall be in the classified service and shall be 
54.30 	compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or 
54.31 	journeyman electricians under section  326.242, subdivision 1(1) or 2(1), and shall give 
54.32 	bond in an amount fixed by the board, conditioned upon the faithful performance of their 
54.33 	duties. select an advisory council member to serve on the Construction Codes Advisory 
54.34 	Council established in section 326B.07; 
55.1 	(3) Pay such other expenses as it may deem necessary in the performance of its 
55.2 	duties, including rent, supplies, and such like. at the request of the commissioner, advise 
55.3 	the commissioner on issues related to the electrical industry; and
55.4 	(4) Enforce the provisions of sections  326.241 to  326.248, and provide, upon 
55.5 	request, such additional voluntary inspections and reviews as it may deem appropriate at 
55.6 	the request of an advisory council committee, provide advice to the committee or to the 
55.7 	commissioner on technical issues. 
55.8 	(5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses, 
55.9 	censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive 
55.10 	relief and civil penalties in court as authorized by section  326.242 and other provisions 
55.11 	of Minnesota law. 
55.12 	(6) Adopt reasonable rules to carry out its duties under sections  326.241 to  326.248
55.13 	and to provide for the amount and collection of fees for inspection and other services. All 
55.14 	rules shall be adopted in accordance with chapter 14. 
55.15 		Subd. 3.Fees and finances; disposition. All fees collected under the provisions of 
55.16 	sections  326.241 to  326.248 are to be credited to a special account in the state treasury. 
55.17 	Money in the account is appropriated to the Board of Electricity to administer and enforce 
55.18 	sections  326.241 to  326.248, to pay indirect costs, to compensate contract electrical 
55.19 	inspectors for inspections performed, and to make refunds. 

55.20 	EFFECTIVE DATE. The repeal of subdivision 3 is effective July 1, 2006.

55.21 	Sec. 15. Minnesota Statutes 2004, section 326.242, as amended by Laws 2005, chapter 
55.22 	62, section 1, is amended to read:
55.23 	326.242 LICENSES.
55.24 		Subdivision 1.Master electrician. Except as otherwise provided by law, no person
55.25 	individual shall install, alter, repair, plan, lay out, or supervise the installing, altering, or 
55.26 	repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other 
55.27 	purposes perform electrical work unless the person individual is: (a) licensed by the 
55.28 	board commissioner as a master electrician; and (b)(i) the electrical work is for a licensed 
55.29 	contractor and the person individual is an employee, partner, or officer of, or is the licensed 
55.30 	contractor, or (ii) the electrical work is performed for the person's individual's employer 
55.31 	on electric electrical wiring, apparatus, equipment, or facilities that are owned or leased by 
55.32 	the employer which is and that are located within the limits of property which is operated, 
55.33 	maintained, and either owned or leased and operated and maintained by the employer.
56.1 	(1) An applicant for a Class A master electrician's electrician license shall (a) 
56.2 	be a graduate of a four-year electrical course in offered by an accredited college or 
56.3 	university; or (b) shall have had at least one year's year of experience, acceptable to the 
56.4 	board commissioner, as a licensed journeyman; or (c) shall have had at least five years' 
56.5 	experience, acceptable to the board commissioner, in planning for, laying out, supervising 
56.6 	and installing wiring, apparatus, or equipment for electrical light, heat and power.
56.7 	(2) As of August 1, 1985, no new Class B master electrician's electrician licenses 
56.8 	shall be issued. An individual who has a Class B master electrician's electrician license as 
56.9 	of August 1, 1985, may retain and renew the license and exercise the privileges it grants, 
56.10 	which include electrical work limited to single phase systems, not over 200 amperes in 
56.11 	capacity, on farmsteads or single-family dwellings located in towns or municipalities 
56.12 	with fewer than 2,500 inhabitants.
56.13 		Subd. 2.Journeyman electrician. (a) Except as otherwise provided by law, 
56.14 	no person individual shall install, alter, repair, or supervise the installing, altering, or 
56.15 	repairing of electrical wiring, apparatus, or equipment for electrical light, heat, power, 
56.16 	or other purposes unless:
56.17 	(1) the person individual is licensed by the board commissioner as a journeyman 
56.18 	electrician; and
56.19 	(2) the electrical work is:
56.20 	(i) for a contractor and the person individual is an employee, partner, or officer of 
56.21 	the licensed contractor; or
56.22 	(ii) performed under the supervision of a master electrician also employed by the 
56.23 	person's individual's employer on electrical wiring, apparatus, equipment, or facilities
56.24 	that are owned or leased by the employer and that is are located within the limits of 
56.25 	property operated, maintained, and either owned or leased, operated, and maintained by 
56.26 	the employer.
56.27 	(b) An applicant for a Class A journeyman electrician's electrician license shall have 
56.28 	had at least four years of experience, acceptable to the board commissioner, in wiring for, 
56.29 	installing, and repairing electrical wiring, apparatus, or equipment, provided however, 
56.30 	that the board commissioner may by rule provide for the allowance of allow one year of 
56.31 	experience credit for the successful completion of a two-year post high school electrical 
56.32 	course approved by the board commissioner.
56.33 	(c) As of August 1, 1985, no new Class B journeyman electrician's electrician
56.34 	licenses shall be issued. An individual who holds a Class B journeyman electrician's
56.35 	electrician license as of August 1, 1985, may retain and renew the license and exercise the 
56.36 	privileges it grants, which include electrical work limited to single phase systems, not over 
57.1 	200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or 
57.2 	municipalities with fewer than 2,500 inhabitants.
57.3 		Subd. 3.Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and 
57.4 	6, any person individual holding a Class A installer license may lay out and install and 
57.5 	supervise the laying out and installing of electrical wiring, apparatus, or equipment for 
57.6 	major electrical home appliances on the load side of the main service on farmsteads and in 
57.7 	any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to 
57.8 	a city of the first class and does not contain an established business of a contractor. As 
57.9 	of December 1, 2006, no new Class A installer licenses shall be issued. An individual 
57.10 	who holds a Class A installer license as of December 1, 2006, may retain and renew the 
57.11 	license and exercise the privileges it grants.
57.12 		Subd. 3a.Class B installer. Notwithstanding the provisions of subdivisions 1, 2 
57.13 	and 6, any person individual holding a Class B installer license may lay out and install 
57.14 	electrical wiring, apparatus and equipment on center pivot irrigation booms on the load 
57.15 	side of the main service on farmsteads, and install such other electrical equipment as is 
57.16 	determined approved by the board commissioner.
57.17 		Subd. 3b.Coursework or experience. An applicant for a Class A or B installer 
57.18 	license shall have completed a post high school course in electricity acceptable to
57.19 	approved by the board commissioner or shall have had at least one year's year of
57.20 	experience, acceptable to approved by the board commissioner, in electrical wiring.
57.21 		Subd. 3c.Bond. Every Class A and Class B installer, as a condition of licensure, 
57.22 	shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful 
57.23 	performance of all work contracted for or entered upon by the installer within the state of 
57.24 	Minnesota, and such bond shall be for the benefit of persons injured or suffering financial 
57.25 	loss by reason of failure of such performance. Such bond shall be in lieu of all other 
57.26 	license bonds to any political subdivision of the state. Such bond shall be written by a 
57.27 	corporate surety licensed to do business in the state of Minnesota.
57.28 		Subd. 3d.Power limited technician. (a) Except as otherwise provided by law, 
57.29 	no person individual shall install, alter, repair, plan, lay out, or supervise the installing, 
57.30 	altering, or repairing, planning, or laying out of electrical wiring, apparatus, or equipment 
57.31 	for technology circuits or systems unless:
57.32 	(l) the person individual is licensed by the board commissioner as a power limited 
57.33 	technician; and
57.34 	(2) the electrical work is:
57.35 	(i) for a licensed contractor and the person individual is an employee, partner, or 
57.36 	officer of, or is the licensed contractor; or
58.1 	(ii) performed under the supervision of a master electrician or power limited 
58.2 	technician also employed by the person's individual's employer on technology circuits, 
58.3 	systems, apparatus, equipment, or facilities that are owned or leased by the employer and
58.4 	that are located within the limits of property operated, maintained, and either owned or 
58.5 	leased, operated, and maintained by the employer.
58.6 	(b) An applicant for a power limited technician's license shall (1) be a graduate of a 
58.7 	four-year electrical course in offered by an accredited college or university; or (2) have 
58.8 	had at least 36 months' experience, acceptable to the board commissioner, in planning 
58.9 	for, laying out, supervising, and installing, altering, and repairing wiring, apparatus, or 
58.10 	equipment for power limited systems, provided however, that the board commissioner
58.11 	may by rule provide for the allowance of up to 12 months (2,000 hours) of experience 
58.12 	credit for successful completion of a two-year post high school electrical course or other 
58.13 	technical training approved by the board commissioner.
58.14 	(c) The board may initially set experience requirements without rulemaking, but 
58.15 	must adopt rules before July 1, 2004.
58.16 	(d) Licensees must attain eight hours of continuing education acceptable to the 
58.17 	board every renewal period.
58.18 	(e) A person who has submitted an application by June 30, 2003, to take the alarm 
58.19 	and communications examination administered by the board, and who has achieved a 
58.20 	minimal score of 70 percent on the examination by September 30, 2003, may obtain a 
58.21 	power limited technician license without further examination by submitting an application 
58.22 	and a license fee of $30.
58.23 	(f) (c) A company holding an alarm and communication license as of June 30, 2003, 
58.24 	may designate one person individual who may obtain a power limited technician license 
58.25 	without passing an examination administered by the board commissioner by submitting an 
58.26 	application and license fee of $30.
58.27 	(g) A person who has submitted an application by September 30, 2005, to take the 
58.28 	power limited technician examination administered by the board is not required to meet 
58.29 	the qualifications set forth in paragraph (b).
58.30 		Subd. 4.Special electrician. Notwithstanding the provisions of subdivisions 1, 2, 6, 
58.31 	and 7, the board commissioner may by rule provide for the issuance of special electrician 
58.32 	licenses empowering the licensee to engage in a limited class or classes of electrical work, 
58.33 	which class or classes shall be specified on the license certificate. Each licensee shall 
58.34 	have had at least two years of experience, acceptable to the board commissioner, in each 
58.35 	such limited class of work for which the licensee is licensed. The scope of each special 
59.1 	electrician license created by the commissioner under this section shall be limited to that 
59.2 	provided for by the rules adopted by the commissioner.
59.3 		Subd. 5.Unlicensed persons individuals. (a) An unlicensed person individual
59.4 	shall not perform electrical work unless the work is performed under the personal direct
59.5 	supervision of a person actually an individual licensed to perform such work and the 
59.6 	licensed electrician individual and unlicensed persons individual are employed by the 
59.7 	same employer. Licensed persons shall not permit unlicensed persons individuals to 
59.8 	perform electrical work except under the personal direct supervision of a person actually
59.9 	an individual licensed to perform such the electrical work. Unlicensed persons individuals
59.10 	shall not supervise the performance of electrical work or make assignments of electrical 
59.11 	work to unlicensed persons individuals. Except for technology circuit or system work,
59.12 	each licensed persons individual shall supervise no more than two unlicensed persons
59.13 	individuals. For technology circuit or system work, each licensed persons individual shall 
59.14 	supervise no more than three unlicensed persons individuals.
59.15 	(b) Notwithstanding any other provision of this section, no person individual other 
59.16 	than a licensed master electrician or licensed power limited technician shall plan or lay out 
59.17 	electrical wiring, apparatus, or equipment for light, heat, power, or other purposes, except 
59.18 	circuits or systems exempted from personal licensing by subdivision 12, paragraph (b).
59.19 	(c) Contractors employing unlicensed persons performing individuals to perform
59.20 	electrical work shall maintain records establishing compliance with this subdivision, which
59.21 	that shall designate identify all unlicensed persons individuals performing electrical work, 
59.22 	except for persons individuals working on circuits or systems exempted from personal 
59.23 	licensing by subdivision 12, paragraph (b), and shall permit the board commissioner to 
59.24 	examine and copy all such records as provided for in section  326.244, subdivision 6. 
59.25 	(d) When a licensed individual supervises the electrical work of an unlicensed 
59.26 	individual, the licensed individual is responsible for ensuring that the electrical work 
59.27 	complies with the Minnesota Electrical Act and all rules adopted under the act.
59.28 		Subd. 6.Contractor's license required. Except as otherwise provided by law, no 
59.29 	person individual other than an employee, partner, or officer of a licensed contractor, as 
59.30 	defined by section  326.01 326B.31, subdivision 5 12, shall undertake perform or offer 
59.31 	to undertake to plan for, lay out, supervise or install or to make additions, alterations, or 
59.32 	repairs in the installation of electrical wiring, apparatus, and equipment for light, heat, 
59.33 	power, and other purposes perform electrical work with or without compensation unless 
59.34 	the person individual obtains a contractor's license. A contractor's license does not of 
59.35 	itself qualify its holder to perform or supervise the electrical work authorized by holding 
59.36 	any class of personal electrical license. 
60.1 		Subd. 6a.Bond required. As a condition of licensing, each contractor shall give 
60.2 	and maintain bond to the state in the penal sum of $5,000 $25,000 conditioned upon the 
60.3 	faithful and lawful performance of all work entered upon contracted for or performed by 
60.4 	the contractor within the state of Minnesota and such bond shall be for the benefit of 
60.5 	persons injured or suffering financial loss by reason of failure of such performance. The 
60.6 	bond shall be filed with the board commissioner and shall be in lieu of all other license 
60.7 	bonds to any other political subdivision. Such bond shall be written by a corporate surety 
60.8 	licensed to do business in the state of Minnesota.
60.9 		Subd. 6b.Insurance required. Each contractor shall have and maintain in effect 
60.10 	general liability insurance, which includes premises and operations insurance and products 
60.11 	and completed operations insurance, with limits of at least $100,000 per occurrence, 
60.12 	$300,000 aggregate limit for bodily injury, and property damage insurance with limits 
60.13 	of at least $25,000 $50,000 or a policy with a single limit for bodily injury and property 
60.14 	damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance 
60.15 	shall be written by an insurer licensed to do business in the state of Minnesota and each 
60.16 	contractor shall maintain on file with the board commissioner a certificate evidencing such 
60.17 	insurance which provides that such insurance shall not be canceled without the insurer 
60.18 	first giving 15 days written notice to the board commissioner of such cancellation.
60.19 		Subd. 6c.Employment of master electrician or power limited technician. (a) No 
60.20 	contractor shall engage in business of electrical contracting unless the contractor employs 
60.21 	a licensed Class A master or Class B Each contractor must designate a responsible master 
60.22 	electrician, or power limited technician, who shall be responsible for the performance of 
60.23 	all electrical work in accordance with the requirements of sections  326.241 to  326.248
60.24 	326B.31 to 326B.399 or any rule or order adopted or issued under these sections. The 
60.25 	classes of work for which the that a licensed contractor is authorized to perform shall be 
60.26 	limited to those for which such Class A master electrician, Class B master electrician, 
60.27 	or power limited technician employed by the contractor the classes of work that the 
60.28 	responsible master electrician or power limited electrician is licensed to perform. 
60.29 	(b) When a contractor's license is held by an individual, sole proprietorship,
60.30 	partnership, limited liability company, or corporation and the individual, proprietor, one 
60.31 	of the partners, one of the members, or an officer of the corporation, respectively, is not 
60.32 	the responsible master electrician or power limited technician of record, all requests for 
60.33 	inspection shall be signed by the responsible master electrician or power limited technician 
60.34 	of record. The designated responsible master electrician or power limited technician of 
60.35 	record shall be employed by the individual, partnership, limited liability company, or 
60.36 	corporation which is applying for a contractor's license and shall not be employed in any 
61.1 	capacity as a licensed electrician or licensed technician by any other contractor or employer 
61.2 	designated in subdivision 12. If the contractor is an individual or a sole proprietorship, the 
61.3 	responsible licensed individual must be the individual, proprietor, or managing employee. 
61.4 	If the contractor is a partnership, the responsible licensed individual must be a general 
61.5 	partner or managing employee. If the licensed contractor is a limited liability company, 
61.6 	the responsible licensed individual must be a chief manager or managing employee. If 
61.7 	the contractor is a corporation, the responsible licensed individual must be an officer or 
61.8 	managing employee. If the responsible licensed individual is a managing employee, the 
61.9 	responsible licensed individual must be actively engaged in performing electrical work 
61.10 	on behalf of the contractor, and cannot be employed in any capacity as an electrician 
61.11 	or technician by any other contractor or employer designated in subdivision 12. An 
61.12 	individual may be the responsible licensed individual for only one contractor or employer.
61.13 	(c) All applications and renewals for contractor's contractor licenses and all 
61.14 	renewals shall include a verified statement that the applicant or licensee has complied 
61.15 	with this subdivision.
61.16 		Subd. 7.Examination. In addition to the other requirements imposed herein
61.17 	described in this section and except as herein otherwise provided in subdivision 11, as 
61.18 	a precondition to issuance of a personal license, each applicant must pass a written 
61.19 	or oral examination given developed and administered by the board commissioner to 
61.20 	insure ensure the competence of each applicant for license. An oral examination shall 
61.21 	be administered only to an applicant who furnishes a written statement from a certified 
61.22 	teacher or other professional, trained in the area of reading disabilities stating that the 
61.23 	applicant has a specific reading disability which would prevent the applicant from 
61.24 	performing satisfactorily on a written test. The oral examination shall be structured so that 
61.25 	an applicant who passes the examination will not impair the applicant's own safety or that 
61.26 	of others while acting as a licensed person individual. No person individual failing an 
61.27 	examination may retake it for six months thereafter, but within such six months the person
61.28 	individual may take an examination for a lesser grade of license. Any licensee individual
61.29 	failing to renew a personal license for two years or more after its expiration, and any 
61.30 	licensee whose personal license is revoked under this chapter, shall be required to retake 
61.31 	the examination before being issued a new license. An individual whose personal license 
61.32 	is revoked under any other chapter is not required to retake the examination before being 
61.33 	issued a new license, unless the personal license was revoked two years or more before the 
61.34 	commissioner received the completed application for a new license. A licensee whose 
61.35 	personal license is suspended for any reason is not required to retake the examination 
62.1 	before the personal license is reinstated, unless the personal license has not been reinstated 
62.2 	within two years after the suspension began.
62.3 	An applicant for a personal license shall submit to the board commissioner an 
62.4 	application and examination fee at the time of application. Upon approval of the 
62.5 	application, the board commissioner shall schedule the applicant for the next available 
62.6 	examination, which shall be held within 60 days. The applicant shall be allowed one 
62.7 	opportunity to reschedule an examination without being required to submit another 
62.8 	application and examination fee. Additionally, an applicant who fails an examination, or 
62.9 	whose application has been disapproved, must was not approved, shall submit another 
62.10 	application and examination fee.
62.11 		Subd. 8.License and renewal fees; expiration. All licenses issued hereunder shall 
62.12 	expire in a manner as provided by the board. (a) Unless revoked or suspended under this 
62.13 	chapter, all licenses issued or renewed under this section expire on the date specified 
62.14 	in this subdivision. Master licenses expire March 1 of each odd-numbered year after 
62.15 	issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered 
62.16 	year after issuance or renewal. Technology system contractor licenses expire August 1 of 
62.17 	each even-numbered year after issuance or renewal. Journeyman, installer, power limited 
62.18 	technician, and special electrician licenses expire two years from the date of original 
62.19 	issuance and every two years thereafter.
62.20 	(b) Fees, as set by the board, shall be payable for application and examination, and 
62.21 	for the original issuance and each subsequent renewal of the following, are:
62.22 	(1) For each personal license application and examination: $35;
62.23 	Class A Master.
62.24 	Class B Master.
62.25 	Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or 
62.26 	Special Electrician.
62.27 	(2) For original issuance of original license and each subsequent renewal of:
62.28 	Class A master. or master special electrician, including master elevator constructor: 
62.29 	$40 per year;
62.30 	Class B master.: $25 per year;
62.31 	Power limited technician.: $15 per year;
62.32 	Class A journeyman, Class B journeyman, installer, or special electrician. other than 
62.33 	master special electrician: $15 per year;
62.34 	Electrical contractor: $100 per year.
62.35 	Technology Systems Contractor.
63.1 	(c) If any new license is issued in accordance with this subdivision for less than two 
63.2 	years, the fee for the license shall be prorated on an annual basis. 
63.3 	(d) A license fee may not be refunded after a license is issued or renewed. However, 
63.4 	if the fee paid for a license was not prorated in accordance with this subdivision, the 
63.5 	amount of the overpayment shall be refunded.
63.6 	(e) Any contractor who seeks reissuance of a license after it has been revoked or 
63.7 	suspended under this chapter shall submit a reissuance fee of $100 before the license is 
63.8 	reinstated.
63.9 	(f) The fee for the issuance of each duplicate license is $15.
63.10 	(3) (g) An individual or contractor who fails to renew a license before 30 days after 
63.11 	the expiration of the license must submit a late fee equal to one year's license fee in 
63.12 	addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual 
63.13 	or contractor that fails to renew a license by the expiration date is unlicensed until the 
63.14 	license is renewed.
63.15 		Subd. 8a.Continuing education. (a) As used in this subdivision, the term "renewal 
63.16 	period" means the time period of two years beginning on the date that the license is 
63.17 	originally issued or renewed and ending on the date that the license is scheduled to expire. 
63.18 	If any license is issued for less than two years, the period between the issuance date and 
63.19 	the expiration date is not a renewal period.
63.20 	(b) During each renewal period, individuals licensed under this chapter other than 
63.21 	power limited technicians must earn 16 hours of continuing education credit approved by 
63.22 	the commissioner. During each renewal period, licensed power limited technicians must 
63.23 	earn eight hours of continuing education credit approved by the commissioner.
63.24 	(c) With a renewal application, a licensed electrician shall submit to the 
63.25 	commissioner a list of continuing education hours earned during the renewal period, 
63.26 	including dates, subjects, hours attended, sponsoring organizations, and course approval 
63.27 	numbers. Each licensed electrician shall maintain a file in which records of courses are 
63.28 	kept, including dates, subjects, duration of programs, sponsoring organizations, continuing 
63.29 	education hours earned, registration receipts where appropriate, certificates of completion 
63.30 	received from sponsoring organizations, and other pertinent documentation, for a period of 
63.31 	two years after submission to the commissioner. The commissioner may require a licensed 
63.32 	electrician to produce this information in order for the commissioner to verify information 
63.33 	in a renewal application, to conduct a random audit, or to investigate a complaint alleging 
63.34 	noncompliance on the part of the licensee.
63.35 	(d) If the commissioner rejects continuing education hours reported by a licensee 
63.36 	in an amount sufficient to reduce the number of nonrejected continuing education hours 
64.1 	below the required minimum number, the commissioner must notify the licensee in writing 
64.2 	of the commissioner's rejection of the hours. The licensee has 60 days after notification to 
64.3 	substantiate the validity of the rejected hours or to earn other qualifying hours to meet the 
64.4 	minimum requirement. The commissioner's rejection of any continuing education hours 
64.5 	submitted during this 60-day cure period does not extend or expand the cure period. If the 
64.6 	commissioner does not reinstate a sufficient number of the rejected continuing education 
64.7 	hours to meet the required minimum number of continuing education hours, or the licensee 
64.8 	or certificate holder does not complete or substantiate that the individual has completed 
64.9 	other qualifying continuing education hours to meet the required minimum number of 
64.10 	continuing education hours within the specified period of time, the commissioner shall 
64.11 	suspend or deny the individual's license under section 326B.082. Continuing education 
64.12 	hours applied to current renewal may not be applied to the requirements for a subsequent 
64.13 	renewal period.
64.14 	(e) If a licensed electrician knowingly submits to the commissioner a false report 
64.15 	of continuing education hours, the commissioner shall revoke the license under section 
64.16 	326B.082.
64.17 		Subd. 9.Denial, suspension, and revocation of licenses. The board may by order 
64.18 	deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board 
64.19 	finds (1) in its discretion that the order is in the public interest and (2) that, based upon a 
64.20 	preponderance of the evidence presented, the applicant or licensee:
64.21 	(a) has filed an application for a license which is incomplete in any material respect 
64.22 	or contains any statement which, in light of the circumstances under which it is made, is 
64.23 	false or misleading with respect to any material fact;
64.24 	(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
64.25 	(c) has been convicted within the past five years of a misdemeanor involving a 
64.26 	violation of sections  326.241 to  326.248; 
64.27 	(d) has violated or failed to comply with sections  326.241 to  326.248 or any rule or 
64.28 	order adopted or issued under these sections; or 
64.29 	(e) has, in the conduct of the applicant's or licensee's affairs, including, but 
64.30 	not limited to, the performance of electrical work, been shown to be incompetent or 
64.31 	untrustworthy.
64.32 	If a licensee engages in conduct that is proven by a preponderance of the evidence to 
64.33 	be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a 
64.34 	violation of this subdivision. The board may take action under this subdivision or any 
64.35 	other law authorizing action against a licensee regardless of whether the underlying 
64.36 	conduct was willful.
65.1 	The board may adopt rules further specifying and defining actions, conduct, and 
65.2 	omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and 
65.3 	establishing standards of conduct for applicants and licensees.
65.4 		Subd. 9a.Civil penalties. Whenever a preponderance of the evidence presented 
65.5 	proves that a person has violated or failed to comply with sections  326.241 to  326.248 or 
65.6 	any rule or order adopted or issued under these sections, the board may impose a civil 
65.7 	penalty upon the person in an amount not to exceed $10,000 per violation. 
65.8 		Subd. 9b.Orders for hearing. The complaint committee may, on behalf of the 
65.9 	board, issue an order requiring a licensee or an applicant for a license to appear at a 
65.10 	hearing on the issue of whether the license should be revoked or suspended, the licensee 
65.11 	censured, the application denied, or a civil penalty imposed. The order shall be calculated 
65.12 	to give reasonable notice of the time and place for hearing, and shall state the reasons for 
65.13 	the entry of the order. All hearings shall be conducted in accordance with chapter 14. 
65.14 	After the hearing, the board shall enter an order making a disposition of the matter as the 
65.15 	facts require. If the licensee or applicant fails to appear at a hearing of which that person 
65.16 	has been duly notified, the person is in default and the proceeding may be determined 
65.17 	against that person upon consideration of the order for hearing, the allegations of which 
65.18 	may be deemed to be true.
65.19 		Subd. 9c.Temporary suspension. (a) The complaint committee may, on 
65.20 	behalf of the board and in the public interest, temporarily suspend a license pending 
65.21 	final determination of an order for hearing. The complaint committee shall not issue 
65.22 	a temporary suspension order until an investigation of the facts has been conducted 
65.23 	pursuant to section  214.10 by the attorney general. The complaint committee shall issue a 
65.24 	temporary suspension order only when the safety of life or property is threatened or to 
65.25 	prevent the commission of fraudulent, deceptive, or dishonest acts against the public. 
65.26 	Service of the temporary suspension order is effective if the order is served on the licensee 
65.27 	or counsel of record personally or by first class mail to the most recent address provided to 
65.28 	the board for the licensee or the counsel of record. 
65.29 	(b) If a license is suspended pending final determination of an order for hearing, a 
65.30 	hearing on the merits shall be held within 45 days of the issuance of the order of temporary 
65.31 	suspension. The administrative law judge shall issue a report within 30 days after closing 
65.32 	of the contested case hearing record. The board shall issue a final order within 30 days 
65.33 	after receipt of that report and any exceptions.
65.34 	(c) If the licensee requests a hearing in writing within ten days of service of the 
65.35 	order, the board shall hold a hearing before its own members on the sole issue of whether 
65.36 	there is a reasonable basis to continue, modify, or vacate the temporary suspension. The 
66.1 	board shall hold the hearing within five working days of the licensee's request for hearing. 
66.2 	Evidence presented by the complaint committee or licensee shall be in affidavit form only. 
66.3 	The licensee or counsel of record for the licensee may appear for oral argument. Within 
66.4 	five working days after the hearing, the board shall issue its order either continuing or 
66.5 	vacating the temporary suspension.
66.6 		Subd. 9d.Cease and desist order. (a) Whenever it appears to the complaint 
66.7 	committee that any person has engaged or is about to engage in any act or practice 
66.8 	constituting a violation of sections  326.241 to  326.248, any other law authorizing the 
66.9 	issuance of a cease and desist order, or any rule or order adopted or issued under these 
66.10 	sections, the complaint committee may, on behalf of the board, issue and cause to be 
66.11 	served upon the person an order requiring the person to cease and desist from violating 
66.12 	sections  326.241 to  326.248 or any rule or order adopted or issued under these sections. 
66.13 	The complaint committee shall not issue a cease and desist order until an investigation of 
66.14 	the facts has been conducted pursuant to section  214.10 by the attorney general. The order 
66.15 	shall be calculated to give reasonable notice of the right of the person to request a hearing 
66.16 	and shall state the reasons for the entry of the order. If no hearing is requested of the board 
66.17 	within 15 days of service of the order, the order shall become final and shall remain in 
66.18 	effect until it is modified or vacated by the board and shall not be reviewable by a court. 
66.19 	(b) A hearing shall be held not later than 30 days from the date of the board's receipt 
66.20 	of a written hearing request, unless otherwise agreed by the person requesting the hearing 
66.21 	and the complaint committee. Within 30 days of receipt of the administrative law judge's 
66.22 	report and any exceptions, the board shall issue a final order modifying, vacating, or 
66.23 	making permanent the cease and desist order as the facts require. The final order remains 
66.24 	in effect until modified or vacated by the board.
66.25 		Subd. 9e.Costs of proceeding. The board may impose a fee to reimburse the 
66.26 	board for all or part of the cost of the proceedings resulting in disciplinary action or 
66.27 	the imposition of civil penalties or the issuance of a cease and desist order. Such fees 
66.28 	include, but are not limited to, the amount paid by the board for services from the office of 
66.29 	administrative hearings, attorney fees, court reporters, witnesses, reproduction of records, 
66.30 	board members' per diem compensation, board staff time, and expense incurred by board 
66.31 	members and staff.
66.32 		Subd. 9f.District court action; injunctive relief and civil penalties. (a) Whenever 
66.33 	it appears to the board, or the complaint committee if authorized by the board, that any 
66.34 	person has engaged or is about to engage in any act or practice constituting a violation of 
66.35 	sections  326.241 to  326.248 or any rule or order adopted or issued under these sections, 
66.36 	the board, or the complaint committee if authorized by the board, may bring an action 
67.1 	in the name of the board in the Ramsey County District Court or the district court of 
67.2 	any other county in which venue is proper. 
67.3 	(b) The action may be brought to enjoin the acts or practices and to enforce 
67.4 	compliance with sections  326.241 to  326.248, any other law authorizing a civil or 
67.5 	injunctive action, or any rule or order adopted or issued under these sections and for a civil 
67.6 	penalty not to exceed $10,000 for each separate violation of sections  326.241 to  326.248, 
67.7 	any other law authorizing a civil or injunctive action, or any rule or order adopted or 
67.8 	issued under these sections. 
67.9 	(c) A temporary restraining order and other temporary injunctive relief shall be 
67.10 	granted in the proceeding whenever it appears that any person has engaged in or is about 
67.11 	to engage in any act, conduct, or practice constituting violation of sections  326.241 to  
67.12 	326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted 
67.13 	or issued under these sections. The board shall not be required to show irreparable harm. 
67.14 		Subd. 9g.Other remedies. The issuance of a cease and desist order or injunctive 
67.15 	relief under this section does not relieve a person from criminal prosecution by any 
67.16 	competent authority or from disciplinary action by the board and does not prevent the 
67.17 	board from exercising any other authority granted to it.
67.18 		Subd. 9h.Powers additional. The powers contained in subdivisions 9 to 9g are in 
67.19 	addition to all other powers of the board.
67.20 		Subd. 9i.Cooperation required. A person who is the subject of an investigation, 
67.21 	or who is questioned in connection with an investigation, by or on behalf of the board 
67.22 	or its complaint committee shall cooperate fully with the investigation. Cooperation 
67.23 	includes, but is not limited to:
67.24 	(1) responding fully and promptly to questions raised by or on behalf of the board or 
67.25 	its complaint committee relating to the subject of the investigation;
67.26 	(2) providing copies of records in the person's possession related to the matter under 
67.27 	investigation as requested by the board, its complaint committee, or the attorney general 
67.28 	within the time limit set by the board, its complaint committee, or the attorney general;
67.29 	(3) assisting the board, its complaint committee, or the attorney general in its 
67.30 	investigation; and
67.31 	(4) appearing at conferences or hearings scheduled by the board or its complaint 
67.32 	committee.
67.33 		Subd. 9j.Disciplinary proceedings closed. Proceedings held before the board or 
67.34 	its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the 
67.35 	requirements of section  13D.01. 
68.1 		Subd. 9k.Conflicts of law. If there is a conflict between sections  326.241 to  
68.2 	326.248 and chapter 214, sections  326.241 to  326.248 shall control. 
68.3 		Subd. 10.Continuation of business by estates. Upon the death of a master who is 
68.4 	a contractor, the board may permit the decedent's representative to carry on the business 
68.5 	of the decedent for a period not in excess of six months, for the purpose of completing 
68.6 	work under contract or otherwise to comply with sections  326.241 to  326.248. The 
68.7 	representative shall give such bond as the board may require conditioned upon the faithful 
68.8 	and lawful performance of such work and such bond shall be for the benefit of persons 
68.9 	injured or suffering financial loss by reason of failure of such performance. Such bond 
68.10 	shall be written by a corporate surety licensed to do business in the state of Minnesota. 
68.11 	Such representative shall also comply with all public liability and property damage 
68.12 	insurance requirements imposed by this chapter upon a licensed contractor. 
68.13 		Subd. 11.Reciprocity Comity. To the extent that any other state which provides 
68.14 	for the licensing of electricians provides for similar action the board may grant licenses, 
68.15 	without examination, of the same grade and class to an electrician who has been licensed 
68.16 	by such other state for at least one year, upon payment by the applicant of the required 
68.17 	fee and upon the board being furnished with proof that the required fee and upon the 
68.18 	board being furnished with proof that the qualifications of the applicant are equal to the 
68.19 	qualifications of holders of similar licenses in Minnesota. If the commissioner has entered 
68.20 	into an agreement with another state or group of states, the commissioner may issue 
68.21 	a personal license without requiring the applicant to pass an examination. To receive a 
68.22 	personal license under this subdivision, the applicant must submit an application under 
68.23 	section 326B.33, pay the fee required under section 326B.33, and hold a comparable 
68.24 	license in a state participating in the agreement. Agreements are subject to the following:
68.25 	(1) The parties to the agreement must administer a statewide licensing program that 
68.26 	includes examination and qualifying experience or training.
68.27 	(2) The experience or training requirement under which an individual applicant 
68.28 	qualified for examination in the qualifying state must be deemed equal to or greater than 
68.29 	required for an applicant making application in Minnesota at the time the applicant 
68.30 	acquired the license in the qualifying state.
68.31 	(3) The applicant must have acquired the license in the qualifying state through an 
68.32 	examination deemed equivalent to the same class of license examination in Minnesota. 
68.33 	A lesser class of license may be granted where the applicant has acquired a greater 
68.34 	class of license in the qualifying state and the applicant otherwise meets the conditions 
68.35 	of this subdivision.
69.1 	(4) At the time of application, the applicant must hold a valid license in the 
69.2 	qualifying state and have held the license continuously for at least one year before making 
69.3 	application in Minnesota.
69.4 	(5) An applicant is not eligible for a license under this subdivision if the applicant 
69.5 	has failed the same or greater class of license examination in Minnesota, or if the 
69.6 	applicant's Minnesota license of the same or greater class has been revoked or suspended.
69.7 	(6) An applicant who has failed to renew a personal license for two years or more 
69.8 	after its expiration is not eligible for a license under this subdivision.
69.9 		Subd. 12.Exemptions from licensing. (a) An individual who is a maintenance 
69.10 	electrician who is supervised by the responsible master electrician for a contractor who 
69.11 	has contracted with the maintenance electrician's employer to provide services for which 
69.12 	a contractor's license is required or by a master electrician or an electrical engineer 
69.13 	registered with the board and who is an employee of an employer and is engaged in the 
69.14 	maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased 
69.15 	by the employer, and performed within the limits of property which is owned or leased 
69.16 	and operated and maintained by said employer, shall is not be required to hold or obtain a 
69.17 	license under sections  326.241 to  326.248. 326B.31 to 326B.399 if:
69.18 	(1) the individual is engaged in the maintenance and repair of electrical equipment, 
69.19 	apparatus, and facilities that are owned or leased by the individual's employer and that are 
69.20 	located within the limits of property operated, maintained, and either owned or leased by 
69.21 	the individual's employer;
69.22 	(2) the individual is supervised by:
69.23 	(i) the responsible master electrician for a contractor who has contracted with the 
69.24 	individual's employer to provide services for which a contractor's license is required; or
69.25 	(ii) a licensed master electrician, a licensed maintenance electrician, an electrical 
69.26 	engineer, or, if the maintenance and repair work is limited to technology circuit and system 
69.27 	work, a licensed power limited technician; and
69.28 	(3) the individual's employer has filed with the commissioner a certificate of 
69.29 	responsible person, signed by the responsible master electrician of the contractor, the 
69.30 	licensed master electrician, the licensed maintenance electrician, the electrical engineer, or 
69.31 	the licensed power limited technician, and stating that the person signing the certificate 
69.32 	is responsible for ensuring that the maintenance and repair work performed by the 
69.33 	employer's employees complies with the Minnesota Electrical Act and the rules adopted 
69.34 	under that act.
69.35 	(b) Employees of a licensed electrical or technology systems contractor or other 
69.36 	employer where provided with supervision by a master electrician in accordance with 
70.1 	subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph 
70.2 	(a), clause (1), are not required to hold a license under sections  326.241 to  326.248
70.3 	326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of 
70.4 	technology circuits or systems except planning, laying out, or installing: 
70.5 	(1) in other than residential dwellings, class 2 or class 3 remote control circuits that 
70.6 	control circuits or systems other than class 2 or class 3, except circuits that interconnect 
70.7 	these systems through communication, alarm, and security systems are exempted from 
70.8 	this paragraph;
70.9 	(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 
70.10 	physically unprotected circuits other than class 2 or class 3; or
70.11 	(3) technology circuits and systems in hazardous classified locations as covered by 
70.12 	chapter 5 of the National Electrical Code.
70.13 	(c) Companies and their employees that plan, lay out, install, alter, or repair class 
70.14 	2 and class 3 remote control wiring associated with plug or cord and plug connected 
70.15 	appliances other than security or fire alarm systems installed in a residential dwelling are 
70.16 	not required to hold a license under sections  326.241 to  326.248 326B.31 to 326B.399. 
70.17 	(d) Heating, ventilating, air conditioning, and refrigeration contractors and their 
70.18 	employees are not required to hold or obtain a license under sections  326.241 to 
70.19 	326.248 326B.31 to 326B.399 when performing heating, ventilating, air conditioning, or 
70.20 	refrigeration work as described in section  326.245. 
70.21 	(e) Employees of any electric electrical, communications, or railway utility, cable 
70.22 	communications company as defined in section  238.02, or a telephone company as defined 
70.23 	under section  237.01 or its employees, or of any independent contractor performing work 
70.24 	on behalf of any such utility, cable communications company, or telephone company, shall 
70.25 	not be required to hold a license under sections  326.241 to  326.248 326B.31 to 326B.399: 
70.26 	(1) while performing work on installations, materials, or equipment which are owned 
70.27 	or leased, and operated and maintained by such utility, cable communications company, or 
70.28 	telephone company in the exercise of its utility, antenna, or telephone function, and which
70.29 	(i) are used exclusively for the generation, transformation, distribution, transmission, 
70.30 	or metering of electric current, or the operation of railway signals, or the transmission 
70.31 	of intelligence and do not have as a principal function the consumption or use of electric 
70.32 	current or provided service by or for the benefit of any person other than such utility, cable 
70.33 	communications company, or telephone company, and
70.34 	(ii) are generally accessible only to employees of such utility, cable communications 
70.35 	company, or telephone company or persons acting under its control or direction, and
71.1 	(iii) are not on the load side of the service point or point of entrance for 
71.2 	communication systems;
71.3 	(2) while performing work on installations, materials, or equipment which are a part 
71.4 	of the street lighting operations of such utility; or
71.5 	(3) while installing or performing work on outdoor area lights which are directly 
71.6 	connected to a utility's distribution system and located upon the utility's distribution 
71.7 	poles, and which are generally accessible only to employees of such utility or persons 
71.8 	acting under its control or direction.
71.9 	(f) An owner shall not be required to hold or obtain a license under sections  326.241
71.10 	to  326.248 326B.31 to 326B.399. 

