Bill Text: MN SF411 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Maintenance plumber definition and licensing requirement
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2011-05-12 - Comm report: To pass and re-referred to State Government Innovation and Veterans [SF411 Detail]
Download: Minnesota-2011-SF411-Engrossed.html
1.2relating to labor and industry; licensing maintenance plumbers in certain cases;
1.3modifying fees;amending Minnesota Statutes 2010, sections 326B.42, by adding
1.4a subdivision; 326B.435, subdivision 2; 326B.46, subdivisions 1, 1a; 326B.47,
1.5by adding a subdivision; 326B.49, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 326B.42, is amended by adding a
1.8subdivision to read:
1.9 Subd. 3a. Maintenance plumber. "Maintenance plumber" means an individual
1.10having the necessary qualifications, training, experience, and technical knowledge to
1.11properly maintain and repair plumbing, who is licensed as a maintenance plumber by
1.12the commissioner.
1.13EFFECTIVE DATE.This section is effective January 1, 2012.
1.14 Sec. 2. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
1.15 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
1.16power to:
1.17 (1) elect its chair, vice-chair, and secretary;
1.18 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
1.19and containing such other provisions as may be useful and necessary for the efficient
1.20conduct of the business of the board;
1.21 (3) adopt the plumbing code that must be followed in this state and any plumbing
1.22code amendments thereto. The plumbing code shall include the minimum standards
1.23described in sections326B.43, subdivision 1 , and
326B.52, subdivision 1 . The board
2.1shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
2.2as provided in subdivision 6, paragraphs (b), (c), and (d);
2.3 (4) review requests for final interpretations and issue final interpretations as provided
2.4in section326B.127, subdivision 5 ;
2.5 (5) adopt rules that regulate the licensure or registration of plumbing contractors,
2.6journeymen, unlicensed individuals, master plumbers, restricted master plumbers,
2.7restricted journeymen, maintenance plumbers, water conditioning contractors, and
2.8water conditioning installers, and other persons engaged in the design, installation, and
2.9alteration of plumbing systems, engaged in the maintenance or repair of plumbing
2.10equipment, apparatus, or facilities, or engaged in or working at the business of water
2.11conditioning installation or service, except for those individuals licensed under section
2.12326.02, subdivisions 2
and 3. The board shall adopt these rules pursuant to chapter 14
2.13and as provided in subdivision 6, paragraphs (e) and (f);
2.14(6) adopt rules that regulate continuing education for individuals licensed as master
2.15plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
2.16plumbers, maintenance plumbers, water conditioning contractors, and water conditioning
2.17installers. The board shall adopt these rules pursuant to chapter 14 and as provided in
2.18subdivision 6, paragraphs (e) and (f);
2.19 (7) refer complaints or other communications to the commissioner, whether oral or
2.20written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
2.21order that the commissioner has the authority to enforce pertaining to code compliance,
2.22licensure, or an offering to perform or performance of unlicensed plumbing services;
2.23 (8) approve per diem and expenses deemed necessary for its members as provided in
2.24subdivision 3;
2.25 (9) approve license reciprocity agreements;
2.26 (10) select from its members individuals to serve on any other state advisory council,
2.27board, or committee; and
2.28 (11) recommend the fees for licenses and certifications.
2.29Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
2.30Board of High Pressure Piping Systems, the commissioner of labor and industry shall
2.31administer and enforce the provisions of this chapter and any rules promulgated pursuant
2.32thereto.
2.33 (b) The board shall comply with section15.0597, subdivisions 2 and 4.
2.34 (c) The commissioner shall coordinate the board's rulemaking and recommendations
2.35with the recommendations and rulemaking conducted by the other boards created pursuant
2.36to this chapter. The commissioner shall provide staff support to the board. The support
3.1includes professional, legal, technical, and clerical staff necessary to perform rulemaking
3.2and other duties assigned to the board. The commissioner of labor and industry shall
3.3supply necessary office space and supplies to assist the board in its duties.
3.4EFFECTIVE DATE.This section is effective January 1, 2012.
