Bill Text: MN SF1049 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Building code administrators and inspections board establishment
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-28 - Referred to Jobs and Economic Growth [SF1049 Detail]
Download: Minnesota-2011-SF1049-Introduced.html
1.2relating to building officials; establishing the Building Code Administrators
1.3and Inspections Board;amending Minnesota Statutes 2010, sections 326B.133,
1.4subdivisions 2, 3, 8, 9; 326B.135, subdivisions 1, 2; proposing coding for new
1.5law in Minnesota Statutes, chapter 326B.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [326B.128] BUILDING CODE ADMINISTRATORS AND
1.8INSPECTIONS BOARD.
1.9 Subdivision 1. Establishment and membership. (a) The Building Code
1.10Administrators and Inspections Board is established and shall consist of nine members
1.11appointed by the governor with the advice and consent of the senate. All members shall be
1.12voting members. Appointments of members by the governor shall be made in accordance
1.13with section 15.066. If the senate votes to refuse to consent to an appointment of a
1.14member made by the governor, the governor shall appoint a new member with the advice
1.15and consent of the senate. Of the nine members, the composition shall be as follows:
1.16(1) one member shall be an architect licensed under chapter 326 or an engineer
1.17licensed under chapter 326;
1.18(2) two members shall be certified building officials, one from the 13-county
1.19metropolitan area and one from greater Minnesota;
1.20(3) one member shall be a representative of the Minnesota Building Permit
1.21Technicians Association;
1.22(4) one member shall represent organized labor;
1.23(5) one member shall be the commissioner of labor and industry or the
1.24commissioner's designee;
1.25(6) one member shall represent the League of Minnesota Cities;
2.1(7) one member shall be the construction programs coordinator of the Minnesota
2.2State Colleges and Universities system and shall serve as an ex officio member of the
2.3board; and
2.4(8) one member shall be a public member as defined by section 214.02.
2.5Members shall be appointed for four-year terms. The governor shall initially appoint
2.6two members for a one-year term, two members for two-year terms, two members for
2.7three-year terms, and two members for four-year terms. The commissioner shall be
2.8appointed to a four-year term.
2.9 Subd. 2. Powers, duties, and administrative support. (a) The board shall have
2.10the power to:
2.11(1) elect its chair, vice-chair, and secretary;
2.12(2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
2.13and containing such other provisions as may be useful and necessary for the efficient
2.14conduct of the business of the board;
2.15(3) adopt rules that regulate the licensure and certification of building officials,
2.16building inspectors, and construction code inspectors;
2.17(4) adopt rules that regulate continuing education and examination requirements for
2.18building officials, building officials limited, and accessibility specialists;
2.19(5) select from its members individuals to serve on any other state advisory council,
2.20board, or committee; and
2.21(6) recommend the fees for licenses and certifications.
2.22(b) The board shall comply with section 15.0597, subdivisions 2 and 4.
2.23(c) The commissioner shall coordinate the board's rulemaking and recommendations
2.24with the recommendations and rulemaking conducted by the other boards created pursuant
2.25to this chapter. The commissioner shall provide staff support to the board. The support
2.26includes professional, legal, technical, and clerical staff necessary to perform rulemaking
2.27and other duties assigned to the board. The commissioner of labor and industry shall
2.28supply necessary office space and supplies to assist the board in its duties.
2.29 Subd. 3. Compensation. Board members shall not receive compensation or
2.30reimbursement for expenses related to board activities.
2.31 Subd. 4. Removal; vacancy. (a) An appointed member of the board may be
2.32removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
2.33missing three consecutive meetings. The chair of the board shall inform the governor of an
2.34appointed member missing the three consecutive meetings. After the second consecutive
2.35missed meeting and before the next meeting, the secretary of the board shall notify the
2.36appointed member in writing that the member may be removed for missing the next
3.1meeting. In the case of a vacancy on the board, the governor shall, with the advice
3.2and consent of the senate, appoint a person to fill the vacancy for the remainder of the
3.3unexpired term.
3.4(b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
3.5 Subd. 5. Membership vacancy within three months of appointment.
3.6Notwithstanding any law to the contrary, when a membership on the board becomes
3.7vacant within three months after being filled through the appointments process, the
3.8governor may, upon notification to the office of secretary of state, choose a new member
3.9from the applications on hand from the vacating member's appointments process and need
3.10not repeat the process under subdivision 1.