71.11 	Sec. 16. Minnesota Statutes 2004, section 326.243, is amended to read:
71.12 	326.243 SAFETY STANDARDS.
71.13 	All electrical wiring, apparatus and equipment for electric electrical light, heat and 
71.14 	power, technology circuits or systems shall comply with the rules of the department of 
71.15 	Commerce or the Department of Labor and Industry, as applicable, and be installed in 
71.16 	conformity with accepted standards of construction for safety to life and property. For the 
71.17 	purposes of this chapter, the rules and safety standards stated at the time the work is done 
71.18 	in the then most recently published edition of the National Electrical Code as adopted by 
71.19 	the National Fire Protection Association, Inc. and approved by the American National 
71.20 	Standards Institute, and the National Electrical Safety Code as published by the Institute 
71.21 	of Electrical and Electronics Engineers, Inc. and approved by the American National 
71.22 	Standards Institute, shall be prima facie evidence of accepted standards of construction 
71.23 	for safety to life and property; provided further, that in the event a Minnesota Building 
71.24 	Code is formulated pursuant to section  16B.61, containing approved methods of electrical 
71.25 	construction for safety to life and property, compliance with said methods of electrical 
71.26 	construction of said Minnesota Building Code shall also constitute compliance with this 
71.27 	section, and provided further, that nothing herein contained shall prohibit any political 
71.28 	subdivision from making and enforcing more stringent requirements than set forth herein 
71.29 	and such requirements shall be complied with by all licensed electricians working within 
71.30 	the jurisdiction of such political subdivisions. 

71.31 	Sec. 17. Minnesota Statutes 2004, section 326.244, subdivision 1, is amended to read:
71.32 		Subdivision 1.Required inspection. Except where any political subdivision has by 
71.33 	ordinance provided for electrical inspection similar to that herein provided, every new 
71.34 	electrical installation in any construction, remodeling, replacement, or repair, except minor 
72.1 	repair work as the same is defined by the board commissioner by rule, shall be inspected 
72.2 	by the board commissioner for compliance with accepted standards of construction for 
72.3 	safety to life and property.

72.4 	Sec. 18. Minnesota Statutes 2004, section 326.244, is amended by adding a subdivision 
72.5 	to read:
72.6 		Subd. 1b.Licenses; bond. All inspectors shall hold licenses as master or 
72.7 	journeyman electricians under this chapter, and shall give bond in the amount of $1,000, 
72.8 	conditioned upon the faithful performance of their duties.

72.9 	Sec. 19. Minnesota Statutes 2004, section 326.244, subdivision 2, is amended to read:
72.10 		Subd. 2.Procedure. (a) At or before commencement of any installation required 
72.11 	to be inspected by the board commissioner, the contractor, installer, special electrician, 
72.12 	or owner making the installation shall submit to the board commissioner a request 
72.13 	for inspection, in a form prescribed by the board commissioner, together with the fees 
72.14 	required for the installation.
72.15 	(b) The fees required are a handling fee and an inspection fee. The handling fee 
72.16 	shall be set by the board commissioner in an amount sufficient to pay the cost of printing 
72.17 	and handling the form requesting an inspection. The inspection fee shall be set by the 
72.18 	board commissioner in an amount sufficient to pay the actual costs of the inspection 
72.19 	and the board's commissioner's costs in administering the inspection. All fees shall be 
72.20 	set pursuant to the procedure of sections  14.001 to  14.69. 
72.21 	(c) If the inspector finds that the installation is not in compliance with accepted 
72.22 	standards of construction for safety to life and property as required by section  326.243, the 
72.23 	inspector shall by written order condemn the installation or noncomplying portion thereof, 
72.24 	or order service to the installation disconnected, and shall send a copy of the order to 
72.25 	the board commissioner. If the installation or the noncomplying part will seriously and 
72.26 	proximately endanger human life and property, the order of the inspector, when approved 
72.27 	by the inspector's superior, shall require immediate condemnation or disconnection. In 
72.28 	all other cases, the order of the inspector shall permit a reasonable opportunity for the 
72.29 	installation to be brought into compliance with accepted standards of construction for 
72.30 	safety to life and property prior to the effective time established for condemnation or 
72.31 	disconnection. 
72.32 	(d) Copies of each condemnation or disconnection order shall be served personally 
72.33 	or by mail upon the property owner, and the contractor, installer, or special electrician 
72.34 	making the installation, and other persons as the board commissioner by rule may direct. 
73.1 	An aggrieved party may appeal any condemnation or disconnection order by filing with the 
73.2 	board commissioner a notice of appeal within ten days after (1) service upon the aggrieved 
73.3 	party of the condemnation or disconnection order, if this service is required, or (2) filing 
73.4 	of the order with the board commissioner, whichever is later. The appeal shall proceed 
73.5 	and the order of the inspector shall have the effect the order, by its terms, and the rules of 
73.6 	the board commissioner provides. The board commissioner shall adopt rules providing 
73.7 	procedures for the conduct of appeals, including provisions for the stay of enforcement of 
73.8 	the order of the inspector pending such appeal when justified by the circumstances.

73.9 	Sec. 20. Minnesota Statutes 2004, section 326.244, subdivision 3, is amended to read:
73.10 		Subd. 3.Duty of electrical utility. No electrical installation subject to inspection 
73.11 	by the board commissioner shall be newly connected or reconnected for use until there 
73.12 	is filed with the electrical utility supplying power a certificate of the property owner or 
73.13 	licensed electrician, directing the work that inspection has been requested and that the 
73.14 	conditions of the installation are safe for energization, provided further, that in all cases 
73.15 	where an order of condemnation or disconnection has been issued against the installation 
73.16 	or any part thereof, prior to connection or reconnection there shall also first be filed with 
73.17 	the electrical utility supplying the power a copy of an order of the inspector or the board
73.18 	commissioner dismissing such prior order of condemnation or disconnection or approving 
73.19 	the installation as being in compliance with accepted standards of construction for safety 
73.20 	to life and property. With respect to transient projects, the aforesaid certificate shall also 
73.21 	contain a certification that the request for inspection has been or will be filed with the 
73.22 	board commissioner so as to be received by it at least five days prior to the date and time 
73.23 	energization of the installation by the utility is to occur, and that the request for inspection 
73.24 	states such date and time, and it shall be the responsibility of the board commissioner
73.25 	to have inspection of such transient project occur prior to the date and time at which 
73.26 	the request states energization is to occur.

73.27 	Sec. 21. Minnesota Statutes 2004, section 326.244, subdivision 4, is amended to read:
73.28 		Subd. 4.Powers of political subdivisions. Any political subdivision or the 
73.29 	University of Minnesota may make provision for inspection of electrical installations 
73.30 	within its jurisdiction, in which case it shall keep on file with the board commissioner
73.31 	copies of its current inspection ordinances and codes. No political subdivision or the 
73.32 	University of Minnesota shall require any individual, partnership, corporation or other 
73.33 	business association holding a license from the board commissioner under sections  
73.34 	326.241 to  326.248 326B.31 to 326B.399 to pay any license or registration fee, provided 
74.1 	however, that any such political subdivision or the University of Minnesota may provide 
74.2 	by ordinance a requirement that each individual, partnership, corporation or other business 
74.3 	association doing electrical work within the jurisdiction of such political subdivision or 
74.4 	the University of Minnesota have on file with said political subdivision a copy of the 
74.5 	current license issued by the board commissioner or such other evidence of such license as 
74.6 	may be provided by the board commissioner. 
74.7 	Each electrical inspector of any political subdivision or the University of Minnesota 
74.8 	shall be a licensed master or journeyman electrician under section  326.242, subdivision 
74.9 	1, paragraph (1), or 2, paragraph (b), and shall not otherwise engage or be employed in 
74.10 	the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for 
74.11 	light, heat, power, and other purposes and shall have no financial interest in any concern 
74.12 	engaged in any such business. 

74.13 	Sec. 22. Minnesota Statutes 2004, section 326.244, subdivision 5, is amended to read:
74.14 		Subd. 5.Exemptions from inspections. Installations, materials, or equipment shall 
74.15 	not be subject to inspection under sections  326.241 to  326.248 326B.31 to 326B.399: 
74.16 	(1) when owned or leased, operated and maintained by any employer whose 
74.17 	maintenance electricians are exempt from licensing under sections  326.241 to  326.248
74.18 	326B.31 to 326B.399, while performing electrical maintenance work only as defined by 
74.19 	board Department of Labor and Industry rule; 
74.20 	(2) when owned or leased, and operated and maintained by any electric electrical, 
74.21 	communications, or railway utility, cable communications company as defined in section  
74.22 	238.02, or telephone company as defined under section  237.01, in the exercise of its 
74.23 	utility, antenna, or telephone function; and 
74.24 	(i) are used exclusively for the generations, transformation, distribution, 
74.25 	transmission, or metering of electric current, or the operation of railway signals, or the 
74.26 	transmission of intelligence, and do not have as a principal function the consumption or 
74.27 	use of electric current by or for the benefit of any person other than such utility, cable 
74.28 	communications company, or telephone company; and
74.29 	(ii) are generally accessible only to employees of such utility, cable communications 
74.30 	company, or telephone company or persons acting under its control or direction; and
74.31 	(iii) are not on the load side of the service point or point of entrance for 
74.32 	communication systems;
74.33 	(3) when used in the street lighting operations of an electric electrical utility;
74.34 	(4) when used as outdoor area lights which are owned and operated by an electric
74.35 	electrical utility and which are connected directly to its distribution system and located 
75.1 	upon the utility's distribution poles, and which are generally accessible only to employees 
75.2 	of such utility or persons acting under its control or direction;
75.3 	(5) when the installation, material, and equipment are in facilities subject to the 
75.4 	jurisdiction of the federal Mine Safety and Health Act; or
75.5 	(6) when the installation, material, and equipment is part of an elevator installation 
75.6 	for which the elevator contractor, licensed under section  326.242, is required to obtain 
75.7 	a permit from the authority having jurisdiction as provided by section  16B.747, and 
75.8 	the inspection has been or will be performed by an elevator inspector certified by the 
75.9 	Department of Administration and licensed by the Board of Electricity department. 
75.10 	This exemption shall apply only to installations, material, and equipment permitted 
75.11 	or required to be connected on the load side of the disconnecting means required for 
75.12 	elevator equipment under National Electric Electrical Code Article 620, and elevator 
75.13 	communications and alarm systems within the machine room, car, hoistway, or elevator 
75.14 	lobby. 

75.15 	Sec. 23. Minnesota Statutes 2004, section 326.2441, subdivision 2, is amended to read:
75.16 		Subd. 2.Fee for each separate inspection. The minimum fee for each separate 
75.17 	inspection of an installation, replacement, alteration, or repair is $20. Except as otherwise 
75.18 	provided in this section, the maximum number of separate inspections shall be calculated 
75.19 	as follows: the total fee calculated according to subdivisions 3 to 13 shall be divided by 
75.20 	20, and any remainder shall be ignored. Where any additional inspections are necessary, 
75.21 	the fee for each separate additional inspection shall be $20.

75.22 	Sec. 24. Minnesota Statutes 2004, section 326.2441, subdivision 7, is amended to read:
75.23 		Subd. 7.Investigation fees: work without a request for electrical inspection.
 75.24 	(a) Whenever any work for which a request for electrical inspection is required by the 
75.25 	board commissioner has begun without the request for electrical inspection form being 
75.26 	filed with the board commissioner, a special investigation shall be made before a request 
75.27 	for electrical inspection form is accepted by the board commissioner.
75.28 	(b) An investigation fee, in addition to the full fee required by subdivisions 1 to 6, 
75.29 	shall be paid before an inspection is made. The investigation fee is two times the hourly 
75.30 	rate specified in subdivision 10 or the inspection fee required by subdivisions 1 to 6, 
75.31 	whichever is greater, not to exceed $1,000. The payment of the investigation fee does not 
75.32 	exempt any person from compliance with all other provisions of the board Department of 
75.33 	Labor and Industry rules or statutes nor from any penalty prescribed by law.

76.1 	Sec. 25. Minnesota Statutes 2004, section 326.2441, subdivision 8, is amended to read:
76.2 		Subd. 8.Reinspection fee. When reinspection is necessary to determine whether 
76.3 	unsafe conditions have been corrected and the conditions are not the subject of an appeal 
76.4 	pending before the board commissioner or any court, a reinspection fee of $20 may be 
76.5 	assessed in writing by the inspector.

76.6 	Sec. 26. Minnesota Statutes 2004, section 326.2441, subdivision 10, is amended to 
76.7 	read:
76.8 		Subd. 10.Special inspection. For inspections not covered in this section, or for 
76.9 	requested special inspections or services, the fee shall be $30 per hour, including travel 
76.10 	time, plus 31 cents per mile traveled, plus the reasonable cost of equipment or material 
76.11 	consumed. This provision is applicable to inspection of empty conduits and other jobs 
76.12 	as may be determined by the board commissioner. This fee may also be assessed when 
76.13 	installations are not accessible by roadway and require alternate forms of transportation.

76.14 	Sec. 27. Minnesota Statutes 2004, section 326.2441, subdivision 11, is amended to 
76.15 	read:
76.16 		Subd. 11.Inspection of transitory projects. (a) For inspection of transitory 
76.17 	projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production 
76.18 	sites, and portable road construction plants, the inspection procedures and fees are as 
76.19 	specified in paragraphs (b) to (i).
76.20 	(b) The fee for inspection of each generator or other source of supply is that specified 
76.21 	in subdivision 3. A like fee is required at each engagement or setup.
76.22 	(c) In addition to the fee for generators or other sources of supply, there must be an 
76.23 	inspection of all installed feeders, circuits, and equipment at each engagement or setup at 
76.24 	the hourly rate specified in subdivision 10, with a two-hour minimum.
76.25 	(d) An owner, operator, or appointed representative of a transitory enterprise 
76.26 	including, but not limited to, festivals, fairs, carnivals, circuses, production companies, 
76.27 	shows, portable road construction plants, and similar enterprises shall notify the board
76.28 	commissioner of its itinerary or schedule and make application for initial inspection a 
76.29 	minimum of 14 days before its first engagement or setup. An owner, operator, or appointed 
76.30 	representative of a transitory enterprise who fails to notify the board commissioner 14 
76.31 	days before its first engagement or setup may be subject to the investigation fees specified 
76.32 	in subdivision 7. The owner, operator, or appointed representative shall request inspection 
76.33 	and pay the inspection fee for each subsequent engagement or setup at the time of the initial 
76.34 	inspection. For subsequent engagements or setups not listed on the itinerary or schedule 
77.1 	submitted to the board commissioner and where the board commissioner is not notified at 
77.2 	least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
77.3 	(e) Amusement rides, devices, concessions, attractions, or other units must be 
77.4 	inspected at their first appearance of the year. The inspection fee is $20 per unit with a 
77.5 	supply of up to 60 amperes and $30 per unit with a supply above 60 amperes.
77.6 	(f) An additional fee at the hourly rate specified in subdivision 10 must be charged 
77.7 	for additional time spent by each inspector if equipment is not ready or available for 
77.8 	inspection at the time and date specified on the application for initial inspection or the 
77.9 	request for electrical inspection form.
77.10 	(g) In addition to the fees specified in paragraphs (a) and (b), a fee of two hours at 
77.11 	the hourly rate specified in subdivision 10 must be charged for inspections required to be 
77.12 	performed on Saturdays, Sundays, holidays, or after regular business hours.
77.13 	(h) The fee for reinspection of corrections or supplemental inspections where an 
77.14 	additional trip is necessary may be assessed as specified in subdivision 8.
77.15 	(i) The board commissioner may retain the inspection fee when an owner, operator, 
77.16 	or appointed representative of a transitory enterprise fails to notify the board commissioner
77.17 	at least 48 hours in advance of a scheduled inspection that is canceled.

77.18 	Sec. 28. Minnesota Statutes 2004, section 326.245, is amended to read:
77.19 	326.245 MANUFACTURING, INSTALLATION, ALTERATION, OR REPAIR 
77.20 	OF ELECTRICAL APPARATUS; EXEMPT.
77.21 		Subdivision 1.Manufacturers. Electrical components, apparatus, or appliances 
77.22 	being manufactured within the limits of property which is owned or leased by a 
77.23 	manufacturer and such manufacturer's production employees are not covered by sections 
77.24 	326.241 to  326.248 326B.31 to 326B.399. 
77.25 		Subd. 2.Electrical appliance units. Installation, alteration, or repair of electrical 
77.26 	appliance units are not covered by sections  326.241 to  326.248 326B.31 to 326B.399. For 
77.27 	the purposes of this section, "electrical appliance units" means all electrical and fossil 
77.28 	fuel appliances that use electricity including, but not limited to, furnaces, water heaters, 
77.29 	stoves, clothes washers, dryers, and dishwashers. The installation of electrical wiring to an 
77.30 	electrical appliance unit is covered by sections  326.241 to  326.248 326B.31 to 326B.399. 
77.31 		Subd. 3.Other units. Planning, laying out, and installation of heating, ventilating, 
77.32 	air conditioning, or refrigeration units are not covered by sections 326.241 to  326.248
77.33 	326B.31 to 326B.399. For purposes of this section, heating, ventilating, air conditioning, 
77.34 	or refrigeration units include, but are not limited to, air conditioning units, air conditioning 
77.35 	evaporators, air conditioning condensers, air conditioning and refrigeration chillers, 
78.1 	boilers, furnaces, air handling units, rooftop units, humidifiers, ice makers, and 
78.2 	supermarket, ice arena, and bar/restaurant equipment. The installation of electrical wiring 
78.3 	to the unit is covered by sections  326.241 to  326.248 326B.31 to 326B.399. 
78.4 		Subd. 4.Other equipment. Planning, laying out, alteration, replacement, or 
78.5 	repair of heating, ventilating, air conditioning, or refrigeration equipment, and associated 
78.6 	devices, controls, and wiring including wiring in or on the equipment, are not covered 
78.7 	by sections  326.241 to  326.248 326B.31 to 326B.399 when the work is performed by an 
78.8 	employee of a heating, ventilating, air conditioning, or refrigeration contractor provided 
78.9 	that the employee performing the work has received a certificate of completion from a 
78.10 	heating, ventilating, air conditioning, or refrigeration apprenticeship program approved 
78.11 	by the state of Minnesota or any class of personal electrical license issued by the board
78.12 	commissioner. Employees registered in an approved heating, ventilating, air conditioning, 
78.13 	or refrigeration program may design, plan, alter, replace, or repair heating, ventilating, air 
78.14 	conditioning, or refrigeration equipment, devices, and controls including wiring in or on 
78.15 	the equipment, under the direction of an employee who has a certificate of completion 
78.16 	from an approved program or any class of personal electrical license issued by the board
78.17 	commissioner. The installation of electrical wiring to the unit is covered by sections  
78.18 	326.241 to  326.248 326B.31 to 326B.399. 

78.19 	Sec. 29. Minnesota Statutes 2004, section 326.247, is amended to read:
78.20 	326.247 CONTINUITY.
78.21 	Persons Individuals now members of the board advisory council shall remain
78.22 	in office on the advisory council until the expiration of the terms to which they were 
78.23 	appointed. Board rules, forms, policies and classifications of special electricians now in 
78.24 	effect, and not in conflict herewith, shall continue until lawfully modified or repealed.

78.25 	Sec. 30. Minnesota Statutes 2004, section 326.248, is amended to read:
78.26 	326.248 CITATION.
78.27 	Sections  326.241 to  326.248326B.31 to 326B.399 shall be known as the Minnesota 
78.28 	Electrical Act. 

78.29 	Sec. 31. [326B.31] DEFINITIONS.
78.30 		Subdivision 1.Scope. For purposes of sections 326B.31 to 326B.399, the terms 
78.31 	defined in this section have the meanings given them.
78.32 		Subd. 2.Advisory council. "Advisory council" means the Electrical Licensing and 
78.33 	Inspection Advisory Council authorized by section 326B.32.
79.1 		Subd. 3.Class A electrical contractor. "Class A electrical contractor" means a 
79.2 	licensed contractor whose responsible licensed individual is a licensed Class A master 
79.3 	electrician.
79.4 		Subd. 7.Class B electrical contractor. "Class B electrical contractor" means a 
79.5 	licensed contractor whose responsible licensed individual is a licensed Class B master 
79.6 	electrician.
79.7 		Subd. 11.Complaint committee. "Complaint committee" means the committee 
79.8 	of the advisory council that is described as the complaint committee in section 326B.32, 
79.9 	subdivision 1a.
79.10 		Subd. 16.Elevator constructor. "Elevator constructor" means an individual who 
79.11 	has the necessary qualifications, training, experience, and technical knowledge to wire for, 
79.12 	install, and repair electrical wiring, apparatus, and equipment for elevators and escalators 
79.13 	and who is licensed as an elevator constructor by the commissioner.
79.14 		Subd. 17.Elevator contractor. "Elevator contractor" means a licensed contractor 
79.15 	whose responsible licensed individual is a licensed master elevator constructor.
79.16 		Subd. 18.Licensed electrician. "Licensed electrician" means an individual licensed 
79.17 	by the commissioner as a master electrician, journeyman electrician, installer, or power 
79.18 	limited technician.
79.19 		Subd. 19.Lineman. "Lineman" means an individual who has the necessary 
79.20 	qualifications, training, experience, and technical knowledge to construct and maintain 
79.21 	transmission and distribution systems that are or will be owned or leased by an electrical 
79.22 	utility, and who is licensed as a lineman by the commissioner.
79.23 		Subd. 20.Maintenance electrician. "Maintenance electrician" means an individual 
79.24 	having the necessary qualifications, training, experience, and technical knowledge to 
79.25 	properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed 
79.26 	as a maintenance electrician by the commissioner, or who is exempt from licensing by 
79.27 	sections 326B.32 to 326B.399.
79.28 		Subd. 21.Master elevator constructor. "Master elevator constructor" means 
79.29 	an individual who has the necessary qualifications, training, experience, and technical 
79.30 	knowledge to properly plan, lay out, and supervise the installation of wiring, apparatus, 
79.31 	and equipment for elevators and escalators, and who is licensed as a master elevator 
79.32 	constructor by the commissioner.
79.33 		Subd. 23.Personal license. "Personal license" means any license issued by the 
79.34 	commissioner under section 326B.33 or the rules adopted under section 326B.33, except a 
79.35 	contractor's license.
80.1 		Subd. 27.Responsible licensed individual. A contractor's "responsible licensed 
80.2 	individual" means the licensed Class A master electrician, Class B master electrician, 
80.3 	master elevator constructor, or power limited technician designated in writing by the 
80.4 	contractor in the contractor's license application, or in another manner acceptable to the 
80.5 	commissioner, as the individual responsible for the contractor's compliance with sections 
80.6 	326B.31 to 326B.399 and all rules and orders adopted or issued under these sections. The 
80.7 	terms "licensed responsible individual" and "licensed responsible master electrician or 
80.8 	power limited technician" are synonymous.
80.9 		Subd. 29.Technical committee. "Technical committee" means the committee of 
80.10 	the advisory council that is described as the technical committee in section 326B.32, 
80.11 	subdivision 1a.
80.12 		Subd. 30.Technical program committee. "Technical program committee" means 
80.13 	the committee of the advisory council that is described as the technical program committee 
80.14 	in section 326B.32, subdivision 1a.
80.15 		Subd. 32.Technology system contractor. "Technology system contractor" means 
80.16 	a licensed contractor whose responsible licensed individual is a licensed power limited 
80.17 	technician.