3.5 Sec. 3. Minnesota Statutes 2010, section 326B.46, subdivision 1, is amended to read:
3.6 Subdivision 1. License required. (a) No individual shall engage in or work at
3.7the business of a master plumber, restricted master plumber, journeyman plumber,and
3.8restricted journeyman plumber, or maintenance plumber unless licensed to do so by the
3.9commissioner. A license is not required for individuals performing building sewer or
3.10water service installation who have completed pipe laying training as prescribed by the
3.11commissioner. A master plumber may also work as a journeyman plumber, a restricted
3.12journeyman plumber, and a restricted master plumber. A journeyman plumber may also
3.13work as a restricted journeyman plumber. Anyone not so licensed may do plumbing work
3.14which complies with the provisions of the minimum standards prescribed by the Plumbing
3.15Board on premises or that part of premises owned and actually occupied by the worker as
3.16a residence, unless otherwise forbidden to do so by a local ordinance.
3.17 (b) No person shall engage in the business of planning, superintending, or installing
3.18plumbing or shall install plumbing in connection with the dealing in and selling of
3.19plumbing material and supplies unless at all times a licensed master plumber, or in cities
3.20and towns with a population of fewer than 5,000 according to the last federal census, a
3.21restricted master plumber, who shall be responsible for proper installation, is in charge of
3.22the plumbing work of the person.
3.23(c) Except as provided in subdivision2 1a, no person shall perform or offer to
3.24perform plumbing work with or without compensation unless the person obtains a
3.25contractor's license. A contractor's license does not of itself qualify its holder to perform
3.26the plumbing work authorized by holding a master, journeyman, restricted master, or
3.27restricted journeyman license.
3.28(d) No individual shall engage in or work as a maintenance plumber unless:
3.29(1) the individual is licensed as a maintenance plumber;
3.30(2) the individual is engaged in the maintenance and repair of plumbing equipment,
3.31apparatus, or facilities that are within the limits of property classified for the purposes of
3.32taxation under section 273.13 as class 1c or commercial 4c(1); and
3.33(3) the property is owned or leased by the individual or by the individual's employer.
3.34EFFECTIVE DATE.This section is effective January 1, 2012.
4.1 Sec. 4. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
4.2 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
4.3license may do plumbing work on the individual's residence in accordance with
4.4subdivision 1, paragraph (a).
4.5(b) An individual who is an employee working on the maintenance and repair of
4.6plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
4.7and which is within the limits of property owned or leased, and operated or maintained by
4.8the individual's employer, shall not be required to maintain a contractor license as long as
4.9the employer has on file with the commissioner a current certificate of responsible person.
4.10The certificate must be signed by the responsible master plumber, licensed maintenance
4.11plumber, or, in an area of the state that is not a city or town with a population of more
4.12than 5,000 according to the last federal census, restricted master plumber, and must state
4.13that the person signing the certificate is responsible for ensuring that the maintenance and
4.14repair work performed by the employer's employees comply with sections326B.41 to
4.15326B.49
, all rules adopted under those sections and sections
326B.50 to
326B.59 , and
4.16all orders issued under section326B.082 . The employer must pay a filing fee to file a
4.17certificate of responsible person with the commissioner. The certificate shall expire two
4.18years from the date of filing. In order to maintain a current certificate of responsible
4.19person, the employer must resubmit a certificate of responsible person, with a filing fee, no
4.20later than two years from the date of the previous submittal. The filing of the certificate of
4.21responsible person does not exempt any employee of the employer from the requirements
4.22of this chapter regarding individual licensing as a plumber or registration asa plumber's
4.23apprentice an unlicensed individual.
4.24(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
4.25separate contractor license to perform plumbing work on behalf of the employer within
4.26the scope of the licensed plumber's license.
4.27EFFECTIVE DATE.This section is effective January 1, 2012.
4.28 Sec. 5. Minnesota Statutes 2010, section 326B.47, is amended by adding a subdivision
4.29to read:
4.30 Subd. 2a. Maintenance plumber exam. Any individual who has completed four
4.31years of practical plumbing experience or four years of experience in maintenance and
4.32repair of plumbing equipment, apparatus, or facilities is eligible to take the maintenance
4.33plumber's examination. The Plumbing Board may adopt rules to evaluate whether the
4.34individual's plumbing experience is applicable in preparing for the maintenance plumber's
4.35examination.
