Bill Text: MN SF1700 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Plumbing board elimination and plumbing advisory board establishment
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-02-13 - Author added Miller [SF1700 Detail]
Download: Minnesota-2011-SF1700-Introduced.html
1.2relating to labor and industry; eliminating the Plumbing Board; creating a
1.3Plumbing Advisory Board;amending Minnesota Statutes 2010, section 326B.43,
1.4subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
1.5326B; repealing Minnesota Statutes 2010, section 326B.435, subdivisions 1, 3,
1.64, 5, 6, 7, 8, 9, 10; Minnesota Statutes 2011 Supplement, section 326B.435,
1.7subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 326B.43, subdivision 1, is amended to read:
1.10 Subdivision 1. Rules.The Plumbing Board may, by rule, prescribe minimum
1.11standards which shall be uniform and which shall be effective for all new plumbing
1.12installations performed anywhere in the state, including additions, extensions, alterations,
1.13and replacements. Notwithstanding the provisions of Minnesota Rules, part 4715.3130,
1.14as they apply to review of plans and specifications, the commissioner may allow
1.15plumbing construction, alteration, or extension to proceed without approval of the plans or
1.16specifications by the commissioner.
1.17Except for powers granted to the Plumbing Board, The commissioner of labor and
1.18industry shall, by rule, and in consultation with the Plumbing Advisory Council, prescribe
1.19minimum standards which shall be effective for all new plumbing installations performed
1.20anywhere in the state, including additions, extensions, alterations, and replacements.
1.21The code must conform as much as practicable to model codes generally accepted and
1.22in use throughout the United States. Model codes with necessary modifications must be
1.23adopted by reference according to section 14.07. Preference must be given to model
1.24codes which are coordinated and consistent with statewide codes presently in use in the
1.25state. To the extent possible, the code must be adopted in terms of desired results instead
2.1of the means of achieving those results, avoiding wherever possible the incorporation of
2.2specifications of particular methods or materials. The code must encourage the use of new
2.3methods and new materials. Notwithstanding the provisions of Minnesota Rules, part
2.44715.3130, as they apply to review of plans and specifications, the commissioner may
2.5allow plumbing construction, alteration, or extension to proceed without approval of the
2.6plans or specifications by the commissioner. The commissioner of labor and industry shall
2.7administer the provisions of sections326B.42 to
326B.49 and for such purposes may
2.8employ plumbing inspectors and other assistants.
2.9 Sec. 2. [326B.436] PLUMBING ADVISORY BOARD.
2.10 Subdivision 1. Membership. (a) The Plumbing Advisory Board consists of the
2.11following members:
2.12(1) the commissioner or the commissioner's designee;
2.13(2) the commissioner of health or the commissioner of health's designee; and
2.14(3) one member, appointed by the commissioner, engaged in each of the following
2.15occupations or industries:
2.16(i) municipal plumbing inspectors;
2.17(ii) municipal public water supply system operators or superintendents;
2.18(iii) licensed architects with competency in water efficient building design;
2.19(iv) licensed professional engineers specializing in plumbing designs or systems;
2.20(v) water conditioning contractors;
2.21(vi) commercial or industrial plumbing contractors;
2.22(vii) residential plumbing contractors; and
2.23(viii) plumbing journeymen.
2.24(b) The commissioner or the commissioner's designee shall serve as chair of the
2.25advisory board. For members who are not state officials or employees, compensation and
2.26removal of members of the advisory board are governed by section 15.059. The term of
2.27the membership of the advisory board is four years. The terms of four of the appointed
2.28members must be coterminous with the governor and the terms of the remaining four
2.29appointed members must end on the first Monday in January one year after the terms of
2.30the other appointed members expire. An appointed member may be reappointed. Each
2.31board member shall appoint an alternate to serve in the member's absence. The board is
2.32not subject to the expiration provision of section 15.059, subdivision 5.