3.11 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
3.12members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
3.13majority of members of the board qualified to vote on the matter in question. All questions
3.14concerning the manner in which a meeting is conducted or called that is not covered
3.15by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
3.16specified by the bylaws.
3.17(b) Each proposed rule and rule amendment considered by the board pursuant to
3.18the rulemaking authority specified in subdivision 2 that receives an affirmative majority
3.19vote of all the voting members of the board shall be included in the next rulemaking
3.20proceeding initiated by the board. If a proposed rule or rule amendment considered or
3.21reconsidered by the board receives less than an affirmative majority vote of all the voting
3.22members of the board, the proposed rule or rule amendment shall not be included in the
3.23next rulemaking proceeding initiated by the board.
3.24(c) The board may reconsider proposed rules or rule amendments during an
3.25active rulemaking proceeding in which the amendment previously failed to receive an
3.26affirmative majority vote of all the voting members of the board only if new or updated
3.27information that affects the proposed rule or rule amendment is presented to the board.
3.28The board may also reconsider failed proposed rules or rule amendments in subsequent
3.29rulemaking proceedings.
3.30 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
3.31board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
3.32and in such a manner as the bylaws may provide.
3.33(b) If compliance with section 13D.02 is impractical, the board may conduct a
3.34meeting of its members by telephone or other electronic means so long as the following
3.35conditions are met:
4.1(1) all members of the board participating in the meeting, wherever their physical
4.2location, can hear one another and can hear all discussion and testimony;
4.3(2) members of the public present at the regular meeting location of the board can
4.4hear clearly all discussion and testimony and all votes of members of the board and, if
4.5needed, receive those services required by sections 15.44 and 15.441;
4.6(3) at least one member of the board is physically present at the regular meeting
4.7location; and
4.8(4) all votes are conducted by roll call, so each member's vote on each issue can be
4.9identified and recorded.
4.10(c) Each member of the board participating in a meeting by telephone or other
4.11electronic means is considered present at the meeting for purposes of determining a
4.12quorum and participating in all proceedings.
4.13(d) If telephone or other electronic means is used to conduct a regular, special, or
4.14emergency meeting, the board, to the extent practical, shall allow a person to monitor
4.15the meeting electronically from a remote location. The board may require the person
4.16making such a connection to pay for documented costs that the board incurs as a result of
4.17the additional connection.
4.18(e) If telephone or other electronic means is used to conduct a regular, special,
4.19or emergency meeting, the board shall provide notice of the regular meeting location,
4.20of the fact that some members may participate by telephone or other electronic means,
4.21and that a person may monitor the meeting electronically from a remote location. Any
4.22person monitoring the meeting electronically from a remote location may be required to
4.23pay documented costs incurred by the board as a result of the additional connection. The
4.24timing and method of providing notice is governed by section 13D.04.
4.25 Subd. 8. Data Practices Act. The board is subject to chapter 13, the Minnesota
4.26Government Data Practices Act, and shall protect from unlawful disclosure data classified
4.27as not public.
4.28 Subd. 9. Official records. The board shall make and preserve all records necessary
4.29for a full and accurate knowledge of its official activities in accordance with section 15.17.
4.30 Sec. 2. Minnesota Statutes 2010, section 326B.133, subdivision 2, is amended to read:
4.31 Subd. 2. Qualifications. A building official, to be eligible for designation, must
4.32be certified and have the experience in design, construction, and supervision which the
4.33commissioner board under section 326B.128 deems necessary and must be generally
4.34informed on the quality and strength of building materials, accepted building construction
4.35requirements, and the nature of equipment and needs conducive to the safety, comfort, and
5.1convenience of building occupants. No person may be designated as a building official for
5.2a municipality unless thecommissioner board determines that the official is qualified as
5.3provided in subdivision 3.
5.4 Sec. 3. Minnesota Statutes 2010, section 326B.133, subdivision 3, is amended to read:
5.5 Subd. 3. Certification criteria. Thecommissioner board under section 326B.128
5.6shall by rule establish certification criteria as proof of qualification pursuant to subdivision
5.72. Thecommissioner board may:
5.8 (1) develop and administer written and practical examinations to determine if a
5.9person is qualified pursuant to subdivision 2 to be a building official;
5.10 (2) accept documentation of successful completion of testing programs developed
5.11and administered by nationally recognized testing agencies, as proof of qualification
5.12pursuant to subdivision 2; or
5.13 (3) determine qualifications by satisfactory completion of clause (2) and a mandatory
5.14training program developed or approved by thecommissioner board.