5.1EFFECTIVE DATE.This section is effective January 1, 2012.
5.2 Sec. 6. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
5.3 Subdivision 1. Application, examination, and license fees. (a) Applications
5.4for masterand, journeyman, and maintenance plumber's licenses shall be made to the
5.5commissioner, with all fees required by section326B.092 . Unless the applicant is entitled
5.6to a renewal, the applicant shall be licensed by the commissioner only after passing
5.7a satisfactory examination developed and administered by the commissioner, based
5.8upon rules adopted by the Plumbing Board, showing fitness. Until the Plumbing Board
5.9adopts rules regarding the fitness of applicants for a maintenance plumber's license, the
5.10commissioner shall develop an application designed to show that the applicant has the
5.11qualifications, training, experience, and technical knowledge needed to properly maintain
5.12and repair plumbing, as determined at the sole discretion of the commissioner.
5.13(b) All initial journeyman and maintenance plumber's licenses shall be effective for
5.14more than one calendar year and shall expire on December 31 of the year after the year in
5.15which the application is made. All master plumber's licenses shall expire on December 31
5.16of each even-numbered year after issuance or renewal. All renewed maintenance plumber's
5.17licenses shall be two-year licenses. The commissioner shall in a manner determined by the
5.18commissioner, without the need for any rulemaking under chapter 14, phase in the renewal
5.19of master and journeyman plumber's licenses from one year to two years. By June 30,
5.202011, all renewed master and journeyman plumber's licenses shall be two-year licenses.
5.21(c) Applications for contractor licenses shall be made to the commissioner, with all
5.22fees required by section326B.092 . All contractor licenses shall expire on December 31 of
5.23each odd-numbered year after issuance or renewal.
5.24(d) For purposes of calculating license fees and renewal license fees required under
5.25section326B.092 :
5.26(1) the following licenses shall be considered business licenses: plumbing contractor
5.27and restricted plumbing contractor;
5.28(2) the following licenses shall be considered master licenses: master plumber and
5.29restricted master plumber;
5.30(3) the following licenses shall be considered journeyman licenses: journeyman
5.31plumberand, restricted journeyman plumber, maintenance plumber; and
5.32(4) the registration of a plumber's apprentice under section326B.47, subdivision 3 ,
5.33shall be considered an entry level license.
5.34(e) For each filing of a certificate of responsible person by an employer, the fee is
5.35$100, except that the fee under this section for a maintenance plumber is $40.
6.1EFFECTIVE DATE.This section is effective January 1, 2012.
1.3modifying fees;amending Minnesota Statutes 2010, sections 326B.42, by adding
1.4a subdivision; 326B.435, subdivision 2; 326B.46, subdivisions 1, 1a; 326B.47,
1.5by adding a subdivision; 326B.49, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 326B.42, is amended by adding a
1.8subdivision to read:
1.9 Subd. 3a. Maintenance plumber. "Maintenance plumber" means an individual
1.10having the necessary qualifications, training, experience, and technical knowledge to
1.11properly maintain and repair plumbing, who is licensed as a maintenance plumber by
1.12the commissioner.
1.13EFFECTIVE DATE.This section is effective January 1, 2012.