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

80.22		Column A
	Column B
	
80.23		326.01, subd. 2
	326B.31, subd. 6
	
80.24		326.01, subd. 3
	326B.31, subd. 5
	
80.25		326.01, subd. 4
	326B.31, subd. 28
	
80.26		326.01, subd. 5
	326B.31, subd. 12
	
80.27		326.01, subd. 6
	326B.31, subd. 10
	
80.28		326.01, subd. 6a
	326B.31, subd. 9
	
80.29		326.01, subd. 6b
	326B.31, subd. 4
	
80.30		326.01, subd. 6c
	326B.31, subd. 8
	
80.31		326.01, subd. 6e
	326B.31, subd. 22
	
80.32		326.01, subd. 6f
	326B.31, subd. 15
	
81.1		326.01, subd. 6g
	326B.31, subd. 14
	
81.2		326.01, subd. 6i
	326B.31, subd. 13
	
81.3		326.01, subd. 6j
	326B.31, subd. 26
	
81.4		326.01, subd. 6k
	326B.31, subd. 24
	
81.5		326.01, subd. 6l
	326B.31, subd. 31
	
81.6		326.01, subd. 6m
	326B.31, subd. 25
	
81.7		326.241
	326B.32
	
81.8		326.242
	326B.33
	
81.9		326.2421
	326B.34
	
81.10		326.243
	326B.35
	
81.11		326.244
	326B.36
	
81.12		326.2441
	326B.37
	
81.13		326.245
	326B.38
	
81.14		326.247
	326B.39
	
81.15		326.248
	326B.399

81.16 	ARTICLE 6
81.17 	PLUMBING

81.18 	Section 1. Minnesota Statutes 2004, section 326.01, subdivision 7, is amended to read:
81.19 		Subd. 7.Journeyman plumber. A "journeyman plumber" is any person an 
81.20 	individual, other than a master plumber, who, as a principal occupation, is engaged as an 
81.21 	employee of, or is otherwise working under the direction of, a master plumber in the 
81.22 	practical installation of plumbing.

81.23 	Sec. 2. Minnesota Statutes 2004, section 326.01, subdivision 8, is amended to read:
81.24 		Subd. 8.Master plumber. A "master plumber" is any person an individual who is
81.25 	skilled in the planning, superintending, and the practical installation of plumbing and, who 
81.26 	is otherwise lawfully qualified to contract for plumbing and installations and to conduct 
81.27 	the business of plumbing and who is familiar with the laws and rules governing the same.

81.28 	Sec. 3. Minnesota Statutes 2004, section 326.01, subdivision 9, is amended to read:
82.1 		Subd. 9.Plumber's apprentice trainee. A "plumber's apprentice trainee" 
82.2 	is any person an individual, other than a journeyman or master plumber, who, as a 
82.3 	principal occupation, is engaged in working as an employee of a plumbing contractor
82.4 	plumbing work under the immediate and personal direct supervision of either a master 
82.5 	or journeyman plumber or plumbing contractor in learning to learn and assisting assist
82.6 	in the installation of plumbing.

82.7 	Sec. 4. Minnesota Statutes 2004, section 326.37, is amended to read:
82.8 	326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY 
82.9 	STANDARDS; LICENSE EXEMPTION.
82.10 		Subdivision 1.Rules. The state commissioner of health may, by rule, prescribe 
82.11 	minimum standards which shall be uniform, and which standards shall thereafter be 
82.12 	effective for all new plumbing installations, including additions, extensions, alterations, 
82.13 	and replacements connected with any water or sewage disposal system owned or operated 
82.14 	by or for any municipality, institution, factory, office building, hotel, apartment building, 
82.15 	or any other place of business regardless of location or the population of the city or town in 
82.16 	which the installation is to be located. Notwithstanding the provisions of Minnesota Rules, 
82.17 	part 4715.3130, as they apply to review of plans and specifications, the commissioner may 
82.18 	allow plumbing construction, alteration, or extension to proceed without approval of the 
82.19 	plans or specifications by the commissioner.
82.20 	The commissioner shall administer the provisions of sections 326.37 326.361 to 
82.21 	326.45 326.44 and for such purposes may employ plumbing inspectors and other assistants. 
82.22 		Subd. 1a.Agreements with municipalities. The commissioner may enter into an 
82.23 	agreement with a municipality, in which the municipality agrees to perform inspections 
82.24 	and plan and specification reviews required by the plumbing code, if:
82.25 	(a) the municipality has adopted:
82.26 	(1) the plumbing code;
82.27 	(2) an ordinance that requires plumbing plans and specifications to be submitted to, 
82.28 	reviewed, and approved by the municipality, except as provided in paragraph (h); and
82.29 	(3) an ordinance that authorizes the municipality to perform inspections required by 
82.30 	the plumbing code;
82.31 	(b) the municipality agrees to review plumbing plans and specifications for all 
82.32 	construction for which the plumbing code requires the review of plumbing plans and 
82.33 	specifications, except as provided in paragraph (h);
82.34 	(c) the municipality agrees that, when it reviews plumbing plans and specifications 
82.35 	under paragraph (b), the review will:
83.1 	(1) reflect the degree to which the plans and specifications affect the public health 
83.2 	and conform to the provisions of the plumbing code;
83.3 	(2) ensure that there is no physical connection between water supply systems that 
83.4 	are safe for domestic use and those that are unsafe for domestic use; and
83.5 	(3) ensure that there is no apparatus through which unsafe water may be discharged 
83.6 	or drawn into a safe water supply system;
83.7 	(d) the municipality agrees to perform all inspections required by the plumbing code;
83.8 	(e) the commissioner determines that the individuals who will conduct the 
83.9 	inspections and the plumbing plan and specification reviews for the municipality do not 
83.10 	have any conflict of interest in conducting the inspections and the plan and specification 
83.11 	reviews;
83.12 	(f) individuals who will conduct the inspections and the plumbing plan and 
83.13 	specification reviews for the municipality are licensed master plumbers, licensed 
83.14 	professional engineers under section 326.10, or other individuals working under the 
83.15 	supervision of licensed professional engineers;
83.16 	(g) the municipality agrees to enforce in its entirety the plumbing code on all 
83.17 	projects; and
83.18 	(h) the municipality and the commissioner agree that the municipality shall forward 
83.19 	to the state for review all plumbing plans and specifications for the following types of 
83.20 	projects within the municipality:
83.21 	(1) hospitals, nursing homes, supervised living facilities, and similar health care 
83.22 	related facilities regulated by the Minnesota Department of Health;
83.23 	(2) buildings owned by the federal or state government; and
83.24 	(3) projects of a special nature for which department review is requested by either 
83.25 	the municipality or the state.
83.26 		Subd. 2.Standards for capacity. By January 1, 1993, All new floor-mounted water 
83.27 	closets in areas under jurisdiction of the State plumbing code may not have a flush volume 
83.28 	of more than 1.6 gallons. The water closets must meet the standards of the commissioner 
83.29 	and in the plumbing code and the standards of the American National Standards Institute.
83.30 		Subd. 3.Exemption. No license or registration authorized by this section sections 
83.31 	326.361 to 326.44 shall be required of any contractor or employee individual engaged 
83.32 	in or employed by a person engaged in the work or business of pipe laying outside of 
83.33 	buildings if such person individual or employer is engaged in a business or trade which 
83.34 	has traditionally performed such work within the state prior to January 1, 1994.

84.1 	Sec. 5. Minnesota Statutes 2004, section 326.38, is amended to read:
84.2 	326.38 LOCAL REGULATIONS.
84.3 	Any city having a system of waterworks or sewerage, or any town in which reside 
84.4 	over 5,000 people exclusive of any statutory cities located therein, or the metropolitan 
84.5 	airports commission, Any of the following entities may, by ordinance, adopt local 
84.6 	regulations providing for plumbing permits, bonds, approval of plans and specifications, 
84.7 	and inspections of plumbing, which regulations are not in conflict with the plumbing 
84.8 	standards on the same subject prescribed by the state commissioner of health. code: any 
84.9 	city having a system of waterworks or sewerage, regardless of population; any town 
84.10 	having a population of 5,000 or more according to the last federal census, exclusive of any 
84.11 	statutory cities located therein; and the metropolitan airports commissioner. No city or 
84.12 	such town such entity shall prohibit plumbers licensed by the state commissioner of health
84.13 	from engaging in or working at the business of plumbing, except cities and statutory 
84.14 	cities which, prior to April 21, 1933, by ordinance required the licensing of plumbers. 
84.15 	Any city by ordinance may prescribe regulations, reasonable standards, and inspections 
84.16 	and grant permits to any person, firm, or corporation engaged in the business of installing 
84.17 	water softeners, who is not licensed as a master plumber or journeyman plumber by the 
84.18 	state commissioner of health, to connect water softening and water filtering equipment 
84.19 	to private residence water distribution systems, where provision has been previously 
84.20 	made therefor and openings left for that purpose or by use of cold water connections to 
84.21 	a domestic water heater; where it is not necessary to rearrange, make any extension or 
84.22 	alteration of, or addition to any pipe, fixture or plumbing connected with the water system 
84.23 	except to connect the water softener, and provided the connections so made comply with 
84.24 	minimum standards prescribed by the state commissioner of health.

84.25 	Sec. 6. Minnesota Statutes 2004, section 326.39, is amended to read:
84.26 	326.39 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER 
84.27 	OF HEALTH.
84.28 	Such local authority as may be designated by any such ordinance for the issuance of 
84.29 	such plumbing permits and approval of such plans shall report to the state commissioner 
84.30 	of health persistent or willful violation of the same and any incompetence of a licensed 
84.31 	plumber observed by the local authority.

84.32 	Sec. 7. Minnesota Statutes 2004, section 326.40, is amended to read:
84.33 	326.40 LICENSING, BOND AND INSURANCE.
85.1 		Subdivision 1.Plumbers must be licensed in certain cities; master and 
85.2 	journeyman plumbers; plumbing on one's own premises; rules for examination.
 85.3 	In any city now or hereafter having 5,000 or more population having a population of 
85.4 	5,000 or more, according to the last federal census, and having a system of waterworks 
85.5 	or sewerage, no person, firm, or corporation individual shall engage in or work at the 
85.6 	business of a master plumber or journeyman plumber unless licensed to do so by the state
85.7 	commissioner of health. A master plumber may also work as a journeyman plumber. 
85.8 	Anyone Any individual not so licensed may do plumbing work which complies with 
85.9 	the provisions of the minimum standard prescribed by the state commissioner of health
85.10 	on premises or that part of premises owned and actually occupied by the worker as a 
85.11 	residence, unless otherwise forbidden to do so by a local ordinance.
85.12 	In any such city no person, firm, or corporation shall engage in the business of 
85.13 	planning, superintending, or installing plumbing nor or shall install plumbing in connection 
85.14 	with the dealing in and selling of plumbing material and supplies unless at all times a 
85.15 	licensed master plumber, who shall be responsible for proper planning, superintending, 
85.16 	and installation, is in charge of the plumbing work of the person, firm, or corporation.
85.17 	The department of Health shall prescribe rules, not inconsistent herewith, for the 
85.18 	examination and licensing of plumbers.
85.19 		Subd. 2.Bond; insurance. Any person contracting to do plumbing work must give 
85.20 	bond to the state in the amount of $25,000 for all work entered into within the state. The 
85.21 	bond shall be for the benefit of persons injured or suffering financial loss by reason of 
85.22 	failure to comply with the requirements of the Plumbing Code. A bond given to the state 
85.23 	shall be filed with the commissioner of health and shall be in lieu of all other bonds to any 
85.24 	political subdivision required for plumbing work. The bond shall be written by a corporate 
85.25 	surety licensed to do business in the state.
85.26 	In addition, each applicant for a master plumber license or renewal thereof, may 
85.27 	provide evidence of public liability insurance, including products liability insurance with 
85.28 	limits of at least $50,000 per person and $100,000 per occurrence and property damage 
85.29 	insurance with limits of at least $10,000. The insurance shall be written by an insurer 
85.30 	licensed to do business in the state of Minnesota and each licensed master plumber 
85.31 	shall maintain on file with the state commissioner of health a certificate evidencing the 
85.32 	insurance providing that the insurance shall not be canceled without the insurer first giving 
85.33 	15 days written notice to the commissioner. The term of the insurance shall be concurrent 
85.34 	with the term of the license. The certificate shall be in lieu of all other certificates required 
85.35 	by any political subdivision for licensing purposes.
86.1 		Subd. 3.Bond and insurance exemption. A master plumber who is an employee 
86.2 	of a master plumber or who is an employee engaged within the limits of property owned, 
86.3 	leased and operated, or maintained by the employer, in the maintenance and repair of 
86.4 	plumbing equipment, apparatus, or facilities owned or leased by the employer, shall not be 
86.5 	required to meet the bond and insurance requirements of subdivision 2. A master plumber 
86.6 	who is an employee working on the maintenance and repair of plumbing equipment, 
86.7 	apparatus, or facilities owned or leased by their employer and which is within the limits 
86.8 	of property owned or leased, and operated or maintained by their employer, shall not be 
86.9 	required to meet the bond and insurance requirements of subdivision 2.
86.10 		Subd. 4.Alternative compliance. Compliance with the local bond requirements 
86.11 	of a locale a bond and insurance ordinance adopted by the city or town within which the 
86.12 	work is to be performed shall be deemed to satisfy the bond and insurance requirements of 
86.13 	subdivision 2, provided the local ordinance requires at least a $25,000 bond.
86.14 		Subd. 5.Fee. The state commissioner of health may charge Each person giving 
86.15 	bond to the state under subdivision 2 shall pay the department an annual bond filing
86.16 	registration fee commensurate with the cost of administering the bond and insurance 
86.17 	requirements of subdivision 2 of $40.

86.18 	Sec. 8. Minnesota Statutes 2004, section 326.401, is amended to read:
86.19 	326.401 PLUMBER'S APPRENTICES TRAINEES.
86.20 		Subdivision 1.Registration. A plumber's apprentice trainee must be registered
86.21 	register with the commissioner of health on by completing and submitting to the 
86.22 	commissioner a registration application form supplied provided by the commissioner
86.23 	showing the. A completed registration form must state the trainee's date of beginning 
86.24 	training, age, schooling, previous experience, employer, and other information required 
86.25 	by the commissioner. A registered trainee is authorized to assist in the installation of 
86.26 	plumbing only while under the direct supervision of a master or journeyman plumber. 
86.27 	The master or journeyman plumber is responsible for ensuring that all plumbing work 
86.28 	performed by the plumber's trainee complies with the plumbing code. A master or 
86.29 	journeyman plumber shall supervise no more than two plumber's trainees.
86.30 		Subd. 2.Journeyman exam. A plumber's apprentice trainee who has completed 
86.31 	four years of practical plumbing experience is eligible to take the journeyman plumbing 
86.32 	examination. Up to 24 months of practical plumbing experience prior to registration as an 
86.33 	apprentice may be applied to the four-year experience requirement. However, none of this 
86.34 	practical plumbing experience may be applied if the person individual did not have any 
86.35 	practical plumbing experience in the 12-month period immediately prior to registration. 
87.1 	The commissioner may adopt rules to evaluate whether the person's individual's
87.2 	past practical plumbing experience is applicable in preparing for the journeyman's 
87.3 	examination. If two years after completing the training the person individual has not taken 
87.4 	the examination, the four years of experience shall be forfeited.
87.5 	The commissioner may allow an extension of the two-year period for taking the 
87.6 	exam for cases of hardship or other appropriate circumstances.
87.7 		Subd. 3.Rules, applications, renewals, and fees. The Department of Health may 
87.8 	assess fees to pay for the administration of the apprentice registration program. The 
87.9 	department may prescribe rules, not inconsistent with this section, for the registration of 
87.10 	plumber's trainees. Each applicant for initial registration as a plumber's trainee shall 
87.11 	pay the department an application fee of $25. Applications for initial registration may 
87.12 	be submitted at any time. Registration must be renewed annually and shall be for the 
87.13 	period from July 1 of each year to June 30 of the following year. Applications for renewal 
87.14 	registration must be submitted to the commissioner before July 1 of each registration 
87.15 	period on forms provided by the commissioner, and must be accompanied by a fee of $25. 
87.16 	A plumber's trainee who submits an application for renewal registration after July 1 in any 
87.17 	year but no more than three months after expiration of the previously issued registration 
87.18 	must pay the past due renewal fee plus a late fee of $25. No applications for renewal 
87.19 	registration will be accepted more than three months after expiration of the previously 
87.20 	issued registration.

87.21 	Sec. 9. Minnesota Statutes 2004, section 326.405, is amended to read:
87.22 	326.405 RECIPROCITY WITH OTHER STATES.
87.23 	The commissioner of health may license without examination, upon payment of the 
87.24 	required fee, nonresident applicants who are licensed under the laws of a state having 
87.25 	standards for licensing plumbers which the commissioner determines are substantially 
87.26 	equivalent to the standards of this state if the other state grants similar privileges to 
87.27 	Minnesota residents duly licensed in this state.

87.28 	Sec. 10. Minnesota Statutes 2004, section 326.42, as amended by Laws 2005, First 
87.29 	Special Session chapter 4, article 6, section 50, is amended to read:
87.30 	326.42 APPLICATIONS, FEES.
87.31 		Subdivision 1.Application. Applications for plumber's license shall be made to 
87.32 	the state commissioner of health, with fee. Unless the applicant is entitled to a renewal, 
87.33 	the applicant shall be licensed by the state commissioner of health only after passing a 
87.34 	satisfactory examination by the examiners showing fitness. Unless examination fees have 
88.1 	been set by a contract under section 326B.05, examination fees for both journeyman and 
88.2 	master plumbers shall be in an amount prescribed by the state commissioner of health 
88.3 	pursuant to section  144.122 $50 for each examination. Upon being notified that of having 
88.4 	successfully passed the examination for original license the applicant shall submit an 
88.5 	application, with the license fee herein provided. License fees shall be in an amount 
88.6 	prescribed by the state commissioner of health pursuant to section  144.122. Licenses shall 
88.7 	expire and be renewed as prescribed by the commissioner pursuant to section  144.122.
88.8 	The license fee for each initial and renewal master plumber's license shall be $120. The 
88.9 	license fee for each initial and renewal journeyman plumber's license shall be $55. The 
88.10 	commissioner may by rule prescribe for the expiration and renewal of licenses. Any 
88.11 	licensee who does not renew a license within two years after the license expires is no 
88.12 	longer eligible for renewal. Such an individual must retake and pass the examination 
88.13 	before a new license will be issued. A journeyman or master plumber who submits a 
88.14 	license renewal application after the time specified in rule but within two years after the 
88.15 	license expired must pay all past due renewal fees plus a late fee of $25.
88.16 		Subd. 2.Fees for plan reviews and audits. Plumbing system plans and 
88.17 	specifications that are submitted to the commissioner for review shall be accompanied by 
88.18 	the appropriate plan examination fees. If the commissioner determines, upon review of 
88.19 	the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior 
88.20 	to plan approval. The commissioner shall charge the following fees for plan reviews and 
88.21 	audits of plumbing installations for public, commercial, and industrial buildings:
88.22 	(1) systems with both water distribution and drain, waste, and vent systems and 
88.23 	having:
88.24 	(i) 25 or fewer drainage fixture units, $150;
88.25 	(ii) 26 to 50 drainage fixture units, $250;
88.26 	(iii) 51 to 150 drainage fixture units, $350;
88.27 	(iv) 151 to 249 drainage fixture units, $500;
88.28 	(v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum 
88.29 	of $4,000; and
88.30 	(vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch 
88.31 	basin design;
88.32 	(2) building sewer service only, $150;
88.33 	(3) building water service only, $150;
88.34 	(4) building water distribution system only, no drainage system, $5 per supply 
88.35 	fixture unit or $150, whichever is greater;
88.36 	(5) storm drainage system, a minimum fee of $150 or:
89.1 	(i) $50 per drain opening, up to a maximum of $500; and
89.2 	(ii) $70 per interceptor, separator, or catch basin design;
89.3 	(6) manufactured home park or campground, one to 25 sites, $300;
89.4 	(7) manufactured home park or campground, 26 to 50 sites, $350;
89.5 	(8) manufactured home park or campground, 51 to 125 sites, $400;
89.6 	(9) manufactured home park or campground, more than 125 sites, $500;
89.7 	(10) (6) accelerated review, double the regular fee, one-half to be refunded if no 
89.8 	response from the commissioner within 15 business days; and
89.9 	(11) (7) revision to previously reviewed or incomplete plans:
89.10 	(i) review of plans for which the commissioner has issued two or more requests for 
89.11 	additional information, per review, $100 or ten percent of the original fee, whichever 
89.12 	is greater;
89.13 	(ii) proposer-requested revision with no increase in project scope, $50 or ten percent 
89.14 	of original fee, whichever is greater; and
89.15 	(iii) proposer-requested revision with an increase in project scope, $50 plus the 
89.16 	difference between the original project fee and the revised project fee.
89.17 		Subd. 3.Inspection fees. The commissioner shall charge the following fees for 
89.18 	inspections under sections 326.361 to 326.44:

89.19	Residential inspection fee (each visit)
	$50
	
89.20
89.21	Public, commercial, and industrial 
inspections
	Inspection fee
	
89.22	25 or fewer drainage fixture units
	$300
	
89.23	26 to 50 drainage fixture units
	$900
	
89.24	51 to 150 drainage fixture units
	$1,200
	
89.25	151 to 249 drainage fixture units
	$1,500
	
89.26	250 or more drainage fixture units
	$1,800
	
89.27	Callback fee (each visit)
	$100

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

89.32 	Sec. 12. [326B.42] DEFINITIONS.
90.1 		Subdivision 1.Words, terms, and phrases. For purposes of sections 326B.41 to 
90.2 	326B.49, the terms defined in this section have the meanings given to them.
90.3 		Subd. 2.Direct supervision. The term "direct supervision," with respect to direct 
90.4 	supervision of a plumber's trainee by a master or journeyman plumber, means that:
90.5 	(1) at all times while the plumber's trainee is performing plumbing work, the master 
90.6 	or journeyman plumber is present at the location where the plumber's trainee is working;
90.7 	(2) the master or journeyman plumber is immediately available to the plumber's 
90.8 	trainee at all times for assistance and direction;
90.9 	(3) the master or journeyman plumber actually reviews the plumbing work 
90.10 	performed by the plumber's trainee before the plumbing is operated; and
90.11 	(4) the master or journeyman plumber is able to and does determine that all 
90.12 	plumbing work performed by the plumber's trainee is performed in compliance with 
90.13 	the plumbing code.
90.14 		Subd. 5.Municipality. The term "municipality" shall have the meaning given to it 
90.15 	in section 16B.60, subdivision 3.
90.16 		Subd. 6.Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.

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

90.21	Column A
	Column B
	
90.22	326.01, subd. 7
	326B.42, subd. 3
	
90.23	326.01, subd. 8
	326B.42, subd. 4
	
90.24	326.01, subd. 9
	326B.42, subd. 7
	
90.25	326.37
	326B.43
	
90.26	326.38
	326B.44
	
90.27	326.39
	326B.45
	
90.28	326.40
	326B.46
	
90.29	326.401
	326B.47
	
90.30	326.405
	326B.48
	
90.31	326.42
	326B.49

91.1 	ARTICLE 7
91.2 	WATER CONDITIONING CONTRACTORS AND INSTALLERS

91.3 	Section 1. Minnesota Statutes 2004, section 326.57, subdivision 1, is amended to read:
91.4 		Subdivision 1.Rules. The state commissioner of health shall, by rule, prescribe 
91.5 	minimum standards which shall be uniform, and which standards shall thereafter be 
91.6 	effective for all new water conditioning servicing and water conditioning installations, 
91.7 	including additions, extensions, alterations, and replacements connected with any water or 
91.8 	sewage disposal system owned or operated by or for any municipality, institution, factory, 
91.9 	office building, hotel, apartment building or any other place of business, regardless of 
91.10 	location or the population of the city, county or town in which located. Such rules, upon 
91.11 	approval of the attorney general and their legal publication, shall have the force of law, 
91.12 	and the violation of any part thereof shall constitute a misdemeanor and may be enjoined 
91.13 	by the attorney general.

91.14 	Sec. 2. Minnesota Statutes 2004, section 326.58, is amended to read:
91.15 	326.58 LOCAL REGULATIONS.
91.16 	Any city or town with a population of 5,000 or more persons according to the last 
91.17 	federal census may, by ordinance, adopt local regulations providing for water conditioning 
91.18 	permits, bonds, approval of plans, and inspections of water conditioning installations and 
91.19 	servicing, which regulations shall not be in conflict with the water conditioning standards 
91.20 	on the same subject prescribed by the state commissioner of health. No such city or 
91.21 	town shall prohibit water conditioning contractors or installers licensed by the state
91.22 	commissioner of health from engaging in or working at the business.

91.23 	Sec. 3. Minnesota Statutes 2004, section 326.59, is amended to read:
91.24 	326.59 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER 
91.25 	OF HEALTH.
91.26 	Such local authority as may be designated by any such ordinance for the issuance 
91.27 	of such water conditioning installation and servicing permits and approval of such plans 
91.28 	shall report to the state commissioner of health persistent or willful violations of the 
91.29 	same and any incompetence of a licensed water conditioning contractor or licensed water 
91.30 	conditioning installer observed by the local authority.

92.1 	Sec. 4. Minnesota Statutes 2004, section 326.60, is amended to read:
92.2 	326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
92.3 		Subdivision 1.Licensing in certain cities. In any city or town now or hereafter
92.4 	having a population of 5,000 or more according to the last federal census, no person, firm, 
92.5 	or corporation shall engage in or work at the business of water conditioning installation or 
92.6 	servicing after January 1, 1970, unless (a) (1) at all times a person an individual licensed 
92.7 	as a water conditioning contractor by the state commissioner of health shall be responsible 
92.8 	for the proper water conditioning installation and servicing work of such person, firm, or 
92.9 	corporation, and (b) (2) all installations, other than exchanges of portable equipment, are 
92.10 	actually made performed by a licensed water conditioning contractor or licensed water 
92.11 	conditioning installer. Anyone Any individual not so licensed may do perform water 
92.12 	conditioning work which that complies with the provisions of the minimum standard 
92.13 	prescribed by the state commissioner of health on premises or that part of premises owned 
92.14 	and actually occupied by the worker as a residence, unless otherwise forbidden to do so
92.15 	prohibited by a local ordinance.
92.16 		Subd. 2.Qualifications for licensing. A water conditioning contractor license 
92.17 	shall be issued only to a person an individual who has demonstrated skill in planning, 
92.18 	superintending, and servicing water conditioning installations. A water conditioning 
92.19 	installer license shall only be issued to a person an individual other than a water 
92.20 	conditioning contractor who has demonstrated practical knowledge of water conditioning 
92.21 	installation.
92.22 		Subd. 3.Rules. The state commissioner of health shall:
92.23 	(a) (1) prescribe rules, not inconsistent herewith, for the licensing of water 
92.24 	conditioning contractors and installers;
92.25 	(b) (2) license water conditioning contractors and installers;
92.26 	(c) (3) prescribe rules not inconsistent herewith for the examining of water 
92.27 	conditioning contractors and installers prior to first granting a license as a water 
92.28 	conditioning contractor or water conditioning installer; and
92.29 	(d) (4) collect an examination fee from each examinee for a license as a water 
92.30 	conditioning contractor and a an examination fee from each examinee for a license 
92.31 	as a water conditioning installer in an amount prescribed by the state commissioner of 
92.32 	health pursuant to set forth in section 144.122 326.62. A water conditioning installer 
92.33 	must successfully pass the examination for water conditioning contractors before being 
92.34 	licensed as a water conditioning contractor. 