2.33 Subd. 2. Duties of board. (a) The board shall review laws, codes, rules, standards,
2.34and licensing requirements relating to plumbing installations and may:
2.35(1) recommend amendments to the Plumbing Code adopted by this state;
3.1(2) review and comment on current and proposed laws and rules that regulate the
3.2licensure or registration of plumbing contractors, journeymen, unlicensed individuals,
3.3master plumbers, restricted master plumbers, restricted journeymen, water conditioning
3.4contractors, and water conditioning installers, and other persons engaged in the design,
3.5installation, and alteration of plumbing systems or engaged in or working at the business
3.6of water conditioning installation or service, except for those individuals licensed under
3.7section 326.02, subdivisions 2 and 3; and
3.8(3) advise the commissioner on possible changes in rules that regulate continuing
3.9education for individuals licensed as master plumbers, journeymen plumbers, restricted
3.10master plumbers, restricted journeymen plumbers, water conditioning contractors, and
3.11water conditioning installers.
3.12(b) The board shall meet a minimum of four times each year. The board shall report
3.13its findings and recommendations to the commissioner. The board may recommend
3.14changes in laws or rules governing the installation of plumbing. The board, with the
3.15consent of the commissioner, may establish subcommittees to facilitate its work. If the
3.16board establishes subcommittees, it shall include in the subcommittees' memberships
3.17representation from entities and organizations expressing an interest in membership. The
3.18commissioner shall maintain a list of interested entities and organizations.
3.19 Sec. 3. REVISOR'S INSTRUCTION.
3.20(a) The revisor shall replace "Plumbing Board" with "Plumbing Advisory Board"
3.21wherever it appears in Minnesota Statutes and Minnesota Rules. The revisor may make
3.22any necessary grammatical corrections to effectuate the intent of this section and preserve
3.23the meaning of statutes.
3.24(b) The revisor shall replace "326B.435" with "326B.436" wherever it appears in
3.25Minnesota Statutes and Minnesota Rules.
3.26(c) Upon request, staff of the Department of Labor and Industry shall assist the
3.27revisor in the editing required in paragraphs (a) and (b).
3.28 Sec. 4. REPEALER.
3.29(a) Minnesota Statutes 2010, section 326B.435, subdivisions 1, 3, 4, 5, 6, 7, 8,
3.309, and 10, are repealed.
3.31(b) Minnesota Statutes 2011 Supplement, section 326B.435, subdivision 2, is
3.32repealed.
1.3Plumbing Advisory Board;amending Minnesota Statutes 2010, section 326B.43,
1.4subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
1.5326B; repealing Minnesota Statutes 2010, section 326B.435, subdivisions 1, 3,
1.64, 5, 6, 7, 8, 9, 10; Minnesota Statutes 2011 Supplement, section 326B.435,
1.7subdivision 2.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 326B.43, subdivision 1, is amended to read:
1.10 Subdivision 1. Rules.
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18industry shall, by rule, and in consultation with the Plumbing Advisory Council, prescribe
1.19minimum standards which shall be effective for all new plumbing installations performed
1.20anywhere in the state, including additions, extensions, alterations, and replacements.
1.21The code must conform as much as practicable to model codes generally accepted and
1.22in use throughout the United States. Model codes with necessary modifications must be
1.23adopted by reference according to section 14.07. Preference must be given to model
1.24codes which are coordinated and consistent with statewide codes presently in use in the
1.25state. To the extent possible, the code must be adopted in terms of desired results instead
2.1of the means of achieving those results, avoiding wherever possible the incorporation of
2.2specifications of particular methods or materials. The code must encourage the use of new
2.3methods and new materials. Notwithstanding the provisions of Minnesota Rules, part
2.44715.3130, as they apply to review of plans and specifications, the commissioner may
2.5allow plumbing construction, alteration, or extension to proceed without approval of the
2.6plans or specifications by the commissioner. The commissioner of labor and industry shall
2.7administer the provisions of sections
2.8employ plumbing inspectors and other assistants.