5.15 Upon a determination of qualification under clause (1), (2), or (3), the commissioner
5.16shall issue a certificate to the building official stating that the official is certified. The
5.17commissioner or a designee may establish categories of certification that will recognize
5.18the varying complexities of code enforcement in the municipalities within the state. The
5.19commissioner shall provide educational programs designed to train and assist building
5.20officials in carrying out their responsibilities.
5.21 Sec. 4. Minnesota Statutes 2010, section 326B.133, subdivision 8, is amended to read:
5.22 Subd. 8. Continuing education requirements; extension of time. (a) This
5.23subdivision establishes the number of continuing education units required within each
5.24two-year certification period.
5.25A certified building official shall accumulate 16 continuing education units in any
5.26education program that is approved under Minnesota Rules, part 1301.1000.
5.27A certified building official-limited shall, in each year of the initial two-year
5.28certification period, accumulate eight continuing education units in any education program
5.29that is approved under Minnesota Rules, part 1301.1000. Continuing education units
5.30shall be reported annually during the initial two-year certification period by the method
5.31established in rule. A certified building official-limited shall accumulate 16 continuing
5.32education units for each two-year certification period thereafter in any education program
5.33that is approved under Minnesota Rules, part 1301.1000.
6.1An accessibility specialist must accumulate four continuing education units in any
6.2of the programs described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four
6.3units must be for courses relating to building accessibility, plan review, field inspection,
6.4or building code administration.
6.5Continuing education programs may be approved as established in rule.
6.6 (b) Subject to sections326B.101 to
326B.194 , the commissioner board may by rule
6.7establish or approve continuing education programs for certified building officials dealing
6.8with matters of building code administration, inspection, and enforcement.
6.9 Each person certified as a building official for the state must satisfactorily complete
6.10applicable educational programs established or approved by thecommissioner board to
6.11renew certification.
6.12(c) The state building official may grant an extension of time to comply with
6.13continuing education requirements if the certificate holder requesting the extension of
6.14time shows cause for the extension. The request for the extension must be in writing. For
6.15purposes of this section, the certificate holder's current certification effective dates shall
6.16remain the same. The extension does not relieve the certificate holder from complying
6.17with the continuing education requirements for the next two-year period.
6.18 Sec. 5. Minnesota Statutes 2010, section 326B.133, subdivision 9, is amended to read:
6.19 Subd. 9. Renewal. (a) Subject to sections326B.101 to
326B.194 , the commissioner
6.20of labor and industry board under section 326B.128 may by rule adopt standards dealing
6.21with renewal requirements.
6.22 (b) If the commissioner has not issued a notice of denial of application for a
6.23certificate holder and if the certificate holder has properly and timely filed a fully completed
6.24renewal application, then the certificate holder may continue to engage in building official
6.25activities whether or not the renewed certificate has been received. Applications must be
6.26made on a form approved by the commissioner. Each application for renewal must be
6.27fully completed, and be accompanied by proof of the satisfactory completion of minimum
6.28continuing education requirements and the certification renewal fee established by the
6.29commissioner. Applications are timely if received prior to the expiration of the most
6.30recently issued certificate. An application for renewal that does not contain all of the
6.31information requested is an incomplete application and will not be accepted.
6.32 Sec. 6. Minnesota Statutes 2010, section 326B.135, subdivision 1, is amended to read:
6.33 Subdivision 1. Competency criteria.The commissioner of labor and industry
6.34As provided under section 326B.128, subdivision 2, the Building Code Administrators
7.1and Inspections Board shall adopt rules establishing required competency criteria for
7.2individuals serving as construction code inspectors. For the purpose of this section,
7.3"construction code inspectors" means building inspectors, mechanical inspectors,
7.4plumbing inspectors, and combination inspectors under the supervision of the building
7.5official. Required competency criteria shall be relevant to the building, mechanical, and
7.6plumbing codes as adopted in Minnesota.