93.1 	Sec. 5. Minnesota Statutes 2004, section 326.601, is amended to read:
93.2 	326.601 ALTERNATIVE STATE BONDING AND INSURANCE 
93.3 	REGULATION.
93.4 		Subdivision 1.Bonds. (a) An applicant for a water conditioning contractor or 
93.5 	installer license or renewal thereof who is required by any political subdivision to give a 
93.6 	bond to obtain or maintain the license, may comply with any political subdivision bonding 
93.7 	requirement by giving a bond to the state as described in paragraph (b). No applicant for a 
93.8 	water conditioning contractor or installer license who maintains the bond under paragraph 
93.9 	(b) shall be otherwise required to meet the bond requirements of any political subdivision.
93.10 	(b) Each bond given to the state under this subdivision shall be in the total penal sum 
93.11 	of $3,000 conditioned upon the faithful and lawful performance of all water conditioning 
93.12 	contracting or installing work done within the state. The bond shall be for the benefit of 
93.13 	persons suffering injuries or damages due to the work. The bond shall be filed with the 
93.14 	commissioner of health and shall be written by a corporate surety licensed to do business 
93.15 	in this state. No applicant for a water conditioning contractor or installer license who 
93.16 	maintains the bond under this subdivision shall be otherwise required to meet the bond 
93.17 	requirements of any political subdivision. The bond must remain in effect at all times 
93.18 	while the application is pending and while the license is in effect.
93.19 		Subd. 2.Insurance. (a) Each applicant for a water conditioning contractor or 
93.20 	installer license or renewal thereof may, in lieu of all other insurance requirements of any 
93.21 	political subdivision for said licensing purposes, maintain the insurance specified by 
93.22 	this subdivision. who is required by any political subdivision to maintain insurance to 
93.23 	obtain or maintain the license may comply with any political subdivision's insurance 
93.24 	requirement by maintaining the insurance described in paragraph (b). No applicant for a 
93.25 	water conditioning contractor or installer license who maintains the insurance described 
93.26 	in paragraph (b) shall be otherwise required to meet the insurance requirements of any 
93.27 	political subdivision.
93.28 	(b) The insurance shall provide coverage, including products liability coverage, 
93.29 	for all damages in connection with licensed work for which the licensee is liable, with 
93.30 	personal damage limits of at least $50,000 per person and $100,000 per occurrence and 
93.31 	property damage insurance with limits of at least $10,000. The insurance shall be written 
93.32 	by an insurer licensed to do business in this state and each licensed water conditioning 
93.33 	contractor or installer shall maintain on file with the commissioner of health a certificate 
93.34 	evidencing the insurance shall be filed with the commissioner. The insurance must remain 
93.35 	in effect at all times while the application is pending and while the license is in effect. The 
94.1 	insurance shall not be canceled without the insurer first giving 15 days' written notice to 
94.2 	the commissioner.
94.3 		Subd. 3.Bond and insurance exemption. A water conditioning contractor or 
94.4 	installer who is an employee of a water conditioning contractor or installer, including 
94.5 	an employee engaged in the maintenance and repair of water conditioning equipment, 
94.6 	apparatus, or facilities owned, leased and operated, or maintained by the employer, is 
94.7 	not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of 
94.8 	any political subdivision.
94.9 		Subd. 4.Fee. The commissioner of health may establish by rule an additional 
94.10 	fee commensurate with the cost of administering the bond and insurance requirements 
94.11 	of subdivisions 1 and 2, which may be charged shall collect a $40 bond registration fee 
94.12 	from each applicant for issuance or renewal of a water conditioning contractor or installer 
94.13 	license who elects to proceed under subdivisions 1 and 2.

94.14 	Sec. 6. Minnesota Statutes 2004, section 326.61, subdivision 1, is amended to read:
94.15 		Subdivision 1.Water conditioning installation. "Water conditioning installation" 
94.16 	as used in sections  326.57 to  326.65 means the installation of appliances, appurtenances, 
94.17 	and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical 
94.18 	or bacterial content, said installation to be made in a water distribution system serving a 
94.19 	single family residential unit, which has been initially established by a licensed plumber, 
94.20 	and does not involve a direct connection without an air gap to a soil or waste pipe. 

94.21 	Sec. 7. Minnesota Statutes 2004, section 326.61, subdivision 2, is amended to read:
94.22 		Subd. 2.Water conditioning servicing. "Water conditioning servicing" as used in 
94.23 	sections  326.57 to  326.65 means the servicing (including servicing prior to installation) of 
94.24 	a water conditioning installation. 

94.25 	Sec. 8. Minnesota Statutes 2004, section 326.61, subdivision 3, is amended to read:
94.26 		Subd. 3.Rules. In order to provide effective protection of the public health, the 
94.27 	state commissioner of health may by rule prescribe limitations on the nature of alteration 
94.28 	to, extension of, or connection with, the said water distribution system initially established 
94.29 	by a licensed plumber which may be performed by a person licensed hereunder, and may 
94.30 	by rule in appropriate instances require filing of plans, blueprints and specifications prior 
94.31 	to commencement of installation. Such rules, upon approval of the attorney general and 
94.32 	their legal publication, shall have the force of law, and the violation of any part thereof 
94.33 	shall constitute a misdemeanor. The installation of water heaters shall not constitute water 
95.1 	conditioning installation and consequently such work shall be accomplished in accordance 
95.2 	with the provisions of sections 326.37 326.361 to 326.45 326.44. 

95.3 	Sec. 9. Minnesota Statutes 2004, section 326.61, subdivision 4, is amended to read:
95.4 		Subd. 4.Single family residential unit. "Single family residential unit" as used in 
95.5 	sections  326.57 to  326.65 means a building or portion thereof which is arranged, designed, 
95.6 	used or intended to be used for residential occupancy by one family, but not including a 
95.7 	motel, hotel or rooming house. 

95.8 	Sec. 10. Minnesota Statutes 2004, section 326.62, is amended to read:
95.9 	326.62 APPLICATIONS; FEES.
95.10 	Applications for water conditioning contractor's or installer's licenses shall be 
95.11 	made to the state commissioner of health with the fee prescribed by the commissioner 
95.12 	pursuant to section  144.122. Licenses shall expire and be renewed as prescribed by 
95.13 	the commissioner pursuant to section  144.122. Unless examination fees have been set 
95.14 	by a contract under section 326B.05, examination fees for both water conditioning 
95.15 	contractors and water conditioning installers shall be $50 for each examination. Each 
95.16 	water conditioning contractor and installer license shall expire on December 31 of the year 
95.17 	for which it was issued. The license fee for each initial water conditioning contractor's 
95.18 	license shall be $70, except that the license fee shall be $35 if the application is submitted 
95.19 	during the last three months of the calendar year. The license fee for each renewal water 
95.20 	conditioning contractor's license shall be $70. The license fee for each initial water 
95.21 	conditioning installer license shall be $35, except that the license fee shall be $17.50 if the 
95.22 	application is submitted during the last three months of the calendar year. The license fee 
95.23 	for each renewal water conditioning installer license shall be $35. The commissioner may 
95.24 	by rule prescribe for the expiration and renewal of licenses. Any licensee who does not 
95.25 	renew a license within two years after the license expires is no longer eligible for renewal. 
95.26 	Such an individual must retake and pass the examination before a new license will be 
95.27 	issued. A water conditioning contractor or water conditioning installer who submits a 
95.28 	license renewal application after the time specified in rule but within two years after the 
95.29 	license expired must pay all past due renewal fees plus a late fee of $25.

95.30 	Sec. 11. Minnesota Statutes 2004, section 326.65, is amended to read:
95.31 	326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
95.32 	The provisions of sections  326.57 to  326.65which that require the obtaining of
95.33 	licenses to engage in the work or business of water conditioning installation, and the 
96.1 	provisions which that provide for the examination of applicants for such licenses, shall 
96.2 	only apply to work accomplished in cities or towns having populations of 5,000 or more 
96.3 	according to the last federal census, and shall not apply to master plumbers and journeymen 
96.4 	plumbers licensed under the provisions of sections 326.37 326.361 to 326.45 326.44. 

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

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

96.12	Column A
	Column B
	
96.13	326.57
	326B.52
	
96.14	326.58
	326B.53
	
96.15	326.59
	326B.54
	
96.16	326.60
	326B.55
	
96.17	326.601
	326B.56
	
96.18	326.61, subd. 1
	326B.50, subd. 3
	
96.19	326.61, subd. 2
	326B.50, subd. 4
	
96.20	326.61, subd. 3
	326B.57
	
96.21	326.61, subd. 4
	326B.50, subd. 2
	
96.22	326.62
	326B.58
	
96.23	326.65
	326B.59

96.24 	ARTICLE 8
96.25 	RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

96.26 	Section 1. Minnesota Statutes 2004, section 325E.58, is amended to read:
96.27 	325E.58 SIGN CONTRACTOR; BOND.
96.28 	(a) A sign contractor may post a compliance bond with the commissioner, 
96.29 	conditioned that the sign contractor shall faithfully perform duties and comply with laws, 
97.1 	ordinances, rules, and contracts entered into for the installation of signs. The bond must 
97.2 	be renewed annually and maintained for so long as determined by the commissioner. The 
97.3 	aggregate liability of the surety on the bond to any and all persons, regardless of the 
97.4 	number of claims made against the bond, may not exceed the annual amount of the bond. 
97.5 	The bond may be canceled as to future liability by the surety upon 30 days' written notice 
97.6 	mailed to the commissioner by United States mail.
97.7 	(b) The amount of the bond shall be $8,000. The bond may be drawn upon only by 
97.8 	a local unit of government that requires sign installers contractors to post a compliance 
97.9 	bond. The bond is in lieu of any compliance bond required by a local unit of government.
97.10 	(c) For purposes of this section, "sign" means a device, structure, fixture, or 
97.11 	placard using graphics, symbols, or written copy that is erected on the premises of an 
97.12 	establishment including the name of the establishment or identifying the merchandise, 
97.13 	services, activities, or entertainment available on the premises.

97.14 	Sec. 2. Minnesota Statutes 2004, section 326.83, subdivision 6, is amended to read:
97.15 		Subd. 6.Lessee. "Lessee" means one who rents or leases residential real estate 
97.16 	pursuant to a written lease agreement of at least one year's duration.

97.17 	Sec. 3. Minnesota Statutes 2004, section 326.83, subdivision 7, is amended to read:
97.18 		Subd. 7.Licensee. "Licensee" means a residential building contractor, residential 
97.19 	remodeler, manufactured home installer, or residential roofer licensed under sections 
97.20 	326.83 to  326.991 326.98. 

97.21 	Sec. 4. Minnesota Statutes 2004, section 326.83, subdivision 11, is amended to read:
97.22 		Subd. 11.Owner. Except in section  326.91, subdivision 1, "owner" means a person 
97.23 	who has any legal or equitable interest in real property. For purposes of sections  326.83
97.24 	to  326.991, "owner" does not include a residential building contractor or residential 
97.25 	remodeler who constructs or improves its own property for purposes of speculation. A 
97.26 	residential building contractor or residential remodeler will be presumed to be building or 
97.27 	improving for purposes of speculation if it constructs or improves more than one property 
97.28 	within any 24-month period. "Owner," when used in connection with real property, means 
97.29 	a person who has any legal or equitable interest in the real property.

97.30 	Sec. 5. Minnesota Statutes 2004, section 326.83, subdivision 18, is amended to read:
97.31 		Subd. 18.Residential roofer. "Residential roofer" means a person in the business 
97.32 	of contracting, or offering to contract with an owner, to complete work on residential real 
98.1 	estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of 
98.2 	roof systems, but not construction of new roof systems.

98.3 	Sec. 6. Minnesota Statutes 2004, section 326.83, subdivision 19, is amended to read:
98.4 		Subd. 19.Special skill. "Special skill" means one of the following eight categories:
98.5 	(a)  Excavation. Excavation includes work in any of the following areas: 
98.6 	(1) excavation;
98.7 	(2) trenching;
98.8 	(3) grading; and
98.9 	(4) site grading.
98.10 	(b)  Masonry and concrete. Masonry and concrete includes work in any of the 
98.11 	following areas: 
98.12 	(1) drain systems;
98.13 	(2) poured walls;
98.14 	(3) slabs and poured-in-place footings;
98.15 	(4) masonry walls;
98.16 	(5) masonry fireplaces;
98.17 	(6) masonry veneer; and
98.18 	(7) water resistance and waterproofing.
98.19 	(c)  Carpentry. Carpentry includes work in any of the following areas: 
98.20 	(1) rough framing;
98.21 	(2) finish carpentry;
98.22 	(3) doors, windows, and skylights;
98.23 	(4) porches and decks, excluding footings;
98.24 	(5) wood foundations; and
98.25 	(6) drywall installation, excluding taping and finishing.
98.26 	(d)  Interior finishing. Interior finishing includes work in any of the following areas: 
98.27 	(1) floor covering;
98.28 	(2) wood floors;
98.29 	(3) cabinet and counter top installation;
98.30 	(4) insulation and vapor barriers;
98.31 	(5) interior or exterior painting;
98.32 	(6) ceramic, marble, and quarry tile;
98.33 	(7) ornamental guardrail and installation of prefabricated stairs; and
98.34 	(8) wallpapering.
99.1 	(e)  Exterior finishing. Exterior finishing includes work in any of the following 
99.2 	areas: 
99.3 	(1) siding;
99.4 	(2) soffit, fascia, and trim;
99.5 	(3) exterior plaster and stucco;
99.6 	(4) painting; and
99.7 	(5) rain carrying systems, including gutters and down spouts.
99.8 	(f)  Drywall and plaster. Drywall and plaster includes work in any of the following 
99.9 	areas: 
99.10 	(1) installation;
99.11 	(2) taping;
99.12 	(3) finishing;
99.13 	(4) interior plaster;
99.14 	(5) painting; and
99.15 	(6) wallpapering.
99.16 	(g)  Residential roofing. Residential roofing includes work in any of the following 
99.17 	areas: 
99.18 	(1) roof coverings;
99.19 	(2) roof sheathing;
99.20 	(3) roof weatherproofing and insulation; and
99.21 	(4) repair of roof support system, but not construction of new roof support system.
99.22 	(h)  General installation specialties. Installation includes work in any of the 
99.23 	following areas: 
99.24 	(1) garage doors and openers;
99.25 	(2) pools, spas, and hot tubs;
99.26 	(3) fireplaces and wood stoves;
99.27 	(4) asphalt paving and seal coating; and
99.28 	(5) exterior plaster and stucco; and
99.29 	(6) ornamental guardrail and prefabricated stairs.

99.30 	Sec. 7. Minnesota Statutes 2004, section 326.83, subdivision 20, is amended to read:
99.31 		Subd. 20.Specialty contractor. "Specialty contractor" means a person in the 
99.32 	business of contracting or offering to contract to build or improve residential real estate by 
99.33 	providing only one special skill as defined in this section.

100.1 	Sec. 8. Minnesota Statutes 2004, section 326.84, is amended to read:
100.2 	326.84 LICENSING REQUIREMENTS.
100.3 		Subdivision 1.Persons required to be licensed. A person who meets the definition 
100.4 	of a residential building contractor as defined in section 326.83, subdivision 15, must be 
100.5 	licensed as a residential building contractor by the commissioner. A person who meets 
100.6 	the definition of a residential remodeler as defined in section  326.83, subdivision 16, or 
100.7 	a residential building contractor as defined in section  326.83, subdivision 15, must be 
100.8 	licensed as a residential building contractor or residential remodeler.16, must be licensed 
100.9 	by the commissioner as a residential remodeler or residential building contractor. A person 
100.10 	who meets the definition of a residential roofer as defined in section 18 must be licensed 
100.11 	by the commissioner as a residential roofer, residential building contractor, or residential 
100.12 	remodeler. A person who meets the definition of a manufactured home installer as defined 
100.13 	in section ....... must be licensed as a manufactured home installer by the commissioner.
100.14 		Subd. 1a.Persons who may be licensed. A person who meets the definition of 
100.15 	a specialty contractor as defined in section  326.83, subdivision 20 19, may be licensed
100.16 	by the commissioner as a residential building contractor or residential remodeler unless 
100.17 	required to be licensed by the state as a specialty contractor. 
100.18 		Subd. 1b.Prohibition. Except as provided in subdivision 3, no persons required 
100.19 	to be licensed by subdivision 1 may act or hold themselves out as a residential building 
100.20 	contractors or contractor, residential remodelers remodeler, residential roofer, or 
100.21 	manufactured home installer for compensation without a valid license issued by the 
100.22 	commissioner.
100.23 		Subd. 1c.Licensing criteria. The examination and education requirements for 
100.24 	licensure under sections  326.84 to  326.991 326.98 must be fulfilled by a qualifying person 
100.25 	designated by the potential licensee. If the qualifying person is a managing employee, the 
100.26 	qualifying person must be an employee who is regularly employed by the licensee and 
100.27 	is actively engaged in the business of residential contracting or residential remodeling 
100.28 	on behalf of the licensee. For a sole proprietorship, the qualifying person must be the 
100.29 	proprietor or managing employee. For a partnership, the qualifying person must be a 
100.30 	general partner or managing employee. For a limited liability company, the qualifying 
100.31 	person must be a chief manager or managing employee. For a corporation, the qualifying 
100.32 	person must be a chief executive officer an owner, officer, or managing employee. A 
100.33 	qualifying person for a corporation may act as a qualifying person for one additional 
100.34 	corporation if one of the following conditions exists: 
100.35 	(1) there is a common ownership of at least 25 percent of each licensed corporation 
100.36 	for which the person acts in a qualifying capacity; or
101.1 	(2) one corporation is a subsidiary of another corporation for which the same person 
101.2 	acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of 
101.3 	which at least 25 percent is owned by the parent corporation.
101.4 		Subd. 1d.Required information. (a) Each licensee or applicant for licensure shall 
101.5 	provide to the commissioner a current street address and telephone number where the 
101.6 	licensee resides, and a street address and telephone number where the licensee's business 
101.7 	is physically located. A post office box address is not sufficient to satisfy this requirement. 
101.8 	Each licensee or applicant for licensure must notify the commissioner in writing of any 
101.9 	change in the required information within 15 days of the change.
101.10 	(b) Each licensee or applicant for licensure must notify the commissioner in writing 
101.11 	upon any change in control, ownership, officers or directors, personal name, business 
101.12 	name, license name, or qualifying person, within 15 days of the change.
101.13 	(c) Each licensee or applicant for licensure must notify the commissioner in writing if 
101.14 	the licensee or applicant for licensure is found to be a judgment debtor based upon conduct 
101.15 	requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
101.16 	(d) Each licensee or applicant for licensure must notify the commissioner in writing 
101.17 	within 15 days of filing a petition for bankruptcy.
101.18 	(e) Each licensee or applicant for licensure must notify the commissioner in writing 
101.19 	within 15 days of a felony, gross misdemeanor, or misdemeanor conviction.
101.20 		Subd. 3.Exemptions. The license requirement does not apply to:
101.21 	(1) an employee of a licensee performing work for the licensee;
101.22 	(2) a material person, manufacturer, or retailer furnishing finished products, 
101.23 	materials, or articles of merchandise who does not install or attach the items;
101.24 	(3) an owner or owners of residential real estate who build or improve builds or 
101.25 	improves any structure on  residential real estate and who do the work themselves or 
101.26 	jointly with the owner's own, if the building or improving is performed by the owner's
101.27 	bona fide employees or by individual owners personally. This exemption does not apply 
101.28 	to a person who engages in a pattern of building or improving real estate for purposes of 
101.29 	resale. Such a pattern is presumed to exist if the person constructs or improves more 
101.30 	than one property within any 24-month period an owner who constructs or improves 
101.31 	property for purposes of speculation if the building or improving is performed by the 
101.32 	owner's bona fide employees or by individual owners personally. A residential building 
101.33 	contractor or residential remodeler will be presumed to be building or improving for 
101.34 	purposes of speculation if the contractor or remodeler constructs or improves more than 
101.35 	one property within any 24-month period;.
102.1 	(4) an architect or professional engineer engaging in professional practice as defined 
102.2 	in this chapter by section 326.02, subdivisions 2 and 3;
102.3 	(5) a person whose total gross annual receipts from projects regulated under this 
102.4 	section for performing specialty skills for which licensure would be required under this 
102.5 	section do not exceed $15,000;
102.6 	(6) a mechanical contractor;
102.7 	(7) a plumber, electrician, or other person whose profession is otherwise subject to 
102.8 	statewide licensing, when engaged in the activity which is the subject of that licensure;
102.9 	(8) specialty contractors who provide only one special skill as defined in section  
102.10 	326.83; 
102.11 	(9) a school district, or a technical college governed under chapter 136F; and
102.12 	(10) manufactured housing installers; and
102.13 	(11) (10) Habitat for Humanity and Builders Outreach Foundation, and their 
102.14 	individual volunteers when engaged in activities on their behalf.
102.15 	To qualify for the exemption in clause (5), a person must obtain a certificate of 
102.16 	exemption from licensing licensure from the commissioner.
102.17 	A certificate of exemption will be issued upon the applicant's filing with the 
102.18 	commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in 
102.19 	gross annual receipts derived from contracting activities during the calendar year for which 
102.20 	the exemption is requested performing services which require licensure under this section.
102.21 	To renew the exemption in clause (5), the applicant must file an affidavit stating that 
102.22 	the applicant did not exceed $15,000 in gross annual receipts during the past calendar 
102.23 	year, and the applicant does not expect to exceed $15,000 in gross annual receipts during 
102.24 	the calendar year for which the exemption is requested.
102.25 	If a person, operating under the exemption in clause (5), exceeds $15,000 in gross 
102.26 	receipts during any calendar year, the person must immediately surrender the exemption 
102.27 	certificate and apply for the appropriate license. The person must remain licensed until 
102.28 	such time as the person's gross annual receipts during a calendar year fall below $15,000. 
102.29 	The person may then apply for this an exemption for the next calendar year.

102.30 	Sec. 9. Minnesota Statutes 2004, section 326.841, is amended to read:
102.31 	326.841 MANUFACTURED HOME INSTALLERS.
102.32 	(a) Manufactured home installers are subject to all of the requirements of sections  
102.33 	326.83 to  326.98, except for the following: 
102.34 	(1) manufactured home installers are not members of the advisory council under 
102.35 	section  326.85; 
103.1 	(2) (1) manufactured home installers are not subject to the continuing education 
103.2 	requirements of section  326.87; 
103.3 	(3) (2) the examination requirement of section  326.89, subdivision 3, for 
103.4 	manufactured home installers shall be satisfied by successful completion of a written 
103.5 	examination designed administered and developed specifically for the examination of 
103.6 	manufactured home installers. The examination must be designed administered and 
103.7 	developed by the commissioner in conjunction with the state building code division. The 
103.8 	commissioner and State Building Code Division the state building official shall seek 
103.9 	advice on the grading, monitoring, and updating of examinations from the Minnesota 
103.10 	Manufactured Housing Association; 
103.11 	(4) the amount of the bond required by section  326.94 shall be $2,500 for 
103.12 	manufactured home installers; 
103.13 	(5) (3) a local government unit may not place a surcharge on a license fee, and 
103.14 	may not charge a separate fee to installers;
103.15 	(6) (4) a dealer or distributor who does not install or repair manufactured homes is 
103.16 	exempt from licensure under sections  326.83 to  326.98; and 
103.17 	(7) (5) the exemption under section  326.84, subdivision 3, clause (5), does not apply. 
103.18 	(b) Manufactured home installers are subject to all of the requirements of sections 
103.19 	326.83 to 326.98, except the contractor recovery fund in section 326.975.

103.20 	Sec. 10. Minnesota Statutes 2004, section 326.842, is amended to read:
103.21 	326.842 RESIDENTIAL ROOFERS.
103.22 	Residential roofers are subject to all of the requirements of sections  326.83 to  326.98
103.23 	and  326.991, except the recovery fund in section  326.975. 

103.24 	Sec. 11. Minnesota Statutes 2004, section 326.86, is amended to read:
103.25 	326.86 FEES.
103.26 		Subdivision 1.Licensing fee. The licensing fee for persons licensed pursuant to 
103.27 	sections  326.83 to  326.991 326.98 is $100 per year. 
103.28 		Subd. 2.Local surcharge. A local government unit may place a surcharge in an 
103.29 	amount no greater than $5 on each building permit that requires a licensed residential 
103.30 	building contractor, residential remodeler, or specialty contractor residential roofer, or 
103.31 	manufactured home installer for the purpose of license verification. The local government 
103.32 	may verify a license by telephone or, facsimile machine or electronic communication.

