Minnesota Administrative Rules

7512.0800 CONTRACTOR'S MANAGING EMPLOYEE REQUIREMENTS.

Subpart 1.

Employment of managing employee.

A fire protection contractor shall employ a person who meets the requirements for a managing employee contained in parts 7512.1300 to 7512.1600. The managing employee shall supervise the performance of all fire protection-related work by the contractor.

Subp. 2.

Exceptions.

Except as provided in subparts 3 to 6, a contractor shall not perform fire protection-related work after the contractor loses its managing employee. A contractor loses its managing employee when the managing employee is no longer employed by the contractor or when the managing employee no longer meets the requirements of parts 7512.1300 to 7512.1600. The limitations and conditions of subparts 3 to 6 no longer apply to a contractor after the contractor employs a new managing employee who meets the requirements of parts 7512.1300 to 7512.1600.

Subparts 3 to 6 must not be interpreted to require the commissioner to issue a contractor license to an applicant for an initial contractor license who does not have a managing employee.

Subp. 3.

Notice to commissioner.

The contractor shall notify the commissioner within three days after the contractor loses its managing employee.

Subp. 4.

Fourteen-day grace period.

The contractor may continue performing fire protection-related work for a period of 14 days after the contractor loses its managing employee, provided the contractor:

A.

notifies the commissioner under subpart 3; and

B.

sufficiently supervises its work to ensure that the work is performed in compliance with the fire code and the building code and that worker safety is not compromised.

Subp. 5.

Continuing grace period.

The contractor may continue performing fire protection-related work after the end of the 14-day period under subpart 4 and until seven days after the results of the next managing employee examination are issued, if the contractor meets the following conditions:

A.

the contractor designates an employee as acting managing employee;

B.

the person designated by the contractor meets the qualifications of part 7512.1300 to take the managing employee examination;

C.

the person designated by the contractor submits an application to take the next managing employee examination; and

D.

the commissioner determines that the person designated by the contractor will likely pass the managing employee examination, based on the person's qualifications and experiences.

Subp. 6.

Deadline to designate new managing employee.

Within seven days after the results of the next managing employee examination are issued, the contractor either shall designate a new managing employee who meets the qualifications of parts 7512.1300 to 7512.1600 or shall discontinue performing fire protection-related work.

Statutory Authority:

MS s 299M.04

History:

18 SR 1870

Published Electronically:

November 8, 2006