7.7 Sec. 7. Minnesota Statutes 2010, section 326B.135, subdivision 2, is amended to read:
7.8 Subd. 2. Continuing education.The commissioner of labor and industry As
7.9provided under section 326B.128, subdivision 2, the Building Code Administrators and
7.10Inspections Board shall adopt rules establishing or approving education programs for
7.11construction inspectors related to construction inspection and administration of the State
7.12Building Code. Each construction code inspector must satisfactorily complete continuing
7.13education requirements as established in rule by thecommissioner board.
1.3and Inspections Board;amending Minnesota Statutes 2010, sections 326B.133,
1.4subdivisions 2, 3, 8, 9; 326B.135, subdivisions 1, 2; proposing coding for new
1.5law in Minnesota Statutes, chapter 326B.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [326B.128] BUILDING CODE ADMINISTRATORS AND
1.8INSPECTIONS BOARD.
1.9 Subdivision 1. Establishment and membership. (a) The Building Code
1.10Administrators and Inspections Board is established and shall consist of nine members
1.11appointed by the governor with the advice and consent of the senate. All members shall be
1.12voting members. Appointments of members by the governor shall be made in accordance
1.13with section 15.066. If the senate votes to refuse to consent to an appointment of a
1.14member made by the governor, the governor shall appoint a new member with the advice
1.15and consent of the senate. Of the nine members, the composition shall be as follows:
1.16(1) one member shall be an architect licensed under chapter 326 or an engineer
1.17licensed under chapter 326;
1.18(2) two members shall be certified building officials, one from the 13-county
1.19metropolitan area and one from greater Minnesota;
1.20(3) one member shall be a representative of the Minnesota Building Permit
1.21Technicians Association;
1.22(4) one member shall represent organized labor;
1.23(5) one member shall be the commissioner of labor and industry or the
1.24commissioner's designee;
1.25(6) one member shall represent the League of Minnesota Cities;
2.1(7) one member shall be the construction programs coordinator of the Minnesota
2.2State Colleges and Universities system and shall serve as an ex officio member of the
2.3board; and
2.4(8) one member shall be a public member as defined by section 214.02.
2.5Members shall be appointed for four-year terms. The governor shall initially appoint
2.6two members for a one-year term, two members for two-year terms, two members for
2.7three-year terms, and two members for four-year terms. The commissioner shall be
2.8appointed to a four-year term.
2.9 Subd. 2. Powers, duties, and administrative support. (a) The board shall have
2.10the power to:
2.11(1) elect its chair, vice-chair, and secretary;
2.12(2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
2.13and containing such other provisions as may be useful and necessary for the efficient
2.14conduct of the business of the board;
2.15(3) adopt rules that regulate the licensure and certification of building officials,
2.16building inspectors, and construction code inspectors;
2.17(4) adopt rules that regulate continuing education and examination requirements for
2.18building officials, building officials limited, and accessibility specialists;
2.19(5) select from its members individuals to serve on any other state advisory council,
2.20board, or committee; and
2.21(6) recommend the fees for licenses and certifications.
2.22(b) The board shall comply with section 15.0597, subdivisions 2 and 4.
2.23(c) The commissioner shall coordinate the board's rulemaking and recommendations
2.24with the recommendations and rulemaking conducted by the other boards created pursuant
2.25to this chapter. The commissioner shall provide staff support to the board. The support
2.26includes professional, legal, technical, and clerical staff necessary to perform rulemaking
2.27and other duties assigned to the board. The commissioner of labor and industry shall
2.28supply necessary office space and supplies to assist the board in its duties.
2.29 Subd. 3. Compensation. Board members shall not receive compensation or
2.30reimbursement for expenses related to board activities.
2.31 Subd. 4. Removal; vacancy. (a) An appointed member of the board may be
2.32removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
2.33missing three consecutive meetings. The chair of the board shall inform the governor of an
2.34appointed member missing the three consecutive meetings. After the second consecutive
2.35missed meeting and before the next meeting, the secretary of the board shall notify the
2.36appointed member in writing that the member may be removed for missing the next
3.1meeting. In the case of a vacancy on the board, the governor shall, with the advice
3.2and consent of the senate, appoint a person to fill the vacancy for the remainder of the
3.3unexpired term.
3.4(b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
3.5 Subd. 5. Membership vacancy within three months of appointment.
3.6Notwithstanding any law to the contrary, when a membership on the board becomes
3.7vacant within three months after being filled through the appointments process, the
3.8governor may, upon notification to the office of secretary of state, choose a new member
3.9from the applications on hand from the vacating member's appointments process and need
3.10not repeat the process under subdivision 1.