104.1 	Sec. 12. Minnesota Statutes 2004, section 326.87, is amended to read:
104.2 	326.87 CONTINUING EDUCATION.
104.3 		Subdivision 1.Standards. The commissioner, in consultation with the council, may
104.4 	by rule adopt standards for continuing education requirements and course and instructor 
104.5 	approval. The standards must include requirements for continuing education in the 
104.6 	implementation of energy codes applicable to buildings and other building codes designed 
104.7 	to conserve energy. Except for the course content, the standards must be consistent 
104.8 	with the standards established for real estate agents and other professions licensed by 
104.9 	the Department of Commerce. At a minimum, the content of one hour of any required 
104.10 	continuing education must contain information on lead abatement rules and safe lead 
104.11 	abatement procedures.
104.12 		Subd. 2.Hours. A qualifying person of a licensee must provide proof of completion 
104.13 	of seven hours of continuing education per year in the regulated industry in which the 
104.14 	licensee is licensed. To the extent the commissioner considers it appropriate, courses or 
104.15 	parts of courses may be considered to satisfy both continuing education requirements 
104.16 	under this section and continuing real estate education requirements.
104.17 	Credit may not be earned if the licensee has previously obtained credit for the same 
104.18 	course as either a student or instructor during the same licensing period.
104.19 		Subd. 3.Accessibility. To the extent possible, the commissioner shall ensure that 
104.20 	continuing education courses are offered throughout the state and are easily accessible 
104.21 	to all licensees.
104.22 		Subd. 4.Renewal of accreditation approval. The commissioner is authorized to 
104.23 	establish a procedure for renewal of course accreditation approval.
104.24 		Subd. 5.Content. (a) Continuing education consists of approved courses that 
104.25 	impart appropriate and related knowledge in the regulated industries pursuant to sections 
104.26 	326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related 
104.27 	knowledge is upon the person seeking approval or credit.
104.28 	(b) Course examinations will not be required for continuing education courses 
104.29 	unless they are required by the sponsor.
104.30 	(c) Textbooks are not required to be used for continuing education courses. If 
104.31 	textbooks are not used, the coordinator must provide students with a syllabus containing, 
104.32 	at a minimum, the course title, the times and dates of the course offering, the names and 
104.33 	addresses or telephone numbers of the course coordinator and instructor, and a detailed 
104.34 	outline of the subject materials to be covered. Any written or printed material given to 
104.35 	students must be of readable quality and contain accurate and current information.
105.1 	(d) Upon completion of an approved course, licensees shall earn one hour of 
105.2 	continuing education credit for each hour approved by the commissioner. Each continuing 
105.3 	education course must be attended in its entirety in order to receive credit for the number 
105.4 	of approved hours. Courses may be approved for full or partial credit, and for more than 
105.5 	one regulated industry.
105.6 	Continuing education credit in an approved course shall be awarded to presenting 
105.7 	instructors on the basis of one credit for each hour of preparation for the initial presentation, 
105.8 	which may not exceed three hours total credit for each approved course. Continuing 
105.9 	education credit may not be earned if the licensee has previously obtained credit for the 
105.10 	same course as a licensee or as an instructor within the three years immediately prior.
105.11 	(e) The following courses will not be approved for credit:
105.12 	(1) courses designed solely to prepare students for a license examination;
105.13 	(2) courses in mechanical office or business skills, including typing, speed reading, 
105.14 	or other machines or equipment. Computer courses are allowed, if appropriate and related 
105.15 	to the regulated industry of the licensee;
105.16 	(3) courses in sales promotion, including meetings held in conjunction with the 
105.17 	general business of the licensee;
105.18 	(4) courses in motivation, salesmanship, psychology, time management, or 
105.19 	communication; or
105.20 	(5) courses that are primarily intended to impart knowledge of specific products of 
105.21 	specific companies, if the use of the product or products relates to the sales promotion or 
105.22 	marketing of one or more of the products discussed.
105.23 		Subd. 6.Course approval. (a) Courses must be approved by the commissioner 
105.24 	in advance and will be approved on the basis of the applicant's compliance with the 
105.25 	provisions of this section relating to continuing education in the regulated industries. The 
105.26 	commissioner shall make the final determination as to the approval and assignment of 
105.27 	credit hours for courses. Courses must be at least one hour in length.
105.28 	Individuals requesting credit for continuing education courses that have not 
105.29 	been previously approved shall, on a form prescribed by the commissioner, submit an 
105.30 	application for approval of continuing education credit accompanied by a nonrefundable 
105.31 	fee of $10 for each course to be reviewed. To be approved, courses must be in compliance 
105.32 	with the provisions of this section governing the types of courses that will and will not 
105.33 	be approved.
105.34 	Approval will not be granted for time spent on meals or other unrelated activities. 
105.35 	Breaks may not be accumulated in order to dismiss the class early. Classes shall not be 
106.1 	offered by a provider to any one student for longer than eight hours in one day, excluding 
106.2 	meal breaks.
106.3 	(b) Application for course approval must be submitted 30 days before the course 
106.4 	offering.
106.5 	(c) Approval must be granted for a subsequent offering of identical continuing 
106.6 	education courses without requiring a new application if a notice of the subsequent 
106.7 	offering is filed with the commissioner at least 30 days in advance of the date the course is 
106.8 	to be held. The commissioner shall deny future offerings of courses if they are found not 
106.9 	to be in compliance with the laws relating to course approval.
106.10 		Subd. 7.Courses open to all. All course offerings must be open to any interested 
106.11 	individuals. Access may be restricted by the sponsor based on class size only. Courses 
106.12 	must not be approved if attendance is restricted to any particular group of people, except 
106.13 	for company-sponsored courses allowed by applicable law.
106.14 		Subd. 8.Course coordinator. (a) Each course of study shall have at least one 
106.15 	coordinator, approved by the commissioner, who is responsible for supervising the 
106.16 	program and ensuring compliance with all relevant law. Sponsors may engage an 
106.17 	additional approved coordinator in order to assist the coordinator or to act as a substitute 
106.18 	for the coordinator in the event of an emergency or illness.
106.19 	(b) The commissioner shall approve as a coordinator a person meeting one or more 
106.20 	of the following criteria:
106.21 	(1) at least three years of full-time experience in the administration of an education 
106.22 	program during the five-year period immediately before the date of application;
106.23 	(2) a degree in education plus two years' experience during the immediately 
106.24 	preceding five-year period in one of the regulated industries for which courses are being 
106.25 	approved; or
106.26 	(3) a minimum of five years' experience within the previous six years in the 
106.27 	regulated industry for which courses are held.
106.28 		Subd. 9.Responsibilities. A coordinator is responsible for:
106.29 	(1) ensuring compliance with all laws and rules relating to continuing educational 
106.30 	offerings governed by the commissioner;
106.31 	(2) ensuring that students are provided with current and accurate information relating 
106.32 	to the laws and rules governing their licensed activity;
106.33 	(3) supervising and evaluating courses and instructors. Supervision includes 
106.34 	ensuring that all areas of the curriculum are addressed without redundancy and that 
106.35 	continuity is present throughout the entire course;
106.36 	(4) ensuring that instructors are qualified to teach the course offering;
107.1 	(5) furnishing the commissioner, upon request, with copies of course and instructor 
107.2 	evaluations and qualifications of instructors. Evaluations must be completed by students at 
107.3 	the time the course is offered and by coordinators within five days after the course offering;
107.4 	(6) investigating complaints related to course offerings or instructors. A copy of 
107.5 	the written complaint must be sent to the commissioner within ten days of receipt of 
107.6 	the complaint and a copy of the complaint resolution must be sent not more than ten 
107.7 	days after resolution is reached;
107.8 	(7) maintaining accurate records relating to course offerings, instructors, tests 
107.9 	taken by students if required, and student attendance for a period of three years from the 
107.10 	date on which the course was completed. These records must be made available to the 
107.11 	commissioner upon request. In the event that a sponsor ceases operation for any reason, 
107.12 	the coordinator is responsible for maintaining the records or providing a custodian for the 
107.13 	records acceptable to the commissioner. The coordinator must notify the commissioner 
107.14 	of the name and address of that person. In order to be acceptable to the commissioner, 
107.15 	custodians must agree to make copies of acknowledgments available to students at a 
107.16 	reasonable fee. Under no circumstances will the commissioner act as custodian of the 
107.17 	records;
107.18 	(8) ensuring that the coordinator is available to instructors and students throughout 
107.19 	course offerings and providing to the students and instructor the name of the coordinator 
107.20 	and a telephone number at which the coordinator can be reached;
107.21 	(9) attending workshops or instructional programs as reasonably required by the 
107.22 	commissioner;
107.23 	(10) providing course completion certificates within ten days of, but not before, 
107.24 	completion of the entire course. Course completion certificates must be completed in 
107.25 	their entirety. Course completion certificates must contain the following statement: "If 
107.26 	you have any comments about this course offering, please mail them to the Minnesota 
107.27 	Department of Labor and Industry." The current address of the department must be 
107.28 	included. A coordinator may require payment of the course tuition as a condition for 
107.29 	receiving the course completion certificate; and
107.30 	(11) notifying the commissioner in writing within ten days of any change in the 
107.31 	information set forth in an application for approval on file with the commissioner.
107.32 		Subd. 10.Instructors. (a) Each continuing education course shall have an instructor 
107.33 	who is qualified by education, training, or experience to ensure competent instruction. 
107.34 	Failure to have only qualified instructors teach at an approved course offering will result 
107.35 	in loss of course approval. Coordinators are responsible to ensure that an instructor is 
107.36 	qualified to teach the course offering.
108.1 	(b) Qualified continuing education instructors must have one of the following 
108.2 	qualifications:
108.3 	(1) a four-year degree in any area plus two years' practical experience in the subject 
108.4 	area being taught;
108.5 	(2) five years' practical experience in the subject area being taught; or
108.6 	(3) a college or graduate degree in the subject area being taught.
108.7 	(c) Approved instructors are responsible for:
108.8 	(1) compliance with all laws and rules relating to continuing education;
108.9 	(2) providing students with current and accurate information;
108.10 	(3) maintaining an atmosphere conducive to learning in the classroom;
108.11 	(4) verifying attendance of students, and certifying course completion;
108.12 	(5) providing assistance to students and responding to questions relating to course 
108.13 	materials; and
108.14 	(6) attending the workshops or instructional programs that are required by the 
108.15 	commissioner.
108.16 		Subd. 11.Prohibited practices for coordinators and instructors. (a) In 
108.17 	connection with an approved continuing education course, coordinators and instructors 
108.18 	shall not:
108.19 	(1) recommend or promote the services or practices of a particular business;
108.20 	(2) encourage or recruit individuals to engage the services of, or become associated 
108.21 	with, a particular business;
108.22 	(3) use materials, clothing, or other evidences of affiliation with a particular entity;
108.23 	(4) require students to participate in other programs or services offered by the 
108.24 	instructor, coordinator, or sponsor;
108.25 	(5) attempt, either directly or indirectly, to discover questions or answers on an 
108.26 	examination for a license;
108.27 	(6) disseminate to any other person specific questions, problems, or information 
108.28 	known or believed to be included in licensing examinations;
108.29 	(7) misrepresent any information submitted to the commissioner;
108.30 	(8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in 
108.31 	the course outline approved by the commissioner during the approved instruction; or
108.32 	(9) issue inaccurate course completion certificates.
108.33 	(b) Coordinators shall notify the commissioner within ten days of a felony or 
108.34 	gross misdemeanor conviction or of disciplinary action taken against an occupational or 
108.35 	professional license held by the coordinator or an instructor teaching an approved course. 
109.1 	The notification shall be grounds for the commissioner to withdraw the approval of the 
109.2 	coordinator and to disallow the use of the instructor.
109.3 		Subd. 12.Fees. Fees for an approved course of study and related materials must 
109.4 	be clearly identified to students. In the event that a course is canceled for any reason, all 
109.5 	fees must be returned within 15 days from the date of cancellation. In the event that a 
109.6 	course is postponed for any reason, students shall be given the choice of attending the 
109.7 	course at a later date or having their fees refunded in full within 15 days from the date 
109.8 	of postponement. If a student is unable to attend a course or cancels the registration in a 
109.9 	course, sponsor policies regarding refunds shall govern.
109.10 		Subd. 13.Facilities. Each course of study must be conducted in a classroom 
109.11 	or other facility that is adequate to comfortably accommodate the instructors and the 
109.12 	number of students enrolled. The sponsor may limit the number of students enrolled in a 
109.13 	course. Approved courses may be held on the premises of a company doing business in 
109.14 	the regulated area only when the company is sponsoring the course offering, or where 
109.15 	product application is appropriate and related.
109.16 		Subd. 14.Supplementary materials. An adequate supply of supplementary 
109.17 	materials to be used or distributed in connection with an approved course must be available 
109.18 	at the time and place of the course offering in order to ensure that each student receives all 
109.19 	of the necessary materials. Outlines and any other materials that are reproduced must be 
109.20 	of readable quality.
109.21 		Subd. 15.Advertising courses. (a) Paragraphs (b) to (g) govern the advertising 
109.22 	of continuing education courses.
109.23 	(b) Advertising must be truthful and not deceptive or misleading. Courses may not 
109.24 	be advertised in any manner as approved unless approval has been granted in writing by 
109.25 	the commissioner.
109.26 	(c) No advertisement, pamphlet, circular, or other similar materials pertaining to 
109.27 	an approved offering may be circulated or distributed in this state, unless the following 
109.28 	statement is prominently displayed:
109.29 	"This course has been approved by the Minnesota Department of Labor and Industry 
109.30 	for ....... (approved number of hours) hours for continuing ....... (relevant industry) 
109.31 	education."
109.32 	(d) Advertising of approved courses must be clearly distinguishable from the 
109.33 	advertisement of other nonapproved courses and services.
109.34 	(e) Continuing education courses may not be advertised before approval unless the 
109.35 	course is described in the advertising as "approval pending" and an application for approval 
109.36 	has been timely submitted to the commissioner and a denial has not been received.
110.1 	(f) The number of hours for which a course has been approved must be prominently 
110.2 	displayed on an advertisement for the course. If the course offering is longer than the 
110.3 	number of hours of credit to be given, it must be clear that credit is not earned for the 
110.4 	entire course.
110.5 	(g) The course approval number must not be included in any advertisement.
110.6 		Subd. 16.Notice to students. At the beginning of each approved offering, the 
110.7 	following notice must be handed out in printed form or must be read to students: 
110.8 	"This educational offering is recognized by the Minnesota Department of Labor and 
110.9 	Industry as satisfying ....... (insert number of hours approved) hours of credit toward 
110.10 	continuing ....... (insert appropriate industry) education requirements."
110.11 		Subd. 17.Audits. The commissioner reserves the right to audit subject offerings 
110.12 	with or without notice to the sponsor.
110.13 		Subd. 18.Falsification of reports. A licensee, its qualified person, or an applicant 
110.14 	found to have falsified an education report to the commissioner shall be considered to 
110.15 	have violated the laws relating to the industry for which the person has a license and 
110.16 	shall be subject to censure, limitation, condition, suspension, or revocation of the license 
110.17 	or denial of the application for licensure.
110.18 	The commissioner reserves the right to audit a licensee's continuing education 
110.19 	records.
110.20 		Subd. 19.Waivers and extensions. If a licensee provides documentation to the 
110.21 	commissioner that the licensee or its qualifying person is unable, and will continue to be 
110.22 	unable, to attend actual classroom course work because of a physical disability, medical 
110.23 	condition, or similar reason, attendance at continuing education courses shall be waived 
110.24 	for a period not to exceed one year. The commissioner shall require that the licensee or 
110.25 	its qualifying person satisfactorily complete a self-study program to include reading a 
110.26 	sufficient number of textbooks, or listening to a sufficient number of tapes, related to the 
110.27 	regulated industry, as would be necessary for the licensee to satisfy continuing educational 
110.28 	credit hour needs. The commissioner shall award the licensee credit hours for a self-study 
110.29 	program by determining how many credit hours would be granted to a classroom course 
110.30 	involving the same material and giving the licensee the same number of credit hours under 
110.31 	this part. The licensee may apply each year for a new waiver upon the same terms and 
110.32 	conditions as were necessary to secure the original waiver, and must demonstrate that in 
110.33 	subsequent years, the licensee was unable to complete actual classroom course work. 
110.34 	The commissioner may request documentation of the condition upon which the request 
110.35 	for waiver is based as is necessary to satisfy the commissioner of the existence of the 
110.36 	condition and that the condition does preclude attendance at continuing education courses.
111.1 	Upon written proof demonstrating a medical hardship, the commissioner shall 
111.2 	extend, for up to 90 days, the time period during which the continuing education must be 
111.3 	successfully completed. Loss of income from either attendance at courses or cancellation 
111.4 	of a license is not a bona fide financial hardship. Requests for extensions must be 
111.5 	submitted to the commissioner in writing no later than 60 days before the education is 
111.6 	due and must include an explanation with verification of the hardship, plus verification of 
111.7 	enrollment at an approved course of study on or before the extension period expires.
111.8 		Subd. 20.Reporting requirements. Required continuing education must be 
111.9 	reported in a manner prescribed by the commissioner. Licensees are responsible for 
111.10 	maintaining copies of course completion certificates.
111.11 		Subd. 21.Residential building contractor, residential remodeler, and residential 
111.12 	roofer education. (a) Each licensee must, during the licensee's first complete continuing 
111.13 	education reporting period, complete and report one hour of continuing education relating 
111.14 	to lead abatement rules in safe lead abatement procedures.
111.15 	(b) Each licensee must, during each continuing education reporting period, complete 
111.16 	and report one hour of continuing education relating to energy codes for buildings and 
111.17 	other building codes designed to conserve energy.
111.18 		Subd. 22.Continuing education approval. (a) Continuing education courses must 
111.19 	be approved in advance by the commissioner of labor and industry. "Sponsor" means any 
111.20 	person or entity offering approved education.
111.21 	(b) For coordinators with an initial approval date before August 1, 2005, approval 
111.22 	will expire on December 31, 2005. For courses with an initial approval date on or before 
111.23 	December 31, 2000, approval will expire on April 30, 2006. For courses with an initial 
111.24 	approval date after January 1, 2001, but before August 1, 2005, approval will expire 
111.25 	on April 30, 2007.
111.26 		Subd. 23.Continuing education fees. The following fees shall be paid to the 
111.27 	commissioner:
111.28 	(1) initial course approval, $10 for each hour or faction of one hour of continuing 
111.29 	education course approval sought. Initial course approval expires on the last day of the 
111.30 	24th month after the course is approved;
111.31 	(2) renewal of course approval, $10 per course. Renewal of course approval expires 
111.32 	on the last day of the 24th month after the course is renewed;
111.33 	(3) initial coordinator approval, $100. Initial coordinator approval expires on the last 
111.34 	day of the 24th month after the coordinator is approved; and
111.35 	(4) renewal of coordinator approval, $10. Renewal of coordinator approval expires 
111.36 	on the last day of the 24th month after the coordinator is renewed.
112.1 		Subd. 24......... All fees paid to the commissioner under this section are 
112.2 	nonrefundable, except that an overpayment of a fee shall be returned upon proper 
112.3 	application.

112.4 	Sec. 13. Minnesota Statutes 2004, section 326.88, is amended to read:
112.5 	326.88 LOSS OF QUALIFYING PERSON.
112.6 	Upon the departure or disqualification of a licensee's qualifying person because of 
112.7 	death, disability, retirement, position change, or other reason, the licensee must notify 
112.8 	the commissioner within 15 business days. The licensee shall have 120 days from the 
112.9 	departure of the qualifying person to obtain a new qualifying person. Failure to secure a 
112.10 	new qualifying person within 120 days will, with or without notice, result in the automatic 
112.11 	termination of the license.

112.12 	Sec. 14. Minnesota Statutes 2004, section 326.89, is amended to read:
112.13 	326.89 APPLICATION AND EXAMINATION.
112.14 		Subdivision 1.Form. An applicant for a license under sections  326.83 to 326.98
112.15 	must submit an application to the commissioner, under oath and accompanied by the 
112.16 	license fee required by section 326.86, on a form prescribed by the commissioner. 
112.17 	Within 30 business days of receiving all required information, the commissioner must 
112.18 	act on the license request. If one of the categories in the application does not apply, the 
112.19 	applicant must identify the category and state the reason the category does not apply. The 
112.20 	commissioner may refuse to issue a license if the application is not complete or contains 
112.21 	unsatisfactory information. 
112.22 		Subd. 2.Contents. The Each application must include the following information 
112.23 	regarding the applicant:
112.24 	(1) Minnesota workers' compensation insurance certificate;
112.25 	(2) employment insurance account number;
112.26 	(3) certificate of liability insurance;
112.27 	(4) type of license requested;
112.28 	(5) name and, current address of the applicant:, and telephone number where the 
112.29 	applicant resides;
112.30 	(i) (6) name and address of the applicant's qualifying person, if other than applicant; 
112.31 	and
112.32 	(ii) (7) if the applicant is a sole proprietorship, the name and address of the sole 
112.33 	proprietor; if the applicant is a partnership, the name and address of each partner; if the 
112.34 	applicant is a limited liability company, the name and address of each governor and 
113.1 	manager; if the applicant is a corporation, the name and address of each of the corporate 
113.2 	officers, directors, and all shareholders holding more than ten percent of the outstanding 
113.3 	stock in the corporation;
113.4 	(8) name and address of the applicant's agent in this state authorized to receive 
113.5 	service of process, and a consent to service of process as required by section 326.93;
113.6 	(9) current street address and telephone number where the business is physically 
113.7 	located;
113.8 	(6) (10) whether the applicant, any employee, or qualifying person has ever been 
113.9 	licensed in this or any other state and has had a professional or vocational license
113.10 	reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been 
113.11 	the subject of any administrative action;
113.12 	(7) (11) whether the applicant, qualifying person, or any of the applicant's corporate 
113.13 	or partnership directors, limited liability company governors, officers, limited or general 
113.14 	partners, managers, all shareholders holding more than ten percent of the share of the 
113.15 	corporation that have been issued, or all members holding more than ten percent of the 
113.16 	voting power of the membership interests that have been issued, has been convicted 
113.17 	of a crime that either related directly to the business for which the license is sought or 
113.18 	involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil 
113.19 	action involving fraud, misrepresentation, construction defect, negligence, or breach 
113.20 	of contract, or conversion of funds within the ten years prior to the submission of the 
113.21 	application; or has had any government license or permit reprimanded, censured, limited, 
113.22 	conditioned, suspended, or revoked as a result of an action brought by a federal, state, or 
113.23 	local governmental unit or agency in this or any other state;
113.24 	(8) (12) the applicant's and qualifying person's business history for the past five 
113.25 	years and whether the applicant, any a managing employee, or qualifying person has ever 
113.26 	filed for bankruptcy or protection from creditors or has any unsatisfied judgments against 
113.27 	the applicant, employee, or qualifying person;
113.28 	(9) (13) where the applicant is a firm, partnership, sole proprietorship, limited 
113.29 	liability company, corporation, or association, whether there has been a sale or transfer of 
113.30 	the business or other change in ownership, control, or name in the last five years and the 
113.31 	details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated, 
113.32 	parent, or related entities, and whether each such entity, or its owners, officers, directors, 
113.33 	members or shareholders holding more than ten percent of the stock, or an employee has 
113.34 	ever taken or been subject to an action that is subject to clause (6), (7), or (8) (10), (11), 
113.35 	or (12) in the last ten years; and
114.1 	(10) (14) whether the qualifying person is the qualifying person for more than one 
114.2 	licensee.
114.3 	For purposes of this subdivision, "applicant" includes employees who exercise 
114.4 	management or policy control over the residential contracting and remodeling, residential 
114.5 	remodeling, residential roofing, or manufactured home installation activities in the state 
114.6 	of Minnesota, including affiliates, partners, directors, governors, officers, limited or 
114.7 	general partners, managers, all shareholders holding more than ten percent of the shares 
114.8 	that have been issued, a shareholder holding more than ten percent of the voting power 
114.9 	of the shares that have been issued, or all members holding more than ten percent of the 
114.10 	membership interests that have been issued or more than ten percent of the voting power 
114.11 	of the membership interests that have been issued.
114.12 	The commissioner may require further information as the commissioner deems 
114.13 	appropriate to administer the provisions and further the purposes of this chapter.
114.14 		Subd. 3.Examination. (a) Each qualifying person must satisfactorily complete a 
114.15 	written examination for the type of license requested. The commissioner may establish 
114.16 	the examination qualifications, including related education experience and education, the 
114.17 	examination procedure, and the examination for each licensing group. The examination 
114.18 	must include at a minimum the following areas:
114.19 	(1) appropriate knowledge of technical terms commonly used and the knowledge of 
114.20 	reference materials and code books to be used for technical information; and
114.21 	(2) understanding of the general principles of business management and other 
114.22 	pertinent state laws.
114.23 	(b) Each examination must be designed for the specified type of license requested. 
114.24 	The council shall advise the commissioner on the grading, monitoring, and updating of 
114.25 	examinations.
114.26 	(c) A person's An individual's passing examination results expire two years from 
114.27 	the examination date. A person An individual who passes the examination but does not 
114.28 	choose to apply to act as a qualifying person for a licensee within two years from the 
114.29 	examination date, must, upon application provide:
114.30 	(1) passing examination results within two years from the date of application; or
114.31 	(2) proof that the person has fulfilled the continuing education requirements in 
114.32 	section  326.87 in the manner required for a qualifying person of a licensee for each license 
114.33 	period after the expiration of the examination results. 
114.34 		Subd. 4.Competency skills. The commissioner shall, in consultation with the 
114.35 	council, determine the competency skills and installation knowledge required for the 
114.36 	licensing of specialty contractors.
115.1 		Subd. 5.Exemption. A general retailer whose primary business is not being a 
115.2 	residential building contractor, residential remodeler, or specialty contractor residential 
115.3 	roofer, or manufactured home installer,  and who has completed a comparable license 
115.4 	examination meeting or exceeding Minnesota's examination requirements in another state 
115.5 	is exempt from subdivisions subdivision 3 and 4 and sections  326.87 and  326.88. 
115.6 		Subd. 6.Additional licensing requirements. As an alternative to denying an 
115.7 	application for licensure pursuant to section  326.91, subdivision 1, the commissioner 
115.8 	may, as a condition of licensure and based upon information received pursuant to 
115.9 	section  326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section  326.91, 
115.10 	subdivision 1, clauses (1) to (9), impose additional insurance, bonding, reporting, record 
115.11 	keeping, and other requirements on the applicant as are reasonable to protect the public. 
115.12 		Subd. 7.License. A nonresident of Minnesota may be licensed as a residential 
115.13 	building contractor, residential remodeler, residential roofer, or manufactured home 
115.14 	installer upon compliance with all the provisions of sections 326.83 to 326.98.

115.15 	Sec. 15. Minnesota Statutes 2004, section 326.90, subdivision 1, is amended to read:
115.16 		Subdivision 1.Local license prohibited. Except as provided in sections  326.90, 
115.17 	subdivision 2, and  326.991, a political subdivision may not require a person licensed 
115.18 	under sections  326.83 to  326.991 326.98 to also be licensed or pay a registration or other 
115.19 	fee related to licensure under any ordinance, law, rule, or regulation of the political 
115.20 	subdivision. This section does not prohibit charges for building permits or other charges 
115.21 	not directly related to licensure. 

115.22 	Sec. 16. Minnesota Statutes 2004, section 326.91, subdivision 1, is amended to read:
115.23 		Subdivision 1.Cause Grounds. The commissioner may by order deny, suspend, or 
115.24 	revoke any license or may censure a licensee, and may impose a civil penalty as provided 
115.25 	for in section  45.027, subdivision 6, if the commissioner finds that the order is in the 
115.26 	public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or 
115.27 	other agent, owner, partner, director, governor, shareholder, member, officer, qualifying 
115.28 	person, or managing employee of the applicant or licensee or any person occupying a 
115.29 	similar status or performing similar functions:  In addition to the grounds set forth in 
115.30 	section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place 
115.31 	conditions on, or revoke a license or certificate of exemption, or may censure the person 
115.32 	holding the license or certificate of exemption, if the applicant, licensee, certificate of 
115.33 	exemption holder, qualified person, or affiliate of an applicant, licensee, or certificate of 
115.34 	exemption holder, or other agent owner has:
116.1 	(1) has filed an application for a license licensure or a certificate of exemption
116.2 	which is incomplete in any material respect or contains any statement which, in light 
116.3 	of the circumstances under which it is made, is false or misleading with respect to any 
116.4 	material fact;
116.5 	(2) has engaged in a fraudulent, deceptive, or dishonest practice;
116.6 	(3) is permanently or temporarily enjoined by any court of competent jurisdiction 
116.7 	from engaging in or continuing any conduct or practice involving any aspect of the 
116.8 	business;
116.9 	(4) has failed to reasonably supervise employees, agents, subcontractors, or 
116.10 	salespersons, or has performed negligently or in breach of contract, so as to cause injury 
116.11 	or harm to the public;
116.12 	(5) has violated or failed to comply with any provision of sections  326.83 to  326.98
116.13 	or, any rule or order under sections  326.83 to  326.98 or any other law, rule, or order related 
116.14 	to the duties and responsibilities entrusted to the commissioner; 
116.15 	(6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
116.16 	(7) (6) has been convicted of a violation of the State Building Code or, in 
116.17 	jurisdictions that do not enforce the State Building Code, has refused to comply with 
116.18 	a notice of violation or stop order issued by a certified building official, or in local 
116.19 	jurisdictions that have not adopted the State Building Code has refused to correct a 
116.20 	violation of the State Building Code when the violation has been certified documented 
116.21 	or a notice of violation or stop order issued by a Minnesota licensed structural engineer
116.22 	certified building official has been received;
116.23 	(8) (7) has failed to use the proceeds of any payment made to the licensee for the 
116.24 	construction of, or any improvement to, residential real estate, as defined in section  326.83, 
116.25 	subdivision 17, for the payment of labor, skill, material, and machinery contributed to the 
116.26 	construction or improvement, knowing that the cost of any labor performed, or skill, 
116.27 	material, or machinery furnished for the improvement remains unpaid; 
116.28 	(9) (8) has not furnished to the person making payment either a valid lien waiver as to 
116.29 	any unpaid labor performed, or skill, material, or machinery furnished for an improvement, 
116.30 	or a payment bond in the basic amount of the contract price for the improvement 
116.31 	conditioned for the prompt payment to any person or persons entitled to payment;
116.32 	(10) has engaged in conduct which was the basis for a contractor's recovery fund 
116.33 	payment pursuant to section  326.975, which payment has not been reimbursed; (9) has 
116.34 	engaged in an act or practice that results in compensation to an aggrieved owner or lessee 
116.35 	from the contractor recovery fund pursuant to section 36B.825, unless:
117.1 	(i) the applicant or licensee has repaid the fund twice the amount paid from the fund, 
117.2 	plus interest at the rate of 12 percent per year; and
117.3 	(ii) the applicant or licensee has obtained a surety bond in the amount of at least 
117.4 	$40,000, issued by an insurer authorized to transact business in this state.
117.5 	(11) (10) has engaged in bad faith, unreasonable delays, or frivolous claims in 
117.6 	defense of a civil lawsuit or arbitration arising out of their activities as a licensee or 
117.7 	certificate of exemption holder under this chapter;
117.8 	(12) (11) has had a judgment entered against them for failure to make payments to 
117.9 	employees or, subcontractors, or suppliers, that the licensee has failed to satisfy and all 
117.10 	appeals of the judgment have been exhausted or the period for appeal has expired;
117.11 	(13) (12) if unlicensed, has obtained a building permit by the fraudulent use of a 
117.12 	fictitious license number or the license number of another, or, if licensed, has knowingly 
117.13 	allowed an unlicensed person to use the licensee's license number for the purpose of 
117.14 	fraudulently obtaining a building permit; or has applied for or obtained a building permit 
117.15 	for an unlicensed person.
117.16 	(14) (13) has made use of a forged mechanics' mechanic's lien waivers waiver
117.17 	under chapter 514.;
117.18 	(14) has provided false, misleading or incomplete information to the commissioner 
117.19 	or has refused to allow a reasonable inspection of records or premises;
117.20 	(15) has engaged in an act or practice whether or not the act or practice directly 
117.21 	involves the business for which the person is licensed, that demonstrates that the applicant 
117.22 	or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or 
117.23 	unqualified to act under the license granted by the commissioner; or
117.24 	(16) has failed to comply with requests for information, documents, or other requests 
117.25 	from the department within the time specified in the request or, if no time is specified, 
117.26 	within 30 days of the mailing of the request by the department.

117.27 	Sec. 17. Minnesota Statutes 2004, section 326.92, is amended to read:
117.28 	326.92 PENALTIES.
117.29 		Subdivision 1.Misdemeanor. A person required to be licensed under sections  
117.30 	326.83 to  326.991 who performs unlicensed work is guilty of a misdemeanor. 
117.31 		Subd. 1a.Gross misdemeanor. A person required to be licensed under sections 
117.32 	326.84 to  326.991 who violates an order under subdivision 3 An individual who violates 
117.33 	an order of the commissioner or is the manager, officer, or director of a person who 
117.34 	violates an order issued by the commissioner is guilty of a gross misdemeanor. 
118.1 		Subd. 2.Lien rights. An unlicensed person who knowingly violates sections  326.83
118.2 	to  326.98 has no right to claim a lien under section  514.01 and the lien is void. Nothing 
118.3 	in this section affects the lien rights of material suppliers and licensed contractors to the 
118.4 	extent provided by law. 
118.5 		Subd. 3.Commissioner action. The commissioner may bring actions, including 
118.6 	cease and desist actions, against any person licensed or required to be licensed under 
118.7 	sections  326.83 to  326.991 to protect the public health, safety, and welfare. 

118.8 	Sec. 18. Minnesota Statutes 2004, section 326.921, is amended to read:
118.9 	326.921 BUILDING PERMIT CONDITIONED ON LICENSURE.
118.10 	A political subdivision shall not issue a building permit to an unlicensed person who 
118.11 	is required to be licensed under sections  326.83 to  326.991 326.98. A political subdivision 
118.12 	that issues zoning or land use permits in lieu of a building permit shall not issue those 
118.13 	permits to an unlicensed person who is required to be licensed under sections  326.83 to  
118.14 	326.991 326.98. The political subdivision shall report the person applying for the permit 
118.15 	to the commissioner who may bring an action against the person. 

118.16 	Sec. 19. Minnesota Statutes 2004, section 326.93, is amended to read:
118.17 	326.93 SERVICE OF PROCESS; NONRESIDENT LICENSING.
118.18 		Subdivision 1.License. A nonresident of Minnesota may be licensed as a residential 
118.19 	building contractor or residential remodeler upon compliance with all the provisions of 
118.20 	sections  326.83 to  326.991. 
118.21 		Subd. 2.Service of process. Service of process upon a person performing work in 
118.22 	the state of a type that would require a license under sections  326.83 to  326.98 may be 
118.23 	made as provided in section  45.028. 
118.24 		Subd. 3.Procedure. Every applicant for licensure or certificate of exemption 
118.25 	under sections 326.83 to 326.98, shall file with the commissioner, on such form as the 
118.26 	commissioner may prescribe, an irrevocable consent appointing the commissioner and 
118.27 	successors in office to be the applicant's agent to receive service of any lawful process 
118.28 	in any noncriminal suit, action, or proceeding against the applicant or a successor, 
118.29 	executor, or administrator which arises under section 326.83 to 326.98 or any rule or order 
118.30 	thereunder after the consent has been filed, with the same force and validity as if served 
118.31 	personally on the person filing the consent. Service under this section shall be made in 
118.32 	compliance with subdivision 5.
118.33 		Subd. 4.Service on commissioner. (a) When a person, including any nonresident 
118.34 	of this state, engages in conduct prohibited or made actionable by sections 326.83 to 
119.1 	326.98, or any rule or order under those sections, and the person has not filed a consent 
119.2 	to service of process under subdivision 3, that conduct is equivalent to an appointment 
119.3 	of the commissioner and successors in office as the person's agent to receive service of 
119.4 	process in any noncriminal suit, action, or proceeding against the person that is based on 
119.5 	that conduct and is brought under sections 326.83 to 326.98, or any rule or order under 
119.6 	those sections, with the same force and validity as if served personally on the person filing 
119.7 	the consent. Service under this section shall be made in compliance with subdivision 5.
119.8 	(b) Subdivision 5 applies in all other cases in which a person, including a nonresident 
119.9 	of this state, has filed a consent to service of process. This paragraph supersedes any 
119.10 	inconsistent provision of law.
119.11 	(c) Subdivision 5 applies in all cases in which service of process is allowed to be 
119.12 	made on the commissioner.
119.13 	(d) Subdivision 5 applies to any document served by the commissioner or the 
119.14 	department under section 326B.08.
119.15 		Subd. 5.How made. Service of process under this section may be made by leaving 
119.16 	a copy of the process in the office of the commissioner, or by sending a copy of the process 
119.17 	to the commissioner by certified mail, and is not effective unless: 
119.18 	(1) the plaintiff, who may be the commissioner in an action or proceeding instituted 
119.19 	by the commissioner, sends notice of the service and a copy of the process by certified 
119.20 	mail to the defendant or respondent at the last known address; and 
119.21 	(2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or 
119.22 	before the return day of the process, if any, or within further time as the court allows.

119.23 	Sec. 20. Minnesota Statutes 2004, section 326.94, is amended to read:
119.24 	326.94 BOND; INSURANCE.
119.25 		Subdivision 1.Bond. (a) Licensed manufactured home installers and licensed
119.26 	residential roofers must post a license surety bond in the name of the licensee with the 
119.27 	commissioner, conditioned that the applicant shall faithfully perform the duties and 
119.28 	in all things comply with all laws, ordinances, and rules pertaining to the license or 
119.29 	permit applied for and all contracts entered into. The annual bond must be continuous 
119.30 	and maintained for so long as the licensee remains licensed. The aggregate liability of 
119.31 	the surety on the bond to any and all persons, regardless of the number of claims made 
119.32 	against the bond, may not exceed the amount of the bond. The bond may be canceled as 
119.33 	to future liability by the surety upon 30 days' written notice mailed to the commissioner 
119.34 	by regular mail.
119.35 	(b) A licensed residential roofer must post a bond of at least $5,000.
120.1 	(c) A licensed manufactured home installer must post a bond of at least $2,500.
120.2 	Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for 
120.3 	purposes of sections 8.05 and 16C.05, subdivision 2.
120.4 		Subd. 2.Insurance. Licensees must have public liability insurance with limits of at 
120.5 	least $100,000 $300,000 per occurrence, which must include at least $10,000 property 
120.6 	damage coverage. The insurance must be written by an insurer licensed to do business in 
120.7 	this state. The commissioner may increase the minimum amount of insurance required 
120.8 	for any licensee or class of licensees if the commissioner considers it to be in the public 
120.9 	interest and necessary to protect the interests of Minnesota consumers.

120.10 	Sec. 21. Minnesota Statutes 2004, section 326.95, subdivision 2, is amended to read:
120.11 		Subd. 2.Advertising. The license number of a licensee must appear in any 
120.12 	advertising by that licensee including but not limited to signs, vehicles, business cards, 
120.13 	published display ads, flyers, and brochures, Web sites, and Internet ads.