1.14 Sec. 2. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
1.15 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
1.16power to:
1.17 (1) elect its chair, vice-chair, and secretary;
1.18 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
1.19and containing such other provisions as may be useful and necessary for the efficient
1.20conduct of the business of the board;
1.21 (3) adopt the plumbing code that must be followed in this state and any plumbing
1.22code amendments thereto. The plumbing code shall include the minimum standards
1.23described in sections
2.1shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
2.2as provided in subdivision 6, paragraphs (b), (c), and (d);
2.3 (4) review requests for final interpretations and issue final interpretations as provided
2.4in section
2.5 (5) adopt rules that regulate the licensure or registration of plumbing contractors,
2.6journeymen, unlicensed individuals, master plumbers, restricted master plumbers,
2.7restricted journeymen, maintenance plumbers, water conditioning contractors, and
2.8water conditioning installers, and other persons engaged in the design, installation, and
2.9alteration of plumbing systems, engaged in the maintenance or repair of plumbing
2.10equipment, apparatus, or facilities, or engaged in or working at the business of water
2.11conditioning installation or service, except for those individuals licensed under section
2.13and as provided in subdivision 6, paragraphs (e) and (f);
2.14(6) adopt rules that regulate continuing education for individuals licensed as master
2.15plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
2.16plumbers, maintenance plumbers, water conditioning contractors, and water conditioning
2.17installers. The board shall adopt these rules pursuant to chapter 14 and as provided in
2.18subdivision 6, paragraphs (e) and (f);
2.19 (7) refer complaints or other communications to the commissioner, whether oral or
2.20written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
2.21order that the commissioner has the authority to enforce pertaining to code compliance,
2.22licensure, or an offering to perform or performance of unlicensed plumbing services;
2.23 (8) approve per diem and expenses deemed necessary for its members as provided in
2.24subdivision 3;
2.25 (9) approve license reciprocity agreements;
2.26 (10) select from its members individuals to serve on any other state advisory council,
2.27board, or committee; and
2.28 (11) recommend the fees for licenses and certifications.
2.29Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
2.30Board of High Pressure Piping Systems, the commissioner of labor and industry shall
2.31administer and enforce the provisions of this chapter and any rules promulgated pursuant
2.32thereto.
2.33 (b) The board shall comply with section
2.34 (c) The commissioner shall coordinate the board's rulemaking and recommendations
2.35with the recommendations and rulemaking conducted by the other boards created pursuant
2.36to this chapter. The commissioner shall provide staff support to the board. The support
3.1includes professional, legal, technical, and clerical staff necessary to perform rulemaking
3.2and other duties assigned to the board. The commissioner of labor and industry shall
3.3supply necessary office space and supplies to assist the board in its duties.
3.4EFFECTIVE DATE.This section is effective January 1, 2012.
3.5 Sec. 3. Minnesota Statutes 2010, section 326B.46, subdivision 1, is amended to read:
3.6 Subdivision 1. License required. (a) No individual shall engage in or work at
3.7the business of a master plumber, restricted master plumber, journeyman plumber,
3.8restricted journeyman plumber, or maintenance plumber unless licensed to do so by the
3.9commissioner. A license is not required for individuals performing building sewer or
3.10water service installation who have completed pipe laying training as prescribed by the
3.11commissioner. A master plumber may also work as a journeyman plumber, a restricted
3.12journeyman plumber, and a restricted master plumber. A journeyman plumber may also
3.13work as a restricted journeyman plumber. Anyone not so licensed may do plumbing work
3.14which complies with the provisions of the minimum standards prescribed by the Plumbing
3.15Board on premises or that part of premises owned and actually occupied by the worker as
3.16a residence, unless otherwise forbidden to do so by a local ordinance.
3.17 (b) No person shall engage in the business of planning, superintending, or installing
3.18plumbing or shall install plumbing in connection with the dealing in and selling of
3.19plumbing material and supplies unless at all times a licensed master plumber, or in cities
3.20and towns with a population of fewer than 5,000 according to the last federal census, a
3.21restricted master plumber, who shall be responsible for proper installation, is in charge of
3.22the plumbing work of the person.
3.23(c) Except as provided in subdivision
3.24perform plumbing work with or without compensation unless the person obtains a
3.25contractor's license. A contractor's license does not of itself qualify its holder to perform
3.26the plumbing work authorized by holding a master, journeyman, restricted master, or
3.27restricted journeyman license.
3.28(d) No individual shall engage in or work as a maintenance plumber unless:
3.29(1) the individual is licensed as a maintenance plumber;
3.30(2) the individual is engaged in the maintenance and repair of plumbing equipment,
3.31apparatus, or facilities that are within the limits of property classified for the purposes of
3.32taxation under section 273.13 as class 1c or commercial 4c(1); and
3.33(3) the property is owned or leased by the individual or by the individual's employer.