2.9 Sec. 2. [326B.436] PLUMBING ADVISORY BOARD.
2.10 Subdivision 1. Membership. (a) The Plumbing Advisory Board consists of the
2.11following members:
2.12(1) the commissioner or the commissioner's designee;
2.13(2) the commissioner of health or the commissioner of health's designee; and
2.14(3) one member, appointed by the commissioner, engaged in each of the following
2.15occupations or industries:
2.16(i) municipal plumbing inspectors;
2.17(ii) municipal public water supply system operators or superintendents;
2.18(iii) licensed architects with competency in water efficient building design;
2.19(iv) licensed professional engineers specializing in plumbing designs or systems;
2.20(v) water conditioning contractors;
2.21(vi) commercial or industrial plumbing contractors;
2.22(vii) residential plumbing contractors; and
2.23(viii) plumbing journeymen.
2.24(b) The commissioner or the commissioner's designee shall serve as chair of the
2.25advisory board. For members who are not state officials or employees, compensation and
2.26removal of members of the advisory board are governed by section 15.059. The term of
2.27the membership of the advisory board is four years. The terms of four of the appointed
2.28members must be coterminous with the governor and the terms of the remaining four
2.29appointed members must end on the first Monday in January one year after the terms of
2.30the other appointed members expire. An appointed member may be reappointed. Each
2.31board member shall appoint an alternate to serve in the member's absence. The board is
2.32not subject to the expiration provision of section 15.059, subdivision 5.
2.33 Subd. 2. Duties of board. (a) The board shall review laws, codes, rules, standards,
2.34and licensing requirements relating to plumbing installations and may:
2.35(1) recommend amendments to the Plumbing Code adopted by this state;
3.1(2) review and comment on current and proposed laws and rules that regulate the
3.2licensure or registration of plumbing contractors, journeymen, unlicensed individuals,
3.3master plumbers, restricted master plumbers, restricted journeymen, water conditioning
3.4contractors, and water conditioning installers, and other persons engaged in the design,
3.5installation, and alteration of plumbing systems or engaged in or working at the business
3.6of water conditioning installation or service, except for those individuals licensed under
3.7section 326.02, subdivisions 2 and 3; and
3.8(3) advise the commissioner on possible changes in rules that regulate continuing
3.9education for individuals licensed as master plumbers, journeymen plumbers, restricted
3.10master plumbers, restricted journeymen plumbers, water conditioning contractors, and
3.11water conditioning installers.
3.12(b) The board shall meet a minimum of four times each year. The board shall report
3.13its findings and recommendations to the commissioner. The board may recommend
3.14changes in laws or rules governing the installation of plumbing. The board, with the
3.15consent of the commissioner, may establish subcommittees to facilitate its work. If the
3.16board establishes subcommittees, it shall include in the subcommittees' memberships
3.17representation from entities and organizations expressing an interest in membership. The
3.18commissioner shall maintain a list of interested entities and organizations.
3.19 Sec. 3. REVISOR'S INSTRUCTION.
3.20(a) The revisor shall replace "Plumbing Board" with "Plumbing Advisory Board"
3.21wherever it appears in Minnesota Statutes and Minnesota Rules. The revisor may make
3.22any necessary grammatical corrections to effectuate the intent of this section and preserve
3.23the meaning of statutes.
3.24(b) The revisor shall replace "326B.435" with "326B.436" wherever it appears in
3.25Minnesota Statutes and Minnesota Rules.
3.26(c) Upon request, staff of the Department of Labor and Industry shall assist the
3.27revisor in the editing required in paragraphs (a) and (b).
3.28 Sec. 4. REPEALER.
3.29(a) Minnesota Statutes 2010, section 326B.435, subdivisions 1, 3, 4, 5, 6, 7, 8,
3.309, and 10, are repealed.
3.31(b) Minnesota Statutes 2011 Supplement, section 326B.435, subdivision 2, is
3.32repealed.