120.14 	Sec. 22. Minnesota Statutes 2004, section 326.96, is amended to read:
120.15 	326.96 PUBLIC EDUCATION.
120.16 	The commissioner may develop materials and programs to educate the public 
120.17 	concerning licensing licensure requirements and methods. The commissioner may 
120.18 	develop materials for reporting unlicensed contracting activity.

120.19 	Sec. 23. Minnesota Statutes 2004, section 326.97, is amended to read:
120.20 	326.97 LICENSE RENEWAL.
120.21 		Subdivision 1.Renewal. Licensees A licensee whose applications have fully 
120.22 	completed renewal application has been properly and timely filed and who have has
120.23 	not received a notice of denial of renewal are is considered to have been approved for 
120.24 	renewal and may continue to transact business whether or not the renewed license has 
120.25 	been received. Applications are timely if received or postmarked by March 1 of the 
120.26 	renewal year. Applications must be made on a form approved by the commissioner.
120.27 	An application for renewal that does not contain all of the information requested is an 
120.28 	incomplete application and will not be processed.
120.29 		Subd. 1a.Annual renewal. Any license issued or renewed after August 1, 1993, 
120.30 	must be renewed annually.
120.31 		Subd. 2.Failure to apply renew. A person who has failed to make a timely 
120.32 	application for renewal of a license by March 31 of the renewal year is unlicensed at 
121.1 	midnight on March 31 of the renewal year and remains unlicensed until the a renewed
121.2 	license has been issued by the commissioner and is received by the applicant.
121.3 		Subd. 3.Expiration. All licenses expire at midnight on March 31 of the renewal 
121.4 	year if not properly renewed.

121.5 	Sec. 24. [326B.801] SCOPE.
121.6 	Except as otherwise provided by law, the provisions of sections 326B.801 to 
121.7 	326B.825 apply to residential contractors, residential remodelers, residential roofers, 
121.8 	and manufactured home installers.

121.9 	Sec. 25. [326B.804] LICENSE RECIPROCITY.
121.10 	The commissioner may waive all or part of the requirements for prelicense education 
121.11 	or examination to any person who holds an unexpired license or certificate issued by 
121.12 	proper authority in the District of Columbia, or any state or territory of the United States if 
121.13 	the licensing requirements of that jurisdiction meet or exceed the corresponding licensing 
121.14 	requirements of the Department of Labor and Industry.

121.15 	Sec. 26. [326B.808] CONTINUING EDUCATION.
121.16 		Subdivision 1.Words, terms, and phrases. For the purposes of sections 326B.... 
121.17 	to 326B...., the terms defined in this section have the meanings given them, unless the 
121.18 	context clearly indicates otherwise.
121.19 		Subd. 2.Appropriate and related knowledge. "Appropriate and related 
121.20 	knowledge" means facts, information, or principles that are clearly relevant to the licensee 
121.21 	in performing responsibilities under a license issued by the commissioner. These facts, 
121.22 	information, or principles must convey substantive and procedural knowledge as it relates 
121.23 	to postlicensing issues and must be relevant to the technical aspects of a particular area 
121.24 	of continuing education.
121.25 		Subd. 3.Classroom hour. "Classroom hour" means a 50-minute hour. 
121.26 		Subd. 4.Coordinator. "Coordinator" means an individual who is responsible for 
121.27 	monitoring approved educational offerings.
121.28 		Subd. 5.Instructor. "Instructor" means an individual lecturing in an approved 
121.29 	educational offering.
121.30 		Subd. 6.Licensee. "Licensee" means a person licensed by the Minnesota 
121.31 	Department of Labor and Industry for whom an examination is required before licensure.
121.32 		Subd. 7.Medical hardship. "Medical hardship" includes a documented physical 
121.33 	disability or medical condition.
122.1 		Subd. 8.Overpayment. "Overpayment" means any payment of money in excess 
122.2 	of a statutory fee.
122.3 		Subd. 9.Regulated industries. "Regulated industries" means residential 
122.4 	contracting, residential remodeling, or residential roofing. Each of these is a regulated 
122.5 	industry.
122.6 		Subd. 10.Sponsor. "Sponsor" means any person or entity offering or providing 
122.7 	approved continuing education.

122.8 	Sec. 27. [326B.809] WRITTEN CONTRACT REQUIRED.
122.9 	(a) All agreements including proposals, estimates, bids, quotations, contracts, 
122.10 	purchase orders, and change orders between a licensee and a customer for the performance 
122.11 	of a licensee's services must be in writing and must contain the following:
122.12 	(1) a detailed summary of the services to be performed;
122.13 	(2) a description of the specific materials to be used or a list of standard features 
122.14 	to be included;
122.15 	(3) the total contract price or a description of the basis on which the price will 
122.16 	be calculated;
122.17 	(4) the number of hours estimated for the completion of the project, if the work is 
122.18 	performed on a time and material basis; and
122.19 	(5) an estimated start date and completion date for the agreed upon services.
122.20 	(b) All agreements shall be signed and dated by the licensee and customer.
122.21 	(c) If an agreement is entered into as the result of a home solicitation sale, both the 
122.22 	licensee and the customer are subject to sections 325G.06 to 325G.08.
122.23 	(d) Any changes, including additions and deletions, to an agreement previously 
122.24 	signed and dated by the licensee and customer shall be set out in a change order that 
122.25 	complies with this section. All change orders must be signed and dated by the licensee 
122.26 	and customer at the time the changes are agreed to or as soon as possible thereafter.
122.27 	(e) The licensee shall provide to the customer, at no charge, a signed and dated 
122.28 	document at the time that the licensee and customer sign and date the document. 
122.29 	Documents include agreements and mechanic's lien waivers.

122.30 	Sec. 28. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
122.31 	Chapter 364 does not apply to an applicant for a license or to a licensee where 
122.32 	the underlying conduct on which the conviction is based would be grounds for denial, 
122.33 	censure, suspension, or revocation of the license.

123.1 	Sec. 29. [326B.825] CONTRACTOR RECOVERY FUND.
123.2 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms 
123.3 	have the meanings given them.
123.4 	(b) "Gross annual receipts" means the total amount derived from residential 
123.5 	contracting or residential remodeling activities, regardless of where the activities are 
123.6 	performed, and must not be reduced by costs of goods sold, expenses, losses, or any 
123.7 	other amount.
123.8 	(c) "Licensee" means a person licensed as a residential contractor or residential 
123.9 	remodeler.
123.10 	(d) "Residential real estate" means a new or existing building constructed for 
123.11 	habitation by one to four families, and includes detached garages.
123.12 	(e) "Fund" means the contractor recovery fund.
123.13 		Subd. 2.Generally. The contractor recovery fund is created in the state treasury 
123.14 	and shall be administered by the commissioner for the purposes described in this section. 
123.15 	Any interest or profit accruing from investment of money in the fund shall be credited 
123.16 	to the contractor recovery fund.
123.17 		Subd. 3.Fund fees. In addition to any other fees, a person who applies for or 
123.18 	renews a license under sections 326B.801 to 326B.825 shall pay a fee to the fund. The 
123.19 	person shall pay, in addition to the appropriate application or renewal fee, the following 
123.20 	additional fee that shall be deposited in the fund. The amount of the fee shall be based on 
123.21 	the person's gross annual receipts for the person's most recent fiscal year preceding the 
123.22 	application or renewal, on the following scale:

123.23		Fee
	Gross Annual Receipts
		
123.24		$100
	under $1,000,000
		
123.25		$150
	$1,000,000 to $5,000,000
		
123.26		$200
	over $5,000,000
		
123.27 		Subd. 4.Purpose of fund. The purpose of this fund is to:
123.28 	(1) compensate owners or lessees of residential real estate who meet the requirements 
123.29 	of this section;
123.30 	(2) reimburse the department for all legal and administrative expenses, 
123.31 	disbursements, and costs, including staffing costs, incurred in administering and defending 
123.32 	the fund;
123.33 	(3) pay for educational or research projects in the field of residential contracting to 
123.34 	further the purposes of sections 326B.801 to 326B.825; and
123.35 	(4) provide information to the public on residential contracting issues.
124.1 		Subd. 5.Payment limitations. Except as otherwise provided in this section, 
124.2 	the commissioner shall not pay compensation from the fund to an owner or a lessee 
124.3 	in an amount greater than $50,000. Except as otherwise provided in this section, the 
124.4 	commissioner shall not pay compensation from the fund to owners and lessees in an 
124.5 	amount that totals more than $75,000 per licensee. The commissioner shall not pay 
124.6 	compensation from the fund for a final judgment based on a cause of action that arose 
124.7 	before the commissioner's receipt of the licensee's fee required by subdivision 3.
124.8 		Subd. 6.Verified application. To be eligible for compensation from the fund, an 
124.9 	owner or lessee shall serve on the commissioner a verified application for compensation 
124.10 	on a form approved by the commissioner. The application shall verify the following 
124.11 	information:
124.12 	(1) the specific grounds upon which the owner or lessee seeks to recover from 
124.13 	the fund:
124.14 	(2) that the owner or the lessee has obtained a final judgment in a court of competent 
124.15 	jurisdiction against a licensee licensed under section 326B.803;
124.16 	(3) that the final judgment was obtained against the licensee on the grounds of 
124.17 	fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance 
124.18 	that arose directly out of a transaction that occurred when the licensee was licensed and 
124.19 	performing any of the special skills enumerated under section 326B.802, subdivision 19;
124.20 	(4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on 
124.21 	the owner's residential real estate, on residential real estate leased by the lessee, or on new 
124.22 	residential real estate that has never been occupied or that was occupied by the licensee 
124.23 	for less than one year prior to purchase by the owner;
124.24 	(5) that the residential real estate is located in Minnesota;
124.25 	(6) that the owner or the lessee is not the spouse of the licensee or the personal 
124.26 	representative of the licensee;
124.27 	(7) the amount of the final judgment, any amount paid in satisfaction of the final 
124.28 	judgment, and the amount owing on the final judgment as of the date of the verified 
124.29 	application; and
124.30 	(8) that the verified application is being served within two years after the judgment 
124.31 	became final.
124.32 	The owner's and the lessee's actual and direct out-of-pocket loss shall not include 
124.33 	attorney fees, interest on the loss, and interest on the final judgment obtained as a result of 
124.34 	the loss. An owner or lessee may serve a verified application regardless of whether the 
124.35 	final judgment has been discharged by a bankruptcy court. A judgment issued by a court is 
124.36 	final if all proceedings on the judgment have either been pursued and concluded or been 
125.1 	forgone, including all reviews and appeals. For purposes of this section, owners who are 
125.2 	joint tenants or tenants in common are deemed to be a single owner. For purposes of this 
125.3 	section, owners and lessees eligible for payment of compensation from the fund shall not 
125.4 	include government agencies, political subdivisions, financial institutions, and any other 
125.5 	entity that purchases, guarantees, or insures a loan secured by real estate.
125.6 		Subd. 7.Commissioner review. The commissioner shall within 120 days after 
125.7 	receipt of the verified application:
125.8 	(1) enter into an agreement with an owner or a lessee that resolves the verified 
125.9 	application for compensation from the fund; or
125.10 	(2) issue an order to the owner or the lessee accepting, modifying, or denying the 
125.11 	verified application for compensation from the fund.
125.12 	Upon receipt of an order issued under clause (2), the owner or the lessee shall have 
125.13 	30 days to serve upon the commissioner a written request for a hearing. If the owner or 
125.14 	the lessee does not serve upon the commissioner a timely written request for hearing, the 
125.15 	order issued under clause (2) shall become a final order of the commissioner that may not 
125.16 	be reviewed by any court or agency. The commissioner shall order compensation from 
125.17 	the fund only if the owner or the lessee has filed a verified application that complies with 
125.18 	subdivision 6 and if the commissioner determines based on review of the application that 
125.19 	compensation should be paid from the fund. The commissioner shall not be bound by any 
125.20 	prior settlement, compromise, or stipulation between the owner or the lessee and the 
125.21 	licensee.
125.22 		Subd. 8.Administrative hearing. If an owner or a lessee timely serves a request 
125.23 	for hearing under subdivision 7, the commissioner shall request that an administrative law 
125.24 	judge be assigned and that a hearing be conducted under the contested case provisions 
125.25 	of chapter 14 within 30 days after the service of the request for hearing upon the 
125.26 	commissioner. Upon petition of the commissioner, the administrative law judge shall 
125.27 	continue the hearing up to 60 days and upon a showing of good cause may continue the 
125.28 	hearing for such additional period as the administrative law judge deems appropriate. 
125.29 	At the hearing the owner or the lessee shall have the burden of proving by substantial 
125.30 	evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue 
125.31 	findings of fact, conclusions of law, and order. If the administrative law judge finds that 
125.32 	compensation should be paid to the owner or the lessee, the administrative law judge 
125.33 	shall order the commissioner to make payment from the fund of the amount it finds to be 
125.34 	payable pursuant to the provisions of and in accordance with the limitations contained in 
125.35 	this section. The order of the administrative law judge shall constitute the final decision of 
126.1 	the agency in the contested case. Judicial review of the administrative law judge's findings 
126.2 	of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
126.3 		Subd. 9.Satisfaction of applications for compensation. The commissioner shall 
126.4 	pay compensation from the fund to an owner or a lessee pursuant to the terms of an 
126.5 	agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final 
126.6 	order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1 
126.7 	of the fiscal year following the fiscal year during which the agreement was entered into or 
126.8 	during which the order became final, subject to the limitations of this section. At the end 
126.9 	of each fiscal year the commissioner shall calculate the amount of compensation to be 
126.10 	paid from the fund pursuant to agreements that have been entered into under subdivision 
126.11 	7, clause (1), and final orders that have been issued under subdivision 7, clause (2), or 
126.12 	subdivision 8. If the calculated amount exceeds the amount available for payment, then 
126.13 	the commissioner shall allocate the amount available among the owners and the lessees 
126.14 	in the ratio that the amount agreed to or ordered to be paid to each owner or lessee 
126.15 	bears to the amount calculated. The commissioner shall mail notice of the allocation to 
126.16 	all owners and lessees not less than 45 days following the end of the fiscal year. Any 
126.17 	compensation paid by the commissioner in accordance with this subdivision shall be 
126.18 	deemed to satisfy and extinguish any right to compensation from the fund based upon the 
126.19 	verified application of the owner or lessee.
126.20 		Subd. 10.Criminal penalty. It shall be unlawful for any person or the agent of any 
126.21 	person to knowingly file with the commissioner any application, notice, statement, or other 
126.22 	document required under the provisions of this section that is false or untrue or contains 
126.23 	any material misstatement of fact. Such conduct shall constitute a gross misdemeanor.
126.24 		Subd. 11.Right of subrogation. If the commissioner pays compensation from the 
126.25 	fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a 
126.26 	final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner 
126.27 	shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final 
126.28 	judgment in the amount of compensation paid from the fund and the owner or the lessee 
126.29 	shall assign to the commissioner all rights, title, and interest in the final judgment in 
126.30 	the amount of compensation paid. The commissioner shall deposit in the fund money 
126.31 	recovered under this subdivision.
126.32 		Subd. 12.Effect of section on commissioner's authority. Nothing contained 
126.33 	in this section shall limit the authority of the commissioner to take disciplinary action 
126.34 	against a licensee under the provisions of this chapter. A licensee's repayment in full of 
126.35 	obligations to the fund shall not nullify or modify the effect of any other disciplinary 
126.36 	proceeding brought under the provisions of this chapter.
127.1 		Subd. 13.Limitation. Nothing may obligate the fund to compensate:
127.2 	(1) insurers or sureties under subrogation or similar theories; or
127.3 	(2) owner of residential property for final judgments against a prior owner of the 
127.4 	residential property unless the claim is brought and judgment is rendered for breach of the 
127.5 	statutory warranty set forth in chapter 327A.
127.6 		Subd. 14.Condominiums or townhouses. For purposes of this section, the owner 
127.7 	or the lessee of a condominium or townhouse is considered an owner or a lessee of 
127.8 	residential property regardless of the number of residential units per building.
127.9 		Subd. 15.Accelerated compensation. Payments made from the fund to compensate 
127.10 	owners and lessees that do not exceed the jurisdiction limits for conciliation court matters 
127.11 	as specified in section 491A.01 may be paid on an accelerated basis if all of the following 
127.12 	requirements have been satisfied:
127.13 	(a) The owner or the lessee has served upon the commissioner a verified application 
127.14 	for compensation that complies with the requirements set out in subdivision 6 and the 
127.15 	commissioner determines based on review of the application that compensation should be 
127.16 	paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket 
127.17 	loss in the transaction, minus attorney fees, interest on the loss and on the judgment 
127.18 	obtained as a result of the loss, and any satisfaction of the judgment, and make payment 
127.19 	to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days 
127.20 	after the owner or lessee serves the verified application.
127.21 	(b) The commissioner may pay compensation to owners or lessees that totals not 
127.22 	more than $25,000 per licensee per fiscal year under this accelerated process. The 
127.23 	commissioner may prorate the amount of compensation paid to owners or lessees under 
127.24 	this subdivision if applications submitted by owners and lessees seek compensation in 
127.25 	excess of $25,000 against a licensee. Any unpaid portion of a verified application that 
127.26 	has been prorated under this subdivision shall be satisfied in the manner set forth in 
127.27 	subdivision 9.
127.28 		Subd. 16.Appropriation. Money in the fund is appropriated to the commissioner 
127.29 	for the purposes of this section.
127.30 		Subd. 17.Additional assessment. If the balance in the fund is at any time less than 
127.31 	the commissioner determines is necessary to carry out the purposes of this section, every 
127.32 	licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the 
127.33 	fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall 
127.34 	set the amount of assessment based on a reasonable determination of the amount that is 
127.35 	necessary to restore a balance in the fund adequate to carry out the purposes of this section.

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

128.5		Column A
	Column B
	
128.6		325E.58
	326B.820
	
128.7		326.83
	326B.802
	
128.8		326.84
	326B.803
	
128.9		326.841
	326B.805
	
128.10		326.842
	326B.806
	
128.11		326.86
	326B.807
	
128.12		326.87
	326B.810
	
128.13		326.88
	326B.811
	
128.14		326.89
	326B.812
	
128.15		326.90
	326B.813
	
128.16		326.91
	326B.815
	
128.17		326.92
	326B.816
	
128.18		326.921
	326B.817
	
128.19		326.93
	326B.818
	
128.20		326.94
	326B.819
	
128.21		326.95
	326B.821
	
128.22		326.951
	326B.822
	
128.23		326.96
	326B.823
	
128.24		326.97
	326B.824
	
128.25		326.975
	326B.825

128.26 	Sec. 31.  REPEALER.
 128.27 	Minnesota Statutes 2004, sections 326.85; 326.875; 326.91, subdivisions 2, 3, and 
128.28 	4; 326.945; 326.975, subdivisions 1a, 1b, 2, and 3; 326.98; and 326.991,  and Minnesota 
128.29 	Statutes 2005 Supplement, section 326.975, subdivision 1, are repealed.

129.1 	ARTICLE 9
129.2 	BOILERS; PRESSURE VESSELS; BOATS

129.3 	Section 1. Minnesota Statutes 2004, section 183.38, is amended to read:
129.4 	183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS; 
129.5 	LICENSES.
129.6 		Subdivision 1.All boilers inspected. The Division of Boiler Inspection
129.7 	commissioner shall inspect all boilers and pressure vessels in use not expressly excepted 
129.8 	from such inspection by law. Immediately Upon inspection the Division of Boiler 
129.9 	Inspection commissioner shall issue a certificate of inspection therefor or a certificate 
129.10 	condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and 
129.11 	certificates shall be prepared and furnished by the commissioner. The Division of Boiler 
129.12 	Inspection commissioner shall examine all applicants for engineer's licenses. The chief of 
129.13 	the Division of Boiler Inspection commissioner shall issue such license to an applicant as 
129.14 	the examination shall show the applicant is entitled to receive.
129.15 		Subd. 2.Inspector's examination. For the purpose of examining applicants for 
129.16 	license the chief of the Division of Boiler Inspection or the deputy chief commissioner
129.17 	shall fix and determine a time and place for the examinations, and give notice to all 
129.18 	applicants of the time and place. The chief or the deputy chief commissioner shall grant 
129.19 	and sign such license certificates as applicants are entitled to receive upon examination. 
129.20 	Applicants may be examined and issued certificates of competency as inspectors of boilers 
129.21 	and pressure vessels.

129.22 	Sec. 2. Minnesota Statutes 2004, section 183.39, subdivision 1, is amended to read:
129.23 		Subdivision 1.Inspector requirements. Each boiler inspector shall be a person 
129.24 	of good moral character, shall be licensed in this state as a chief grade A engineer and 
129.25 	must hold a national board commission as a boiler inspector within 12 months of being 
129.26 	employed as a boiler inspector by the department. An inspector shall not be interested in 
129.27 	the manufacture or sale of boilers or steam machinery or in any patented article required 
129.28 	or generally used in the construction of engines or boilers or their appurtenances.

129.29 	Sec. 3. Minnesota Statutes 2004, section 183.411, subdivision 2, is amended to read:
129.30 		Subd. 2.Inspection. When used for display and demonstration purposes, steam 
129.31 	farm traction engines, portable and stationary show engines and portable and stationary 
129.32 	show boilers shall be inspected every two years according to law.
130.1 	(a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly 
130.2 	by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards 
130.3 	in paragraph (b), before being certified for use in Minnesota.
130.4 	(b) Standards for inspection of show boilers shall be those established by the 
130.5 	National Board Inspection Code ANSI/NB23 and by the rules adopted by the department 
130.6 	of Labor and Industry, Division of Boiler Inspection, and as follows:
130.7 	(1) the boiler shall be subjected to the appropriate method of nondestructive 
130.8 	examination, at the owner's expense, as deemed necessary by the boiler inspector to 
130.9 	determine soundness and safety of the boiler;
130.10 	(2) the boiler shall be tested by ultrasonic examination for metal thickness (for 
130.11 	purposes of calculating the maximum allowable working pressure the thinnest reading 
130.12 	shall be used and a safety factor of six shall be used in calculating maximum allowable 
130.13 	working pressure on all non-ASME-code hobby and show boilers); and
130.14 	(3) repairs and alterations made to show boilers must be made pursuant to section  
130.15 	183.466. 
130.16 	(c) Further each such object shall successfully complete an inspection of:
130.17 	(1) the fusible plug;
130.18 	(2) the safety valve, which must be of American Society of Mechanical Engineers'
130.19 	ASME approved design and set at the maximum allowable working pressure and sealed in 
130.20 	an appropriate manner not allowing tampering with the valve setting without destroying 
130.21 	the seal; and
130.22 	(3) the boiler power piping.
130.23 	Any longitudinal cracks found in riveted longitudinal seams requires that the vessel 
130.24 	be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed, 
130.25 	the jacket must be removed prior to inspection.

130.26 	Sec. 4. Minnesota Statutes 2005 Supplement, section 183.42, is amended to read:
130.27 	183.42 INSPECTION AND REGISTRATION.
130.28 		Subdivision 1.Inspection. Every owner, lessee, or other person having charge of 
130.29 	boilers or pressure vessels subject to inspection under this chapter shall cause them to 
130.30 	be inspected by the Division of Boiler Inspection commissioner. Except as provided 
130.31 	in sections 183.411 and 183.45, boilers subject to inspection under this chapter must 
130.32 	be inspected at least annually and pressure vessels inspected at least every two years 
130.33 	except as provided under section 183.45. The commissioner shall assess a $250 penalty 
130.34 	per applicable boiler or pressure vessel for failure to have the inspection required by this 
131.1 	section and may seal the boiler or pressure vessel for refusal to allow an inspection as 
131.2 	required by this section.
131.3 		Subd. 2.Registration. Every owner, lessee, or other person having charge of 
131.4 	boilers or pressure vessels subject to inspection under this chapter, except hobby boilers 
131.5 	under section 183.411, shall register said objects with the Division of Boiler Inspection
131.6 	department. The registration shall be renewed annually and is applicable to each object 
131.7 	separately. The fee for registration of a boiler or pressure vessel shall be pursuant to 
131.8 	section 183.545, subdivision 10. The Division of Boiler Inspection department may issue 
131.9 	a billing statement for each boiler and pressure vessel on record with the division, and 
131.10 	may determine a monthly schedule of billings to be followed for owners, lessees, or other 
131.11 	persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
131.12 		Subd. 3.Certificate of registration. The Division of Boiler Inspection department
131.13 	shall issue a certificate of registration that lists the registered boilers and pressure vessels 
131.14 	at the location, expiration date of the certificate of registration, last inspection date of 
131.15 	each registered boiler and pressure vessel, and maximum allowable working pressure for 
131.16 	each registered boiler and pressure vessel. The commissioner may make an electronic 
131.17 	certificate of registration available to be printed by the owner, lessee, or other person 
131.18 	having charge of the registered boiler or pressure vessel.

131.19 	Sec. 5. Minnesota Statutes 2004, section 183.45, is amended to read:
131.20 	183.45 INSPECTION.
131.21 		Subdivision 1.Inspection requirements. All boilers and steam generators must 
131.22 	be inspected by the Division of Boiler Inspection department before they are used and 
131.23 	all boilers must be inspected at least once each year thereafter except as provided under 
131.24 	subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure 
131.25 	or hammer test, and shall ascertain by a thorough internal and external examination 
131.26 	that they are well made and of good and suitable material; that the openings for the 
131.27 	passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of 
131.28 	proper dimensions and free from obstructions; that the flues are circular in form; that the 
131.29 	arrangements for delivering the feed water are such that the boilers cannot be injured 
131.30 	thereby; and that such boilers and their connections may be safely used without danger to 
131.31 	life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions, 
131.32 	sufficient in number, and properly arranged, and that the safety valves are so adjusted as 
131.33 	to allow no greater pressure in the boilers than the amount prescribed by the inspector's 
131.34 	certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate 
131.35 	the amount of water, and suitable gauges that will correctly record the pressure; and 
132.1 	that the fusible metals are properly inserted where required so as to fuse by the heat of 
132.2 	the furnace whenever the water in the boiler falls below its prescribed limit; and that 
132.3 	provisions are made for an ample supply of water to feed the boilers at all times; and that 
132.4 	means for blowing out are provided, so as to thoroughly remove the mud and sediment 
132.5 	from all parts when under pressure.
132.6 		Subd. 2.Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000 
132.7 	pounds per hour or more capacity which has an internal continuous water treatment 
132.8 	program approved by the department and which the chief boiler inspector department has 
132.9 	determined to be in compliance with paragraph (c).
132.10 	(b) A qualifying boiler must be inspected at least once every 24 months internally 
132.11 	and externally while not under pressure and at least once every 18 months externally 
132.12 	while under pressure. If the inspector considers it necessary to conduct a hydrostatic test 
132.13 	to determine the safety of a boiler, the test must be conducted under the direction of the 
132.14 	owner, contractor, or user of the equipment under the supervision of an inspector.
132.15 	(c) The owner of a qualifying boiler must keep accurate records showing the date 
132.16 	and actual time the boiler is out of service, the reason or reasons therefor, and the chemical 
132.17 	physical laboratory analysis of samples of the boiler water taken at regular intervals of 
132.18 	not more than 48 hours of operation which adequately show the condition of the water, 
132.19 	and any elements or characteristics of the water capable of producing corrosion or other 
132.20 	deterioration of the boiler or its parts.
132.21 	(d) If an inspector determines there are substantial deficiencies in equipment or in 
132.22 	boiler water treatment operating procedures, inspections of a qualifying boiler may be 
132.23 	required once every 12 months until the chief boiler inspector commissioner finds that the 
132.24 	substantial deficiencies have been corrected.

132.25 	Sec. 6. Minnesota Statutes 2004, section 183.46, is amended to read:
132.26 	183.46 TESTS.
132.27 	In subjecting both high and low pressure boilers and pressure vessels to the 
132.28 	hydrostatic test, and to determine the safe allowable working pressure, the inspector 
132.29 	shall use the latest approved formula of the American Society of Mechanical Engineers
132.30 	ASME Code.

132.31 	Sec. 7. Minnesota Statutes 2004, section 183.465, is amended to read:
132.32 	183.465 STANDARDS OF INSPECTION.
132.33 	The engineering standards of boilers and pressure vessels for use in this state shall be 
132.34 	that established by the current edition of the construction, operation and care of, in-service 
133.1 	inspection and testing, and controls and safety devices codes of the American Society of 
133.2 	Mechanical Engineers ASME and amendments thereto and the rules of the Division of 
133.3 	Boiler Inspection adopted by the department of Labor and Industry.

133.4 	Sec. 8. Minnesota Statutes 2004, section 183.466, is amended to read:
133.5 	183.466 STANDARDS OF REPAIRS.
133.6 	The rules for repair of boilers and pressure vessels for use in this state shall be those 
133.7 	established by the National Board of Boiler and Pressure Vessel Inspectors inspection 
133.8 	code and the rules of the Division of Boiler Inspection adopted by the department of 
133.9 	Labor and Industry.

133.10 	Sec. 9. Minnesota Statutes 2004, section 183.48, is amended to read:
133.11 	183.48 SPECIAL EXAMINATION.
133.12 	At any time the inspector deems it necessary an examination shall be made of the 
133.13 	inspector shall examine any boiler or pressure vessel which there is reason to believe has 
133.14 	become unsafe, and shall notify the owners or operators thereof of any defect therein, 
133.15 	and what repairs are necessary how to correct the defect. Such boiler or pressure vessel 
133.16 	shall not thereafter be used until so repaired the defect is corrected. Boilers found to be 
133.17 	operated by unlicensed or improperly licensed persons shall not be used until the operators 
133.18 	are properly licensed. If circumstances warrant continued operation, approval may be 
133.19 	given for continuing operation for a specific period of time, not to exceed 30 days, at the 
133.20 	discretion of the boiler inspector.

133.21 	Sec. 10. Minnesota Statutes 2004, section 183.501, is amended to read:
133.22 	183.501 LICENSE REQUIREMENT.
133.23 	(a) No person individual shall be entrusted with the operation of or operate any 
133.24 	boiler, steam engine, or turbine who has not received a license of grade covering that 
133.25 	boiler, steam engine or turbine. The license shall be renewed annually, except as provided 
133.26 	in section 183.411. When a violation of this section occurs the Division of Boiler 
133.27 	Inspection may cause a complaint to be made for the prosecution of the offender and shall 
133.28 	be entitled to sue for and obtain injunctive relief in the district courts for such violations.
133.29 	(b) For purposes of this chapter, "operation" shall not include monitoring of an 
133.30 	automatic boiler, either through on premises inspection of the boiler or by remote 
133.31 	electronic surveillance, provided that no operations are performed upon the boiler other 
133.32 	than emergency shut down in alarm situations.
134.1 	(c) No individual under the influence of drugs or alcohol shall be entrusted with the 
134.2 	operation of or shall operate any boiler, steam engine, or turbine, or shall be entrusted with 
134.3 	the monitoring of or shall monitor an automatic boiler.