3.11 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
3.12members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
3.13majority of members of the board qualified to vote on the matter in question. All questions
3.14concerning the manner in which a meeting is conducted or called that is not covered
3.15by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
3.16specified by the bylaws.
3.17(b) Each proposed rule and rule amendment considered by the board pursuant to
3.18the rulemaking authority specified in subdivision 2 that receives an affirmative majority
3.19vote of all the voting members of the board shall be included in the next rulemaking
3.20proceeding initiated by the board. If a proposed rule or rule amendment considered or
3.21reconsidered by the board receives less than an affirmative majority vote of all the voting
3.22members of the board, the proposed rule or rule amendment shall not be included in the
3.23next rulemaking proceeding initiated by the board.
3.24(c) The board may reconsider proposed rules or rule amendments during an
3.25active rulemaking proceeding in which the amendment previously failed to receive an
3.26affirmative majority vote of all the voting members of the board only if new or updated
3.27information that affects the proposed rule or rule amendment is presented to the board.
3.28The board may also reconsider failed proposed rules or rule amendments in subsequent
3.29rulemaking proceedings.
3.30 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
3.31board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
3.32and in such a manner as the bylaws may provide.
3.33(b) If compliance with section 13D.02 is impractical, the board may conduct a
3.34meeting of its members by telephone or other electronic means so long as the following
3.35conditions are met:
4.1(1) all members of the board participating in the meeting, wherever their physical
4.2location, can hear one another and can hear all discussion and testimony;
4.3(2) members of the public present at the regular meeting location of the board can
4.4hear clearly all discussion and testimony and all votes of members of the board and, if
4.5needed, receive those services required by sections 15.44 and 15.441;
4.6(3) at least one member of the board is physically present at the regular meeting
4.7location; and
4.8(4) all votes are conducted by roll call, so each member's vote on each issue can be
4.9identified and recorded.
4.10(c) Each member of the board participating in a meeting by telephone or other
4.11electronic means is considered present at the meeting for purposes of determining a
4.12quorum and participating in all proceedings.
4.13(d) If telephone or other electronic means is used to conduct a regular, special, or
4.14emergency meeting, the board, to the extent practical, shall allow a person to monitor
4.15the meeting electronically from a remote location. The board may require the person
4.16making such a connection to pay for documented costs that the board incurs as a result of
4.17the additional connection.
4.18(e) If telephone or other electronic means is used to conduct a regular, special,
4.19or emergency meeting, the board shall provide notice of the regular meeting location,
4.20of the fact that some members may participate by telephone or other electronic means,
4.21and that a person may monitor the meeting electronically from a remote location. Any
4.22person monitoring the meeting electronically from a remote location may be required to
4.23pay documented costs incurred by the board as a result of the additional connection. The
4.24timing and method of providing notice is governed by section 13D.04.
4.25 Subd. 8. Data Practices Act. The board is subject to chapter 13, the Minnesota
4.26Government Data Practices Act, and shall protect from unlawful disclosure data classified
4.27as not public.
4.28 Subd. 9. Official records. The board shall make and preserve all records necessary
4.29for a full and accurate knowledge of its official activities in accordance with section 15.17.
4.30 Sec. 2. Minnesota Statutes 2010, section 326B.133, subdivision 2, is amended to read:
4.31 Subd. 2. Qualifications. A building official, to be eligible for designation, must
4.32be certified and have the experience in design, construction, and supervision which the
4.33
4.34informed on the quality and strength of building materials, accepted building construction
4.35requirements, and the nature of equipment and needs conducive to the safety, comfort, and
5.1convenience of building occupants. No person may be designated as a building official for
5.2a municipality unless the
5.3provided in subdivision 3.