134.4 	Sec. 11. Minnesota Statutes 2004, section 183.505, is amended to read:
134.5 	183.505 APPLICATIONS FOR LICENSES.
134.6 	The chief boiler inspector commissioner shall prepare blank applications on which 
134.7 	applications for engineers' licenses shall be made under oath of the applicant. These 
134.8 	blanks shall be so formulated as to elicit such information as is desirable needed to 
134.9 	enable the examiners to pass on determine whether an applicant meets the qualifications 
134.10 	of applicants required for the license.

134.11 	Sec. 12. Minnesota Statutes 2004, section 183.51, as amended by Laws 2005, First 
134.12 	Special Session chapter 1, article 4, sections 47 and 48, is amended to read:
134.13 	183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
134.14 		Subdivision 1.Engineers, classes. Engineers shall be divided into four classes:
134.15 	(1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade 
134.16 	A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade 
134.17 	C. (4) Special engineers.
134.18 		Subd. 2.Applications. Any person individual who desires an engineer's license 
134.19 	shall submit a written an application, on blanks furnished by the commissioner or designee
134.20 	on a written or electronic form prescribed by the commissioner, at least 15 days before 
134.21 	the requested exam date. The application is valid for permits the applicant to take the 
134.22 	examination on one occasion within one year from the date the commissioner or designee 
134.23 	received receives the application.
134.24 		Subd. 2a.Examinations. Each applicant for a license must pass an examination 
134.25 	approved developed and administered by the commissioner. The examinations shall be 
134.26 	of sufficient scope to establish the competency of the applicant to operate a boiler of the 
134.27 	applicable license class and grade.
134.28 		Subd. 3.High and low pressure boilers. For the purposes of this section and 
134.29 	section  183.50, high pressure boilers shall mean boilers operating at a steam or other vapor 
134.30 	pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure 
134.31 	exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit. 
134.32 	Low pressure boilers shall mean boilers operating at a steam or other vapor pressure 
134.33 	of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed 
134.34 	160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
135.1 		Subd. 4.Chief engineer, Grade A. A person An individual seeking licensure as 
135.2 	a chief engineer, Grade A, shall be at least 18 years of age and have experience which 
135.3 	verifies that the person individual is competent to take charge of and be responsible for the 
135.4 	safe operation and maintenance of all classes of boilers, steam engines, and turbines and 
135.5 	their appurtenances; and, before receiving a license, the applicant shall take and subscribe 
135.6 	an oath attesting to at least five years actual experience in operating such boilers, including 
135.7 	at least two years experience in operating such engines or turbines.
135.8 		Subd. 5.Chief engineer, Grade B. A person An individual seeking licensure as a 
135.9 	chief engineer, Grade B, shall be at least 18 years of age and have habits and experience 
135.10 	which justify the belief that the person individual is competent to take charge of and be 
135.11 	responsible for the safe operation and maintenance of all classes of boilers and their 
135.12 	appurtenances; and, before receiving a license, the applicant shall take and subscribe an 
135.13 	oath attesting to at least five years actual experience in operating those boilers.
135.14 		Subd. 6.Chief engineer, Grade C. A person An individual seeking licensure as a 
135.15 	chief engineer, Grade C, shall be at least 18 years of age and have habits and experience 
135.16 	which justify the belief that the person individual is competent to take charge of and 
135.17 	be responsible for the safe operation and maintenance of all classes of low pressure 
135.18 	boilers and their appurtenances, and before receiving a license, the applicant shall take 
135.19 	and subscribe an oath attesting to at least five years of actual experience in operating 
135.20 	such boilers.
135.21 		Subd. 7.First-class engineer, Grade A. A person An individual seeking licensure 
135.22 	as a first-class engineer, Grade A, shall be at least 18 years of age and have experience 
135.23 	which verifies that the person individual is competent to take charge of and be responsible 
135.24 	for the safe operation and maintenance of all classes of boilers, engines, and turbines and 
135.25 	their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a 
135.26 	plant of unlimited horsepower. Before receiving a license, the applicant shall take and 
135.27 	subscribe an oath attesting to at least three years actual experience in operating such 
135.28 	boilers, including at least two years experience in operating such engines or turbines.
135.29 		Subd. 8.First-class engineer, Grade B. A person An individual seeking licensure 
135.30 	as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and 
135.31 	experience which justify the belief that the person individual is competent to take charge 
135.32 	of and be responsible for the safe operation and maintenance of all classes of boilers of 
135.33 	not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited 
135.34 	horsepower. Before receiving a license the applicant shall take and subscribe an oath 
135.35 	attesting to at least three years actual experience in operating such boilers.
136.1 		Subd. 9.First-class engineer, Grade C. A person An individual seeking licensure 
136.2 	as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and 
136.3 	experience which justify the belief that the person individual is competent to take charge 
136.4 	of and be responsible for the safe operation and maintenance of all classes of low pressure 
136.5 	boilers and their appurtenances of not more than 300 horsepower or to operate as a shift 
136.6 	engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the 
136.7 	applicant shall take and subscribe an oath attesting to at least three years actual experience 
136.8 	in operating such boilers.
136.9 		Subd. 10.Second-class engineer, Grade A. A person An individual seeking 
136.10 	licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have 
136.11 	experience which verifies that the person individual is competent to take charge of and 
136.12 	be responsible for the safe operation and maintenance of all classes of boilers, engines, 
136.13 	and turbines and their appurtenances of not more than 100 horsepower or to operate 
136.14 	as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift 
136.15 	engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving 
136.16 	a license the applicant shall take and subscribe an oath attesting to at least one year of 
136.17 	actual experience in operating such boilers, including at least one year of experience in 
136.18 	operating such engines or turbines.
136.19 		Subd. 11.Second-class engineer, Grade B. A person An individual seeking 
136.20 	licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have 
136.21 	habits and experience which justify the belief that the person individual is competent to 
136.22 	take charge of and be responsible for the safe operation and maintenance of all classes of 
136.23 	boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not 
136.24 	more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant 
136.25 	of unlimited horsepower. Before receiving a license the applicant shall take and subscribe 
136.26 	an oath attesting to at least one year of actual experience in operating such boilers.
136.27 		Subd. 12.Second-class engineer, Grade C. A person An individual seeking 
136.28 	licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have 
136.29 	habits and experience which justify the belief that the person individual is competent to 
136.30 	take charge of and be responsible for the safe operation and maintenance of all classes 
136.31 	of low pressure boilers and their appurtenances of not more than 100 horsepower or to 
136.32 	operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or 
136.33 	to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited 
136.34 	horsepower. Before receiving a license, the applicant shall take and subscribe an oath 
136.35 	attesting to at least one year of actual experience in operating such boilers.
137.1 		Subd. 13.Special engineer. A person An individual seeking licensure as a special 
137.2 	engineer shall be at least 18 years of age and have habits and experience which justify 
137.3 	the belief that the person individual is competent to take charge of and be responsible for 
137.4 	the safe operation and maintenance of all classes of boilers and their appurtenances of 
137.5 	not more than 30 horsepower or to operate as a shift engineer in a plant of not more than 
137.6 	100 horsepower, or to serve as an apprentice in any plant under the direct supervision of 
137.7 	the properly licensed engineer.
137.8 		Subd. 14.Current boiler operators. Any person individual operating a boiler other 
137.9 	than a steam boiler on April 15, 1982 shall be qualified for application for the applicable 
137.10 	class license upon presentation of an affidavit furnished by an inspector and sworn to by 
137.11 	the person's individual's employer or a chief engineer. The applicant must have at least 
137.12 	the number of years of actual experience specified for the class of license requested and 
137.13 	pass the appropriate examination.
137.14 		Subd. 15.Rating horsepower. For the purpose of rating boiler horsepower for 
137.15 	engineer license classifications only: ten square feet of heating surface shall be considered 
137.16 	equivalent to one boiler horsepower for conventional boilers and five square feet of 
137.17 	heating surface equivalent to one boiler horsepower for steam coil type generators.

137.18 	Sec. 13. Minnesota Statutes 2004, section 183.54, subdivision 1, is amended to read:
137.19 		Subdivision 1.Safety Inspection certificate. After examination and tests, if a boiler 
137.20 	inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall 
137.21 	deliver to the chief boiler inspector a verified certificate in such form as prescribed by 
137.22 	the chief boiler inspector containing a specification of the tests applied and the working 
137.23 	pressure allowed. A copy of the certificate is delivered to the owner of the boiler or 
137.24 	pressure vessel, who shall place and retain the same in a conspicuous place on or near 
137.25 	the boiler or pressure vessel. of the boiler or pressure vessel being inspected, the boiler 
137.26 	inspector shall document the condition of the boiler or pressure vessel as required by the 
137.27 	commissioner. The inspector shall issue an inspection certificate, as prescribed by the 
137.28 	commissioner, to the owner or operator for the inspected boilers and pressure vessels 
137.29 	found to be safe and suitable for use. The inspector shall immediately notify the owner or 
137.30 	operator of any deficiencies found on the boilers and pressure vessels during the inspection 
137.31 	on a form prescribed by the commissioner.

137.32 	Sec. 14. Minnesota Statutes 2004, section 183.54, subdivision 3, is amended to read:
137.33 		Subd. 3.Failure to pay fee. If the owner or lessee of any boiler or pressure vessel, 
137.34 	which boiler or pressure vessel has been duly inspected, refuses to pay the required fee 
138.1 	within 30 days from the date of the inspection invoice, the chief boiler inspector, or 
138.2 	deputy, department may seal the boiler or pressure vessel until the fee is paid.

138.3 	Sec. 15. Minnesota Statutes 2005 Supplement, section 183.545, is amended by adding 
138.4 	a subdivision to read:
138.5 		Subd. 11.Late fee. The commissioner may assess a late fee of up to $100 for 
138.6 	each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date 
138.7 	stated on the invoice.

138.8 	Sec. 16. Minnesota Statutes 2004, section 183.56, is amended to read:
138.9 	183.56 EXCEPTIONS.
138.10 	The provisions of sections  183.38 to  183.62, shall not apply to: 
138.11 	(1) boilers in buildings occupied solely for residence purposes with accommodations 
138.12 	for not more than five families;
138.13 	(2) railroad locomotives operated by railroad companies for transportation purposes;
138.14 	(3) air tanks installed on the right-of-way of railroads and used directly in the 
138.15 	operation of trains;
138.16 	(4) boilers and pressure vessels under the direct jurisdiction of the United States;
138.17 	(5) unfired pressure vessels having an internal or external working pressure not 
138.18 	exceeding 15 p.s.i.g. with no limit on size;
138.19 	(6) pressure vessels used for storage of compressed air not exceeding five cubic feet 
138.20 	in volume and equipped with an American Society of Mechanical Engineers ASME code 
138.21 	stamped safety valve set at a maximum of 100 p.s.i.g.;
138.22 	(7) pressure vessels having an inside diameter not exceeding six inches;
138.23 	(8) every vessel that contains water under pressure, including those containing air 
138.24 	that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and 
138.25 	whose design temperature does not exceed 210 degrees Fahrenheit;
138.26 	(9) boiler or pressure vessels located on farms used solely for agricultural or 
138.27 	horticultural purposes; for purposes of this section, boilers used for mint oil extraction 
138.28 	are considered used for agricultural or horticultural purposes, provided that the owner or 
138.29 	lessee complies with the inspection requirements contained in section  183.42; 
138.30 	(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
138.31 	(11) unfired pressure vessels in petroleum refineries;
138.32 	(12) an air tank or pressure vessel which is an integral part of a passenger motor 
138.33 	bus, truck, or trailer;
139.1 	(13) hot water heating and other hot liquid boilers not exceeding a heat input of 
139.2 	750,000 BTU per hour;
139.3 	(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000 
139.4 	BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of 
139.5 	120 gallons, or a pressure of 160 p.s.i.g.;
139.6 	(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
139.7 	(16) pressure vessels operated full of water or other liquid not materially more 
139.8 	hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees 
139.9 	Fahrenheit or a pressure of 200 p.s.i.g.;
139.10 	(17) steam powered turbines at paper-making facilities which are powered by steam 
139.11 	generated by municipal steam district facilities at a remote location; and
139.12 	(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, 
139.13 	or antique motor vehicles constructed or maintained only as a hobby for exhibition, 
139.14 	educational or historical purposes and not for commercial use, if the boilers have an 
139.15 	inside diameter of 12 inches or less, or a grate area of two square feet or less, and are 
139.16 	equipped with an American Society of Mechanical Engineers ASME stamped safety valve 
139.17 	of adequate size, a water level indicator, and a pressure gauge.
139.18 	An engineers license is not required for hot water supply boilers.
139.19 	An engineers license is not required for boilers, steam cookers, steam kettles, 
139.20 	steam sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 
139.21 	25 kilowatt, 2-1/2 horsepower or a pressure of 15 p.s.i.g.
139.22 	Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum 
139.23 	of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and 
139.24 	shall not require an engineer license to operate.

139.25 	Sec. 17. Minnesota Statutes 2005 Supplement, section 183.57, subdivision 1, is 
139.26 	amended to read:
139.27 		Subdivision 1.Report required. Any insurance company insuring boilers and 
139.28 	pressure vessels in this state shall file a report showing the most recent date of inspection, 
139.29 	the name of the person individual making the inspection, the condition of the boiler or 
139.30 	pressure vessel as disclosed by the inspection, whether the boiler was operated by a 
139.31 	properly licensed engineer, whether a policy of insurance has been issued by the company 
139.32 	with reference to the boiler or pressure vessel, and other information as directed by the 
139.33 	chief boiler inspector commissioner. Within 21 days after the inspection, the insurance 
139.34 	company shall file the report with the chief boiler inspector or designee commissioner. 
139.35 	The insurer shall provide a copy of the report to the person, firm, or corporation owning or 
140.1 	operating the inspected boiler or pressure vessel. Such report shall be made annually for 
140.2 	boilers and biennially for pressure vessels.

140.3 	Sec. 18. Minnesota Statutes 2005 Supplement, section 183.57, subdivision 2, is 
140.4 	amended to read:
140.5 		Subd. 2.Exemption. Every boiler or pressure vessel as to which any insurance 
140.6 	company authorized to do business in this state has issued a policy of insurance, after the 
140.7 	inspection thereof, is exempt from inspection by the department made under sections 
140.8 	183.375 to 183.62, while the same continues to be insured and provided it continues 
140.9 	to be inspected in accordance with the inspection schedule set forth in sections 183.42
140.10 	and 183.45, and the person, firm, or corporation owning or operating the same has an 
140.11 	unexpired certificate of registration.

140.12 	Sec. 19. Minnesota Statutes 2005 Supplement, section 183.57, subdivision 5, is 
140.13 	amended to read:
140.14 		Subd. 5.Notice of insurance coverage. The insurer shall notify the commissioner 
140.15 	or designee in writing of its policy to insure and inspect boilers and pressure vessels at a 
140.16 	location within 30 days of receipt of notification from the insured that a boiler or pressure 
140.17 	vessel is present at an insured location. The insurer must also provide a duplicate of the 
140.18 	notification to the insured.

140.19 	Sec. 20. Minnesota Statutes 2005 Supplement, section 183.57, subdivision 6, is 
140.20 	amended to read:
140.21 		Subd. 6.Notice of discontinued coverage. The insurer shall notify the 
140.22 	commissioner or designee in writing, within 30 days of the effective date, of the 
140.23 	discontinuation of insurance coverage of the boilers and pressure vessels at a location 
140.24 	and the cause or reason for the discontinuation if the insurer has received notice from 
140.25 	the insured that a boiler or pressure vessel is present at an insured location, as provided 
140.26 	under subdivision 5. This notice shall show the effective date when the discontinued 
140.27 	policy takes effect.

140.28 	Sec. 21. Minnesota Statutes 2004, section 183.59, is amended to read:
140.29 	183.59 VIOLATIONS BY INSPECTORS.
140.30 	Every inspector who willfully certifies falsely regarding any boiler or its attachments, 
140.31 	or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license 
140.32 	to any person individual to act as engineer, or master, or pilot contrary to any provision of 
141.1 	sections  183.375 to  183.62, is guilty of a misdemeanor. In addition to this punishment the 
141.2 	inspector shall be removed from office forthwith. 

141.3 	Sec. 22. Minnesota Statutes 2004, section 183.60, is amended to read:
141.4 	183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
141.5 		Subdivision 1.Construction violation. Every No person who constructs shall 
141.6 	construct a boiler, boiler piping, or a pressure vessel so as not to meet the minimum 
141.7 	construction requirements of the American Society of Mechanical Engineers ASME boiler 
141.8 	and pressure vessel code, and the rules of the Division of Boiler Inspection adopted by the
141.9 	department of Labor and Industry is guilty of a gross misdemeanor.
141.10 		Subd. 2.Repair violation. Every No person who repairs shall repair a boiler or 
141.11 	pressure vessel by welding or riveting so as not to meet the minimum requirements 
141.12 	established by the current edition of the National Board of Boiler and Pressure Vessel 
141.13 	Inspectors inspection code and the rules of the Division of Boiler Inspection adopted by 
141.14 	the department of Labor and Industry is guilty of a gross misdemeanor.
141.15 		Subd. 3.Sale violation. Every No manufacturer, jobber, dealer, or other person 
141.16 	selling or offering shall sell or offer for sale a boiler or pressure vessel that does not meet 
141.17 	the minimum construction requirements of the American Society of Mechanical Engineers
141.18 	ASME boiler and pressure vessel code and the rules of the Division of Boiler Inspection 
141.19 	adopted by the department of Labor and Industry is guilty of a gross misdemeanor.

141.20 	Sec. 23. Minnesota Statutes 2004, section 183.61, subdivision 2, is amended to read:
141.21 		Subd. 2.Inspection violation. Any No person who causes shall cause to be 
141.22 	operated, or operates shall operate, any boiler or boat without having the same inspected 
141.23 	at least once each year, or pressure vessel, steam farm traction engine, portable or 
141.24 	stationary show engine, or portable or stationary show boiler without having it inspected 
141.25 	biennially, and or without having the proper engineer or pilot master license is guilty 
141.26 	of a misdemeanor.

141.27 	Sec. 24. Minnesota Statutes 2004, section 183.61, subdivision 4, is amended to read:
141.28 		Subd. 4.Failure to repair. Every person operating or causing to be operated After
141.29 	any boiler or pressure vessel after it has been examined and found to be unsafe and after the 
141.30 	owner or operator thereof of the boiler or pressure vessel has been notified of any defect 
141.31 	therein and what repairs are necessary to remedy the defect who fails to comply with the 
141.32 	inspector's requirements is guilty of a misdemeanor in it, no person shall operate the boiler 
141.33 	or pressure vessel or cause it to be operated unless and until the defect has been corrected.

142.1 	Sec. 25. [326B.93] INSPECTION PERSONNEL.
142.2 		Subdivision 1.Inspectors. The department may employ such inspectors and other 
142.3 	persons as are necessary to efficiently perform the duties and exercise the powers imposed 
142.4 	upon the department.
142.5 		Subd. 2.Chief boiler inspector. The commissioner shall appoint a chief boiler 
142.6 	inspector who, under the direction and supervision of the commissioner, shall administer 
142.7 	this chapter and the rules adopted under this chapter. The chief boiler inspector must: 
142.8 	(1) be licensed as a chief Grade A engineer in this state or possess equivalent 
142.9 	operating experience to be determined by the commissioner; and 
142.10 	(2) possess a current commission issued by the National Board of Boiler and 
142.11 	Pressure Vessel Inspectors. 
142.12 	The chief boiler inspector shall be the state of Minnesota representative on the National 
142.13 	Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority 
142.14 	of the rules adopted under this chapter, and shall perform other duties in administering this 
142.15 	chapter and the rules adopted under this chapter as assigned by the commissioner.

142.16 	Sec. 26. [326B.94] BOATS; MASTERS.
142.17 		Subdivision 1.Boat. "Boat" means any vessel propelled by mechanical power used 
142.18 	and operated for carrying passengers for hire on any inland waters of the state.
142.19 		Subd. 2.Number of passengers. The department shall designate the number of 
142.20 	passengers that each boat may safely carry, and no such boat shall carry a greater number 
142.21 	than is allowed by the inspector's certificate.
142.22 		Subd. 3.Annual permit. The commissioner shall issue an annual permit to a boat 
142.23 	for the purpose of carrying passengers for hire on the inland waters of the state provided 
142.24 	the boat satisfies the inspection requirements of this section. A boat subject to inspection 
142.25 	under this chapter shall be registered with the department and shall be inspected before a 
142.26 	permit may be issued. No person shall operate a boat or cause a boat to be operated for the 
142.27 	purpose of carrying passengers for hire on the inland waters of the state without a valid 
142.28 	annual permit issued under this section. 
142.29 		Subd. 4.Examinations, licensing. The commissioner shall develop and administer 
142.30 	an examination for all masters of boats carrying passengers for hire on the inland waters of 
142.31 	the state as to their qualifications and fitness. If found qualified and competent to perform 
142.32 	their duties as a master of a boat carrying passengers for hire, they shall be issued a license 
142.33 	authorizing them to act as such on the inland waters of the state. The license shall be 
142.34 	renewed annually. Fees for the original issue and renewal of the license authorized under 
142.35 	this section shall be pursuant to section 183.545, subdivision 2.
143.1 		Subd. 5.Rules. (a) The department shall prescribe rules for the inspection of the 
143.2 	hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances, 
143.3 	and lifesaving equipment of all power boats navigating the inland waters of the state, 
143.4 	which shall conform to the requirements and specifications of the United States Coast 
143.5 	Guard as provided in Code of Federal Regulations, title 46, in similar cases; these rules 
143.6 	shall have the force of law.
143.7 	(b) The commissioner shall make such rules for inspection and operation of boats 
143.8 	subject to inspection under this chapter, the licensing of masters, and the navigation of any 
143.9 	such boat as will require its operation without danger to life or property.
143.10 		Subd. 6.Drugs, alcohol. No master shall be under the influence of drugs or alcohol 
143.11 	when on duty.

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

143.16	Column A
	Column B
	
143.17	183.38
	326B.952
	
143.18	183.39
	326B.954
	
143.19	183.411
	326B.956
	
143.20	183.42
	326B.958
	
143.21	183.45
	326B.96
	
143.22	183.46
	326B.962
	
143.23	183.465
	326B.964
	
143.24	183.466
	326B.966
	
143.25	183.48
	326B.968
	
143.26	183.50
	326B.97
	
143.27	183.501
	326B.972
	
143.28	183.502
	326B.974
	
143.29	183.505
	326B.976
	
143.30	183.51
	326B.978
	
143.31	183.53
	326B.98
	
144.1	183.54
	326B.982
	
144.2	183.545
	326B.986
	
144.3	183.56
	326B.988
	
144.4	183.57
	326B.99
	
144.5	183.59
	326B.992
	
144.6	183.60
	326B.994
	
144.7	183.61
	326B.996
	
144.8	183.62
	326B.998

144.9 	ARTICLE 10
144.10 	HIGH PRESSURE PIPING

144.11 	Section 1. Minnesota Statutes 2004, section 326.46, is amended to read:
144.12 	326.46 DEPARTMENT OF LABOR AND INDUSTRY TO SUPERVISE HIGH 
144.13 	PRESSURE PIPING.
144.14 	The department of Labor and Industry shall supervise all high pressure piping used 
144.15 	on all projects in this state, and may prescribe minimum standards which shall be uniform.
144.16 	The department shall employ inspectors and other assistants to carry out the 
144.17 	provisions of sections  326.46 to  326.52. 

144.18 	Sec. 2. Minnesota Statutes 2004, section 326.461, is amended by adding a subdivision 
144.19 	to read:
144.20 		Subd. 1a.Contracting pipefitter. "Contracting pipefitter" means an individual 
144.21 	engaged in the planning, superintending, and practical installation of high pressure piping 
144.22 	and appurtenances, and otherwise lawfully qualified to construct high pressure piping 
144.23 	installations and make replacements to existing plants, who is also qualified to conduct 
144.24 	the business of high pressure piping installations and who is familiar with the laws, rules, 
144.25 	and minimum standards governing them.

144.26 	Sec. 3. Minnesota Statutes 2004, section 326.461, is amended by adding a subdivision 
144.27 	to read:
144.28 		Subd. 2a.High pressure steam. "High pressure steam" means a pressure in excess 
144.29 	of 15 pounds per square inch.

145.1 	Sec. 4. Minnesota Statutes 2004, section 326.461, is amended by adding a subdivision 
145.2 	to read:
145.3 		Subd. 4.Journeyman pipefitter.  "Journeyman pipefitter" means an individual other 
145.4 	than a contracting pipefitter whose principal occupation is the practical installation of high 
145.5 	pressure piping and appurtenances in the employ of a contracting pipefitter.

145.6 	Sec. 5. Minnesota Statutes 2004, section 326.461, is amended by adding a subdivision 
145.7 	to read:
145.8 		Subd. 5.Pipefitter trainee. "Pipefitter trainee" means an individual other than a 
145.9 	contracting or journeyman pipefitter whose principal occupation is learning and assisting 
145.10 	in the installation of high pressure piping and appurtenances under the direct supervision 
145.11 	of a licensed pipefitter.

145.12 	Sec. 6. Minnesota Statutes 2004, section 326.47, subdivision 1, is amended to read:
145.13 		Subdivision 1.Required permit. No person, firm, or corporation shall construct or 
145.14 	install high pressure piping systems without first filing an application for a permit with the 
145.15 	department of Labor and Industry or a municipality that has complied with subdivision 2. 
145.16 	Projects under construction prior to August 1, 1984, are not required to obtain a permit.

145.17 	Sec. 7. Minnesota Statutes 2004, section 326.47, subdivision 6, is amended to read:
145.18 		Subd. 6.Filing and inspection fees. The department of Labor and Industry must 
145.19 	charge a filing fee set by the commissioner under section  16A.1285 for all applications 
145.20 	for permits to construct or install high pressure piping systems. The fee for inspection of 
145.21 	high pressure piping system construction or installation shall be set by the commissioner 
145.22 	under section  16A.1285. This subdivision does not apply where a permit is issued by a 
145.23 	municipality complying with subdivision 2.

145.24 	Sec. 8. Minnesota Statutes 2004, section 326.48, is amended to read:
145.25 	326.48 LICENSING.
145.26 		Subdivision 1.License required; rules; time credit. No personindividual shall 
145.27 	engage in or work at the business of a contracting pipefitter unless issued an individual 
145.28 	contracting pipefitter license to do so by the department of Labor and Industry. No license 
145.29 	shall be required for repairs on existing installations. No person individual shall engage in 
145.30 	or work at the business of journeyman pipefitter unless issued an individual journeyman 
145.31 	pipefitter competency license to do so by the department of Labor and Industry. A person 
146.1 	possessing an individual contracting pipefitter competency license may also work as 
146.2 	a journeyman pipefitter.
146.3 	No person, partnership, firm, or corporation shall construct or install high pressure 
146.4 	piping, nor install high pressure piping in connection with the dealing in and selling 
146.5 	of high pressure pipe material and supplies, unless, at all times, a person an individual
146.6 	possessing a contracting pipefitter individual competency license or a journeyman 
146.7 	pipefitter individual competency license is responsible for ensuring that the high pressure 
146.8 	pipefitting work conducted by the person, partnership, firm, or corporation being is in 
146.9 	conformity with Minnesota Statutes and Minnesota Rules.
146.10 	The department of Labor and Industry shall prescribe rules, not inconsistent 
146.11 	herewith, for the examination and individual competency licensing of contracting 
146.12 	pipefitters and journeyman pipefitters and for issuance of permits by the department and 
146.13 	municipalities for the installation of high pressure piping.
146.14 	An employee performing the duties of inspector for the department of Labor and 
146.15 	Industry in regulating pipefitting shall not receive time credit for the inspection duties 
146.16 	when making an application for a license required by this section.
146.17 		Subd. 2.High pressure pipefitting business license. Before obtaining a permit 
146.18 	for high pressure piping work, a person, partnership, firm, or corporation must obtain or 
146.19 	utilize a business with a high pressure piping business license.
146.20 	A person, partnership, firm, or corporation must have at all times as a full-time 
146.21 	employee at least one individual holding an individual contracting pipefitter competency 
146.22 	license. Only full-time employees who hold individual contracting pipefitter licenses 
146.23 	are authorized to obtain high pressure piping permits in the name of the business. The 
146.24 	individual contracting pipefitter competency license holder can be the employee of only 
146.25 	one high pressure piping business at a time.
146.26 	To retain its business license without reapplication, a person, partnership, firm, or 
146.27 	corporation holding a high pressure piping business license that ceases to employ a person
146.28 	an individual holding an individual contracting pipefitter competency license shall have 
146.29 	60 days from the last day of employment of its previous individual contracting pipefitter 
146.30 	competency license holder to employ another license holder. The department of Labor and 
146.31 	Industry must be notified no later than five days after the last day of employment of the 
146.32 	previous license holder.
146.33 	No high pressure pipefitting work may be performed during any period when the high 
146.34 	pressure pipefitting business does not have an individual contracting pipefitter competency 
146.35 	license holder on staff. If a license holder is not employed within 60 days after the last day 
146.36 	of employment of the previous license holder, the pipefitting business license shall lapse.
147.1 	The department of Labor and Industry shall prescribe by rule procedures for 
147.2 	application for and issuance of business licenses and fees.
147.3 		Subd. 3.Bond. The As a condition of licensing, each applicant for a high pressure 
147.4 	piping business license or renewal shall give bond to the state in the total penal sum of 
147.5 	$15,000 conditioned upon the faithful and lawful performance of all work entered upon
147.6 	contracted for or performed within the state. The bond shall run to and be for the benefit of 
147.7 	persons injured or suffering financial loss by reason of failure of payment or performance. 
147.8 	Claims and actions on the bond may be brought according to sections  574.26 to  574.38. 
147.9 	The term of the bond must be concurrent with the term of the high pressure 
147.10 	pipefitting business license and run without interruption from the date of the issuance of 
147.11 	the license to the end of the calendar year. All high pressure pipefitting business licenses 
147.12 	must be annually renewed on a calendar year basis.
147.13 	The bond must be filed with the department of Labor and Industry and shall be 
147.14 	in lieu of any other business license bonds required by any political subdivision for 
147.15 	high pressure pipefitting. The bond must be written by a corporate surety licensed to 
147.16 	do business in the state.
147.17 		Subd. 4.Insurance. In addition to the bond described in subdivision 3, each 
147.18 	applicant for a high pressure pipefitting business license or renewal shall have in force 
147.19 	public liability insurance, including products liability insurance, with limits of at least 
147.20 	$100,000 per person and $300,000 per occurrence and property damage insurance with 
147.21 	limits of at least $50,000.
147.22 	The insurance must be kept in force for the entire term of the high pressure 
147.23 	pipefitting business license, and the license shall be suspended by the department if at any 
147.24 	time the insurance is not in force.
147.25 	The insurance must be written by an insurer licensed to do business in the state and 
147.26 	shall be in lieu of any other insurance required by any subdivision of government for 
147.27 	high pressure pipefitting. Each person, partnership, firm, or corporation holding a high 
147.28 	pressure pipefitting business license shall maintain on file with the department a certificate 
147.29 	evidencing the insurance. Any purported cancellation of insurance shall not be effective 
147.30 	without the insurer first giving 30 days' written notice to the department.
147.31 		Subd. 5.Fee. The state department of Labor and Industry may charge each 
147.32 	applicant for a high pressure pipefitting business license or for a renewal of a high 
147.33 	pressure pipefitting business license and an additional fee commensurate with the cost of 
147.34 	administering the bond and insurance requirements of subdivisions 3 and 4.

148.1 	Sec. 9. Minnesota Statutes 2004, section 326.50, is amended to read:
148.2 	326.50 APPLICATION; FEES.
148.3 	Application for an individual contracting pipefitter competency or an individual 
148.4 	journeyman pipefitter competency license shall be made to the department of Labor and 
148.5 	Industry, with fees. The applicant shall be licensed only after passing an examination
148.6 	administered by the department of Labor and Industry.

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

148.11	Column A
	Column B
	
148.12	326.46
	326B.90
	
148.13	326.461
	326B.91
	
148.14	326.47
	326B.92
	
148.15	326.48
	326B.93
	
148.16	326.50
	326B.94

148.17 	ARTICLE 11
148.18 	CONFORMING CHANGES

148.19 	Section 1. Minnesota Statutes 2004, section 31.175, is amended to read:
148.20 	31.175 WATER, PLUMBING, AND SEWAGE.
148.21 	A person who is required by statutes administered by the Department of Agriculture, 
148.22 	or by rules adopted pursuant to those statutes, to provide a suitable water supply, or 
148.23 	plumbing or sewage disposal system, may not engage in the business of manufacturing, 
148.24 	processing, selling, handling, or storing food at wholesale or retail unless the person's 
148.25 	water supply is satisfactory under plumbing codes adopted by the Department of Health
148.26 	Labor and Industry and the person's sewage disposal system satisfies the rules of the 
148.27 	Pollution Control Agency.

148.28 	Sec. 2. Minnesota Statutes 2004, section 103I.621, subdivision 3, is amended to read:
148.29 		Subd. 3.Construction requirements. (a) Withdrawal and reinjection for the 
148.30 	groundwater thermal exchange device must be accomplished by a closed system in which 
149.1 	the waters drawn for thermal exchange do not have contact or commingle with water 
149.2 	from other sources or with polluting material or substances. The closed system must be 
149.3 	constructed to allow an opening for inspection by the commissioner.
149.4 	(b) Wells that are part of a groundwater thermal exchange system may not serve 
149.5 	another function, except water may be supplied to the domestic water system if:
149.6 	(1) the supply is taken from the thermal exchange system ahead of the heat exchange 
149.7 	unit; and
149.8 	(2) the domestic water system is protected by an airgap or backflow prevention 
149.9 	device as described in rules relating to plumbing enforced by the commissioner of labor 
149.10 	and industry.
149.11 	(c) A groundwater thermal exchange system may be used for domestic water heating 
149.12 	only if the water heating device is an integral part of the heat exchange unit that is used for 
149.13 	space heating and cooling.

149.14 	Sec. 3. Minnesota Statutes 2005 Supplement, section 144.122, is amended to read:
149.15 	144.122 LICENSE, PERMIT, AND SURVEY FEES.
149.16 	(a) The state commissioner of health, by rule, may prescribe procedures and fees 
149.17 	for filing with the commissioner as prescribed by statute and for the issuance of original 
149.18 	and renewal permits, licenses, registrations, and certifications issued under authority of 
149.19 	the commissioner. The expiration dates of the various licenses, permits, registrations, 
149.20 	and certifications as prescribed by the rules shall be plainly marked thereon. Fees may 
149.21 	include application and examination fees and a penalty fee for renewal applications 
149.22 	submitted after the expiration date of the previously issued permit, license, registration, 
149.23 	and certification. The commissioner may also prescribe, by rule, reduced fees for permits, 
149.24 	licenses, registrations, and certifications when the application therefor is submitted 
149.25 	during the last three months of the permit, license, registration, or certification period. 
149.26 	Fees proposed to be prescribed in the rules shall be first approved by the Department of 
149.27 	Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be 
149.28 	in an amount so that the total fees collected by the commissioner will, where practical, 
149.29 	approximate the cost to the commissioner in administering the program. All fees collected 
149.30 	shall be deposited in the state treasury and credited to the state government special revenue 
149.31 	fund unless otherwise specifically appropriated by law for specific purposes.
149.32 	(b) The commissioner may charge a fee for voluntary certification of medical 
149.33 	laboratories and environmental laboratories, and for environmental and medical laboratory 
149.34 	services provided by the department, without complying with paragraph (a) or chapter 14. 
150.1 	Fees charged for environment and medical laboratory services provided by the department 
150.2 	must be approximately equal to the costs of providing the services.
150.3 	(c) The commissioner may develop a schedule of fees for diagnostic evaluations 
150.4 	conducted at clinics held by the services for children with handicaps program. All receipts 
150.5 	generated by the program are annually appropriated to the commissioner for use in the 
150.6 	maternal and child health program.
150.7 	(d) The commissioner shall set license fees for hospitals and nursing homes that are 
150.8 	not boarding care homes at the following levels:

150.9150.10
150.11
150.12
	Joint Commission on Accreditation of 
Healthcare Organizations (JCAHO) and 
American Osteopathic Association (AOA) 
hospitals
	$7,555 plus $13 per bed
	
150.13	Non-JCAHO and non-AOA hospitals
	$5,180 plus $247 per bed
	
150.14	Nursing home
	$183 plus $91 per bed
	
150.15 	The commissioner shall set license fees for outpatient surgical centers, boarding care 
150.16 	homes, and supervised living facilities at the following levels:

150.17	Outpatient surgical centers
	$3,349
	
150.18	Boarding care homes
	$183 plus $91 per bed
	
150.19	Supervised living facilities
	$183 plus $91 per bed.
	
150.20 	(e) Unless prohibited by federal law, the commissioner of health shall charge 
150.21 	applicants the following fees to cover the cost of any initial certification surveys required 
150.22 	to determine a provider's eligibility to participate in the Medicare or Medicaid program:

150.23	Prospective payment surveys for hospitals
	$900
	
150.24	Swing bed surveys for nursing homes
	$1,200
	
150.25	Psychiatric hospitals
	$1,400
	
150.26	Rural health facilities
	$1,100
	
150.27	Portable x-ray providers
	$500
	
150.28	Home health agencies
	$1,800
	
150.29	Outpatient therapy agencies
	$800
	
150.30	End stage renal dialysis providers
	$2,100
	
150.31	Independent therapists
	$800
	
151.1
151.2	Comprehensive rehabilitation outpatient 
facilities
	$1,200
	
151.3	Hospice providers
	$1,700
	
151.4	Ambulatory surgical providers
	$1,800
	
151.5	Hospitals
	$4,200
	
151.6
151.7
151.8
151.9	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.
	
151.10 	These fees shall be submitted at the time of the application for federal certification 
151.11 	and shall not be refunded. All fees collected after the date that the imposition of fees is not 
151.12 	prohibited by federal law shall be deposited in the state treasury and credited to the state 
151.13 	government special revenue fund.
151.14 	(f) The commissioner shall charge the following fees for examinations, registrations, 
151.15 	licenses, and inspections:

151.16	Plumbing examination
		$ 50
	
151.17	Water conditioning examination
		$ 50
	
151.18	Plumbing bond registration fee
		$ 40
	
151.19	Water conditioning bond registration fee
		$ 40
	
151.20	Master plumber's license
		$120
	
151.21	Journeyman plumber's license
		$ 55
	
151.22	Apprentice registration
		$ 25
	
151.23	Water conditioning contractor license
		$ 70
	
151.24	Water conditioning installer license
		$ 35
	
151.25	Residential inspection fee (each visit)
		$ 50
	
151.26
151.27	Public, commercial, and industrial 
inspections
		Inspection fee
	
151.28	25 or fewer drainage fixture units
		$ 300
	
151.29	26 to 50 drainage fixture units
		$ 900
	
151.30	51 to 150 drainage fixture units
		$1,200
	
151.31	151 to 249 drainage fixture units
		$1,500
	
152.1	250 or more drainage fixture units
		$1,800
	
152.2	Callback fee (each visit)
		$100

152.3 	Sec. 4. Minnesota Statutes 2004, section 144.99, subdivision 1, is amended to read:
152.4 		Subdivision 1.Remedies available. The provisions of chapters 103I and 157 and 
152.5 	sections  115.71 to  115.77;  144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), 
152.6 	(13), (14), and (15);  144.1201 to  144.1204;  144.121;  144.1222;  144.35;  144.381 to  
152.7 	144.385;  144.411 to  144.417;  144.495;  144.71 to  144.74;  144.9501 to  144.9509;  144.992;  
152.8 	326.37 to  326.45;  326.57326.70 to  326.785;  327.10 to  327.131; and  327.14 to  327.28 and 
152.9 	all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, 
152.10 	registrations, certificates, and permits adopted or issued by the department or under any 
152.11 	other law now in force or later enacted for the preservation of public health may, in 
152.12 	addition to provisions in other statutes, be enforced under this section. 

152.13 	Sec. 5. Minnesota Statutes 2004, section 175.16, subdivision 1, is amended to read:
152.14 		Subdivision 1.Established. The Department of Labor and Industry shall consist 
152.15 	of the following divisions: Division of Workers' Compensation, Division of Boiler 
152.16 	Inspection Construction Codes and Licensing, Division of Occupational Safety and 
152.17 	Health, Division of Statistics, Division of Steamfitting Standards, Division of Labor 
152.18 	Standards and Apprenticeship, and such other divisions as the commissioner of the 
152.19 	Department of Labor and Industry may deem necessary and establish. Each division of 
152.20 	the department and persons in charge thereof shall be subject to the supervision of the 
152.21 	commissioner of the Department of Labor and Industry and, in addition to such duties 
152.22 	as are or may be imposed on them by statute, shall perform such other duties as may be 
152.23 	assigned to them by the commissioner. Notwithstanding any other law to the contrary, 
152.24 	the commissioner is the administrator and supervisor of all of the department's dispute 
152.25 	resolution functions and personnel and may delegate authority to compensation judges 
152.26 	and others to make determinations under sections  176.106,  176.238, and  176.239 and to 
152.27 	approve settlement of claims under section  176.521. 

152.28 	Sec. 6. Minnesota Statutes 2004, section 214.01, subdivision 3, is amended to read:
152.29 		Subd. 3.Non-health-related licensing board. "Non-health-related licensing 
152.30 	board" means the Board of Teaching established pursuant to section  122A.07, the Board 
152.31 	of Barber Examiners established pursuant to section  154.22, the Board of Assessors 
152.32 	established pursuant to section  270.41, the Board of Architecture, Engineering, Land 
153.1 	Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant 
153.2 	to section  326.04, the Board of Electricity established pursuant to section  326.241, the 
153.3 	Private Detective and Protective Agent Licensing Board established pursuant to section  
153.4 	326.33, the Board of Accountancy established pursuant to section  326A.02, and the Peace 
153.5 	Officer Standards and Training Board established pursuant to section  626.841. 

153.6 	Sec. 7. Minnesota Statutes 2005 Supplement, section 214.04, subdivision 1, is 
153.7 	amended to read:
153.8 		Subdivision 1.Services provided. (a) The commissioner of administration with 
153.9 	respect to the Board of Electricity; the commissioner of education with respect to the 
153.10 	Board of Teaching; the commissioner of public safety with respect to the Board of Private 
153.11 	Detective and Protective Agent Services; the panel established pursuant to section 
153.12 	299A.465, subdivision 7; the Board of Peace Officer Standards and Training; and the 
153.13 	commissioner of revenue with respect to the Board of Assessors, shall provide suitable 
153.14 	offices and other space, joint conference and hearing facilities, examination rooms, and 
153.15 	the following administrative support services: purchasing service, accounting service, 
153.16 	advisory personnel services, consulting services relating to evaluation procedures and 
153.17 	techniques, data processing, duplicating, mailing services, automated printing of license 
153.18 	renewals, and such other similar services of a housekeeping nature as are generally 
153.19 	available to other agencies of state government. Investigative services shall be provided 
153.20 	the boards by employees of the Office of Attorney General. The commissioner of health 
153.21 	with respect to the health-related licensing boards shall provide mailing and office supply 
153.22 	services and may provide other facilities and services listed in this subdivision at a 
153.23 	central location upon request of the health-related licensing boards. The commissioner of 
153.24 	commerce with respect to the remaining non-health-related licensing boards shall provide 
153.25 	the above facilities and services at a central location for the remaining non-health-related 
153.26 	licensing boards. The legal and investigative services for the boards shall be provided 
153.27 	by employees of the attorney general assigned to the departments servicing the boards. 
153.28 	Notwithstanding the foregoing, the attorney general shall not be precluded by this section 
153.29 	from assigning other attorneys to service a board if necessary in order to insure competent 
153.30 	and consistent legal representation. Persons providing legal and investigative services 
153.31 	shall to the extent practicable provide the services on a regular basis to the same board 
153.32 	or boards.
153.33 	(b) The requirements in paragraph (a) with respect to the panel established in section 
153.34 	299A.465, subdivision 7, expire July 1, 2008.

154.1 	Sec. 8. Minnesota Statutes 2004, section 214.04, subdivision 3, is amended to read:
154.2 		Subd. 3.Officers; staff. The executive director of each health-related board and 
154.3 	the executive secretary of each non-health-related board shall be the chief administrative 
154.4 	officer for the board but shall not be a member of the board. The executive director or 
154.5 	executive secretary shall maintain the records of the board, account for all fees received 
154.6 	by it, supervise and direct employees servicing the board, and perform other services as 
154.7 	directed by the board. The executive directors, executive secretaries, and other employees 
154.8 	of the following boards shall be hired by the board, and the executive directors or executive 
154.9 	secretaries shall be in the unclassified civil service, except as provided in this subdivision:
154.10 	(1) Dentistry;
154.11 	(2) Medical Practice;
154.12 	(3) Nursing;
154.13 	(4) Pharmacy;
154.14 	(5) Accountancy;
154.15 	(6) Architecture, Engineering, Land Surveying, Landscape Architecture, 
154.16 	Geoscience, and Interior Design;
154.17 	(7) Barber Examiners;
154.18 	(8) Cosmetology;
154.19 	(9) Electricity;
154.20 	(10)(9) Teaching;
154.21 	(11)(10) Peace Officer Standards and Training;
154.22 	(12)(11) Social Work;
154.23 	(13)(12) Marriage and Family Therapy;
154.24 	(14)(13) Dietetics and Nutrition Practice; and
154.25 	(15)(14) Licensed Professional Counseling.
154.26 	The executive directors or executive secretaries serving the boards are hired by those 
154.27 	boards and are in the unclassified civil service, except for part-time executive directors 
154.28 	or executive secretaries, who are not required to be in the unclassified service. Boards 
154.29 	not requiring full-time executive directors or executive secretaries may employ them on 
154.30 	a part-time basis. To the extent practicable, the sharing of part-time executive directors 
154.31 	or executive secretaries by boards being serviced by the same department is encouraged. 
154.32 	Persons providing services to those boards not listed in this subdivision, except executive 
154.33 	directors or executive secretaries of the boards and employees of the attorney general, are 
154.34 	classified civil service employees of the department servicing the board. To the extent 
154.35 	practicable, the commissioner shall ensure that staff services are shared by the boards 
155.1 	being serviced by the department. If necessary, a board may hire part-time, temporary 
155.2 	employees to administer and grade examinations.

155.3 	Sec. 9. Minnesota Statutes 2004, section 327.20, subdivision 1, is amended to read:
155.4 		Subdivision 1.Rules. No domestic animals or house pets of occupants of 
155.5 	manufactured home parks or recreational camping areas shall be allowed to run at large, 
155.6 	or commit any nuisances within the limits of a manufactured home park or recreational 
155.7 	camping area. Each manufactured home park or recreational camping area licensed under 
155.8 	the provisions of sections  327.10,  327.11,  327.14 to  327.28 shall, among other things, 
155.9 	provide for the following, in the manner hereinafter specified: 
155.10 	(1) A responsible attendant or caretaker shall be in charge of every manufactured 
155.11 	home park or recreational camping area at all times, who shall maintain the park or 
155.12 	area, and its facilities and equipment in a clean, orderly and sanitary condition. In any 
155.13 	manufactured home park containing more than 50 lots, the attendant, caretaker, or other 
155.14 	responsible park employee, shall be readily available at all times in case of emergency.
155.15 	(2) All manufactured home parks shall be well drained and be located so that the 
155.16 	drainage of the park area will not endanger any water supply. No wastewater from 
155.17 	manufactured homes or recreational camping vehicles shall be deposited on the surface of 
155.18 	the ground. All sewage and other water carried wastes shall be discharged into a municipal 
155.19 	sewage system whenever available. When a municipal sewage system is not available, a 
155.20 	sewage disposal system acceptable to the state commissioner of health shall be provided.
155.21 	(3) No manufactured home shall be located closer than three feet to the side lot lines 
155.22 	of a manufactured home park, if the abutting property is improved property, or closer than 
155.23 	ten feet to a public street or alley. Each individual site shall abut or face on a driveway 
155.24 	or clear unoccupied space of not less than 16 feet in width, which space shall have 
155.25 	unobstructed access to a public highway or alley. There shall be an open space of at least 
155.26 	ten feet between the sides of adjacent manufactured homes including their attachments 
155.27 	and at least three feet between manufactured homes when parked end to end. The space 
155.28 	between manufactured homes may be used for the parking of motor vehicles and other 
155.29 	property, if the vehicle or other property is parked at least ten feet from the nearest 
155.30 	adjacent manufactured home position. The requirements of this paragraph shall not apply 
155.31 	to recreational camping areas and variances may be granted by the state commissioner 
155.32 	of health in manufactured home parks when the variance is applied for in writing and in 
155.33 	the opinion of the commissioner the variance will not endanger the health, safety, and 
155.34 	welfare of manufactured home park occupants.
156.1 	(4) An adequate supply of water of safe, sanitary quality shall be furnished at each 
156.2 	manufactured home park or recreational camping area. The source of the water supply 
156.3 	shall first be approved by the state Department of Health.
156.4 	(5) All plumbing shall be installed in accordance with the rules of the state 
156.5 	commissioner of healthlabor and industry and the provisions of the Minnesota Plumbing 
156.6 	Code.
156.7 	(6) In the case of a manufactured home park with less than ten manufactured homes, 
156.8 	a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of 
156.9 	the park in times of severe weather conditions, such as tornadoes, high winds, and floods. 
156.10 	The shelter or evacuation plan shall be developed with the assistance and approval of 
156.11 	the municipality where the park is located and shall be posted at conspicuous locations 
156.12 	throughout the park. The park owner shall provide each resident with a copy of the 
156.13 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
156.14 	Nothing in this paragraph requires the Department of Health to review or approve any 
156.15 	shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan 
156.16 	submitted by a park shall not be grounds for action against the park by the Department of 
156.17 	Health if the park has made a good faith effort to develop the plan and obtain municipal 
156.18 	approval. 
156.19 	(7) A manufactured home park with ten or more manufactured homes, licensed prior 
156.20 	to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the 
156.21 	evacuation of park residents to a safe place of shelter within a reasonable distance of the 
156.22 	park for use by park residents in times of severe weather, including tornadoes and high 
156.23 	winds. The shelter or evacuation plan must be approved by the municipality by March 1, 
156.24 	1989. The municipality may require the park owner to construct a shelter if it determines 
156.25 	that a safe place of shelter is not available within a reasonable distance from the park. A 
156.26 	copy of the municipal approval and the plan shall be submitted by the park owner to the 
156.27 	Department of Health. The park owner shall provide each resident with a copy of the 
156.28 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
156.29 	(8) A manufactured home park with ten or more manufactured homes, receiving 
156.30 	a primary license after March 1, 1988, must provide the type of shelter required by 
156.31 	section  327.205, except that for manufactured home parks established as temporary, 
156.32 	emergency housing in a disaster area declared by the President of the United States or 
156.33 	the governor, an approved evacuation plan may be provided in lieu of a shelter for a 
156.34 	period not exceeding 18 months. 
156.35 	(9) For the purposes of this subdivision, "park owner" and "resident" have the 
156.36 	meaning given them in section  327C.01. 

157.1 	Sec. 10. Minnesota Statutes 2004, section 327.205, is amended to read:
157.2 	327.205 SHELTER CONSTRUCTION STANDARDS.
157.3 	The commissioner of administration labor and industry shall adopt, by rule, 
157.4 	minimum standards for the construction of low cost manufactured home park storm 
157.5 	shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be 
157.6 	constructed in accordance with these standards.

157.7 	Sec. 11. Minnesota Statutes 2004, section 327A.01, subdivision 2, is amended to read:
157.8 		Subd. 2.Building standards. "Building standards" means the materials and 
157.9 	installation standards of the State Building Code, adopted by the commissioner of 
157.10 	administrationlabor and industry pursuant to sections  16B.59 to  16B.75, in effect at 
157.11 	the time of the construction or remodeling. 

157.12 	Sec. 12. Minnesota Statutes 2004, section 363A.40, subdivision 1, is amended to read:
157.13 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
157.14 	(a) "Accessible unit" means an accessible rental housing unit that meets the 
157.15 	handicapped facility persons with disabilities requirements of the State Building Code, 
157.16 	Minnesota Rules, chapter 1340.
157.17 	(b) "Landlord" has the meaning given it in section  504B.001, subdivision 7. 

157.18 	Sec. 13. Minnesota Statutes 2004, section 462.357, subdivision 6a, is amended to read:
157.19 		Subd. 6a.Normal residential surroundings for handicapped persons with 
157.20 	disabilities. It is the policy of this state that handicapped persons and children with 
157.21 	disabilities should not be excluded by municipal zoning ordinances or other land 
157.22 	use regulations from the benefits of normal residential surroundings. For purposes 
157.23 	of subdivisions 6a through 9, "person" has the meaning given in section  245A.02, 
157.24 	subdivision 11. 

157.25 	Sec. 14. Minnesota Statutes 2004, section 462A.07, subdivision 8, is amended to read:
157.26 		Subd. 8.State Building Code. It may assist the commissioner of administration
157.27 	labor and industry in the development, implementation and revision of a uniform State 
157.28 	Building Code.

157.29 	Sec. 15. Minnesota Statutes 2004, section 471.465, is amended to read:
157.30 	471.465 PERSONS WITH DISABILITIES, BUILDING REGULATIONS; 
157.31 	DEFINITIONS.
158.1 		Subdivision 1.Scope. For the purposes of sections  471.465 to  471.469, the terms 
158.2 	defined in this section have the meanings given them. 
158.3 		Subd. 2.Buildings and facilities. "Buildings and facilities" means any and all 
158.4 	buildings and facilities and the grounds appurtenant thereto within any city, township or 
158.5 	other governmental subdivision of the state other than all farm dwellings and buildings 
158.6 	and single and two family dwellings. However, on the date on which rules promulgated by 
158.7 	the commissioner of administration labor and industry regarding building requirements for 
158.8 	handicapped persons with disabilities shall become effective, "buildings and facilities" 
158.9 	shall mean only those structures which must provide facilities for the handicapped persons 
158.10 	with disabilities pursuant to said rules.
158.11 		Subd. 3.Physically handicapped Persons with disabilities. "Physically 
158.12 	handicapped Persons with disabilities" means and includes people having sight disabilities, 
158.13 	hearing disabilities, disabilities of incoordination, disabilities of aging, and any other 
158.14 	disability that significantly reduces mobility, flexibility, coordination, or perceptiveness.
158.15 		Subd. 4.Remodeling. "Remodeling" means deliberate reconstruction of an existing 
158.16 	building or facility in whole or in part in order to bring it up to date to conform with 
158.17 	present uses of the structure and to conform with rules and regulations on the upgrading 
158.18 	of health and safety aspects of structures.
158.19 		Subd. 5.Local authority. "Local authority" means the local authority having 
158.20 	jurisdiction over local building construction.

158.21 	Sec. 16. Minnesota Statutes 2004, section 471.466, is amended to read:
158.22 	471.466 ADMINISTRATION AND ENFORCEMENT.
158.23 	The duty and power to administer and enforce sections  471.465 to  471.469 is 
158.24 	conferred upon and vested in the commissioner of administration labor and industry and 
158.25 	the local authority. 

158.26 	Sec. 17. Minnesota Statutes 2004, section 471.467, is amended to read:
158.27 	471.467 BUILDING REQUIREMENTS; CONFORMITY.
158.28 		Subdivision 1.Date applicable. On the date on which rules promulgated by the 
158.29 	commissioner of administration labor and industry regarding building requirements for 
158.30 	handicapped persons with disabilities shall become effective, said rules shall exclusively 
158.31 	govern the provision of facilities.
158.32 		Subd. 2.No remodeling if solely for handicapped persons with disabilities.
 158.33 	Nothing in sections  471.465 to  471.469 shall be construed to require the remodeling 
159.1 	of buildings solely to provide accessibility and usability to the physically handicapped
159.2 	persons with disabilities when remodeling would not otherwise be undertaken. 
159.3 		Subd. 3.Applies to remodeled part. When any building or facility covered 
159.4 	by sections  471.465 to  471.469 undergoes remodeling either in whole or in part, that 
159.5 	portion of the building or facility remodeled shall conform to the requirements of sections  
159.6 	471.465 to  471.469. 

159.7 	Sec. 18. Minnesota Statutes 2004, section 471.471, is amended to read:
159.8 	471.471 ACCESS REVIEW BOARD.
159.9 		Subdivision 1.Membership. The Access Review Board consists of:
159.10 	(1) a representative of the Building Code and Standards Division of the Department 
159.11 	of Administration Labor and Industry, appointed by the commissioner of administration
159.12 	labor and industry;
159.13 	(2) a representative of the state fire marshal's office, appointed by the commissioner 
159.14 	of public safety;
159.15 	(3) the commissioner of human rights or the commissioner's designee;
159.16 	(4) a representative of the elevator safety section, designated by the commissioner of 
159.17 	labor and industry or the commissioner's designee; and
159.18 	(5) the chair of the Council on Disability or the chair's designee.
159.19 	The board shall elect a chair from among its members. Terms of members coincide with 
159.20 	the terms of their appointing authorities or, in the case of ex officio members or their 
159.21 	designees, with the terms of the offices by virtue of which they are members of the board. 
159.22 	Compensation of members is governed by section  15.0575, subdivision 3. 
159.23 		Subd. 2.Staff; administrative support. The commissioner of administration labor 
159.24 	and industry shall furnish staff, office space, and administrative support to the board. Staff 
159.25 	assigned to the board must be knowledgeable with respect to access codes, site surveys, 
159.26 	plan design, and product use and eligibility.
159.27 		Subd. 3.Duties. The board shall consider applications for waivers from the 
159.28 	State Building Code to permit the installation of stairway chair lifts to provide limited 
159.29 	accessibility for the physically disabled persons with disabilities to buildings in which 
159.30 	the provision of access by means permitted under the State Building Code is not 
159.31 	architecturally or financially possible. In considering applications, the board shall review 
159.32 	other possible access options. The board may approve an application for installation of a 
159.33 	stairway chair when the board determines that the installation would be appropriate and 
159.34 	no other means of access is possible. In determining whether to approve an application, 
159.35 	the board shall consider:
160.1 	(1) the need for limited accessibility when a higher degree of accessibility is not 
160.2 	required by state or federal law or rule;
160.3 	(2) the architectural feasibility of providing a greater degree of accessibility than 
160.4 	would be provided by the proposed device or equipment;
160.5 	(3) the total cost of the proposed device or equipment over its projected usable life, 
160.6 	including installation, maintenance, and replacement costs;
160.7 	(4) the reliability of the proposed device or equipment;
160.8 	(5) the applicant's ability to comply with all recognized access and safety standards 
160.9 	for installation and maintenance; and
160.10 	(6) whether the proposed device or equipment can be operated and used without 
160.11 	reducing or compromising minimum safety standards.
160.12 	The board shall consider the applicant's demonstrated inability to afford a greater degree 
160.13 	of accessibility, but may not give greater weight to this factor than to the factors listed 
160.14 	in clauses (1) to (6). The board may not approve an application unless the applicant 
160.15 	guarantees that the device or equipment will be installed and operated in accordance with 
160.16 	nationally recognized standards for such devices or equipment and agrees to obtain any 
160.17 	permits needed from the agency responsible for enforcing those standards.
160.18 		Subd. 4.Application process. A person seeking a waiver shall apply to the 
160.19 	Building Code and Standards Division of the Department of Administration Labor and 
160.20 	Industry on a form prescribed by the board and pay a $70 fee to the construction code 
160.21 	fund. The division shall review the application to determine whether it appears to be 
160.22 	meritorious, using the standards set out in subdivision 3. The division shall forward 
160.23 	applications it considers meritorious to the board, along with a list and summary of 
160.24 	applications considered not to be meritorious. The board may require the division to 
160.25 	forward to it an application the division has considered not to be meritorious. The board 
160.26 	shall issue a decision on an application within 90 days of its receipt. A board decision 
160.27 	to approve an application must be unanimous. An application that contains false or 
160.28 	misleading information must be rejected.
160.29 		Subd. 5.Liability. Board members are immune from liability for personal injury or 
160.30 	death resulting from the use or misuse of a device or equipment installed and operated 
160.31 	under a waiver granted by the board.

160.32 	EFFECTIVE DATE. This section is effective July 1, 2006.

161.1 	ARTICLE 12
161.2 	REPEALER; EFFECTIVE DATE

161.3 	Section 1.  REPEALER.
 (a)161.4 	Minnesota Statutes 2004, sections 183.001; 183.02; 183.375, subdivisions 1, 
161.5 	2, 3, 4, and 6; 183.41, subdivisions 1, 2, and 3; 183.44, subdivisions 2 and 3; 183.52; 
161.6 	183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and 6; 326.01, subdivisions 6h, 10, 
161.7 	11, 12, and 13; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, and 10; 
161.8 	326.244, subdivision 6; 326.246; 326.2461; 326.41; 326.44; 326.45; 326.461, subdivision 
161.9 	3; 326.47, subdivisions 2 and 5; 326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 
161.10 	4, 12, and 13; 326.85; 326.875; 326.945; 326.975, subdivisions 1a, 1b, 2, and 3; 326.991, 
161.11 	subdivision 2; and 327B.05, subdivisions 2, 3, 4, 5, and 6, and Minnesota Statutes 2005 
161.12 	Supplement, sections 183.41, subdivision 4; 183.44, subdivision 1; 183.545, subdivision 
161.13 	9; and 326.975, subdivision 1, are repealed.
(b)161.14 	Minnesota Statutes 2004, sections 183.375, subdivision 5; 326.44; 326.52; and 
161.15 	326.64,are repealed.
161.16 	(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 
161.17 	3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 
161.18 	4717.7000, subpart 1, item I; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and 9; 5230.0010; 
161.19 	5230.0020; and 5230.0040, are repealed.

161.20 	EFFECTIVE DATE. Paragraphs (a) and (c) are effective December 1, 2006. 
161.21 	Paragraph (b) is effective July 1, 2006.

161.22 	Sec. 2. EFFECTIVE DATE.
 161.23 	This act is effective December 1, 2006, except when another date is specified. The 
161.24 	revisor's instructions contained in this act shall be implemented for the 2006 edition of 
161.25 	Minnesota Statutes.