5.4 Sec. 3. Minnesota Statutes 2010, section 326B.133, subdivision 3, is amended to read:
5.5 Subd. 3. Certification criteria. The
5.6shall by rule establish certification criteria as proof of qualification pursuant to subdivision
5.72. The
5.8 (1) develop and administer written and practical examinations to determine if a
5.9person is qualified pursuant to subdivision 2 to be a building official;
5.10 (2) accept documentation of successful completion of testing programs developed
5.11and administered by nationally recognized testing agencies, as proof of qualification
5.12pursuant to subdivision 2; or
5.13 (3) determine qualifications by satisfactory completion of clause (2) and a mandatory
5.14training program developed or approved by the
5.15 Upon a determination of qualification under clause (1), (2), or (3), the commissioner
5.16shall issue a certificate to the building official stating that the official is certified. The
5.17commissioner or a designee may establish categories of certification that will recognize
5.18the varying complexities of code enforcement in the municipalities within the state. The
5.19commissioner shall provide educational programs designed to train and assist building
5.20officials in carrying out their responsibilities.
5.21 Sec. 4. Minnesota Statutes 2010, section 326B.133, subdivision 8, is amended to read:
5.22 Subd. 8. Continuing education requirements; extension of time. (a) This
5.23subdivision establishes the number of continuing education units required within each
5.24two-year certification period.
5.25A certified building official shall accumulate 16 continuing education units in any
5.26education program that is approved under Minnesota Rules, part 1301.1000.
5.27A certified building official-limited shall, in each year of the initial two-year
5.28certification period, accumulate eight continuing education units in any education program
5.29that is approved under Minnesota Rules, part 1301.1000. Continuing education units
5.30shall be reported annually during the initial two-year certification period by the method
5.31established in rule. A certified building official-limited shall accumulate 16 continuing
5.32education units for each two-year certification period thereafter in any education program
5.33that is approved under Minnesota Rules, part 1301.1000.
6.1An accessibility specialist must accumulate four continuing education units in any
6.2of the programs described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four
6.3units must be for courses relating to building accessibility, plan review, field inspection,
6.4or building code administration.
6.5Continuing education programs may be approved as established in rule.
6.6 (b) Subject to sections
6.7establish or approve continuing education programs for certified building officials dealing
6.8with matters of building code administration, inspection, and enforcement.
6.9 Each person certified as a building official for the state must satisfactorily complete
6.10applicable educational programs established or approved by the
6.11renew certification.
6.12(c) The state building official may grant an extension of time to comply with
6.13continuing education requirements if the certificate holder requesting the extension of
6.14time shows cause for the extension. The request for the extension must be in writing. For
6.15purposes of this section, the certificate holder's current certification effective dates shall
6.16remain the same. The extension does not relieve the certificate holder from complying
6.17with the continuing education requirements for the next two-year period.
6.18 Sec. 5. Minnesota Statutes 2010, section 326B.133, subdivision 9, is amended to read:
6.19 Subd. 9. Renewal. (a) Subject to sections
6.20
6.21with renewal requirements.
6.22 (b) If the commissioner has not issued a notice of denial of application for a
6.23certificate holder and if the certificate holder has properly and timely filed a fully completed
6.24renewal application, then the certificate holder may continue to engage in building official
6.25activities whether or not the renewed certificate has been received. Applications must be
6.26made on a form approved by the commissioner. Each application for renewal must be
6.27fully completed, and be accompanied by proof of the satisfactory completion of minimum
6.28continuing education requirements and the certification renewal fee established by the
6.29commissioner. Applications are timely if received prior to the expiration of the most
6.30recently issued certificate. An application for renewal that does not contain all of the
6.31information requested is an incomplete application and will not be accepted.
6.32 Sec. 6. Minnesota Statutes 2010, section 326B.135, subdivision 1, is amended to read:
6.33 Subdivision 1. Competency criteria.
6.34As provided under section 326B.128, subdivision 2, the Building Code Administrators
7.1and Inspections Board shall adopt rules establishing required competency criteria for
7.2individuals serving as construction code inspectors. For the purpose of this section,
7.3"construction code inspectors" means building inspectors, mechanical inspectors,
7.4plumbing inspectors, and combination inspectors under the supervision of the building
7.5official. Required competency criteria shall be relevant to the building, mechanical, and
7.6plumbing codes as adopted in Minnesota.
7.7 Sec. 7. Minnesota Statutes 2010, section 326B.135, subdivision 2, is amended to read:
7.8 Subd. 2. Continuing education.
7.9provided under section 326B.128, subdivision 2, the Building Code Administrators and
7.10Inspections Board shall adopt rules establishing or approving education programs for
7.11construction inspectors related to construction inspection and administration of the State
7.12Building Code. Each construction code inspector must satisfactorily complete continuing
7.13education requirements as established in rule by the