3.34EFFECTIVE DATE.This section is effective January 1, 2012.
4.1 Sec. 4. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
4.2 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
4.3license may do plumbing work on the individual's residence in accordance with
4.4subdivision 1, paragraph (a).
4.5(b) An individual who is an employee working on the maintenance and repair of
4.6plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
4.7and which is within the limits of property owned or leased, and operated or maintained by
4.8the individual's employer, shall not be required to maintain a contractor license as long as
4.9the employer has on file with the commissioner a current certificate of responsible person.
4.10The certificate must be signed by the responsible master plumber, licensed maintenance
4.11plumber, or, in an area of the state that is not a city or town with a population of more
4.12than 5,000 according to the last federal census, restricted master plumber, and must state
4.13that the person signing the certificate is responsible for ensuring that the maintenance and
4.14repair work performed by the employer's employees comply with sections
4.16all orders issued under section
4.17certificate of responsible person with the commissioner. The certificate shall expire two
4.18years from the date of filing. In order to maintain a current certificate of responsible
4.19person, the employer must resubmit a certificate of responsible person, with a filing fee, no
4.20later than two years from the date of the previous submittal. The filing of the certificate of
4.21responsible person does not exempt any employee of the employer from the requirements
4.22of this chapter regarding individual licensing as a plumber or registration as
4.23
4.24(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
4.25separate contractor license to perform plumbing work on behalf of the employer within
4.26the scope of the licensed plumber's license.
4.27EFFECTIVE DATE.This section is effective January 1, 2012.
4.28 Sec. 5. Minnesota Statutes 2010, section 326B.47, is amended by adding a subdivision
4.29to read:
4.30 Subd. 2a. Maintenance plumber exam. Any individual who has completed four
4.31years of practical plumbing experience or four years of experience in maintenance and
4.32repair of plumbing equipment, apparatus, or facilities is eligible to take the maintenance
4.33plumber's examination. The Plumbing Board may adopt rules to evaluate whether the
4.34individual's plumbing experience is applicable in preparing for the maintenance plumber's
4.35examination.
5.1EFFECTIVE DATE.This section is effective January 1, 2012.
5.2 Sec. 6. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
5.3 Subdivision 1. Application, examination, and license fees. (a) Applications
5.4for master
5.5commissioner, with all fees required by section
5.6to a renewal, the applicant shall be licensed by the commissioner only after passing
5.7a satisfactory examination developed and administered by the commissioner, based
5.8upon rules adopted by the Plumbing Board, showing fitness. Until the Plumbing Board
5.9adopts rules regarding the fitness of applicants for a maintenance plumber's license, the
5.10commissioner shall develop an application designed to show that the applicant has the
5.11qualifications, training, experience, and technical knowledge needed to properly maintain
5.12and repair plumbing, as determined at the sole discretion of the commissioner.
5.13(b) All initial journeyman and maintenance plumber's licenses shall be effective for
5.14more than one calendar year and shall expire on December 31 of the year after the year in
5.15which the application is made. All master plumber's licenses shall expire on December 31
5.16of each even-numbered year after issuance or renewal. All renewed maintenance plumber's
5.17licenses shall be two-year licenses. The commissioner shall in a manner determined by the
5.18commissioner, without the need for any rulemaking under chapter 14, phase in the renewal
5.19of master and journeyman plumber's licenses from one year to two years. By June 30,
5.202011, all renewed master and journeyman plumber's licenses shall be two-year licenses.
5.21(c) Applications for contractor licenses shall be made to the commissioner, with all
5.22fees required by section
5.23each odd-numbered year after issuance or renewal.
5.24(d) For purposes of calculating license fees and renewal license fees required under
5.25section
5.26(1) the following licenses shall be considered business licenses: plumbing contractor
5.27and restricted plumbing contractor;
5.28(2) the following licenses shall be considered master licenses: master plumber and
5.29restricted master plumber;
5.30(3) the following licenses shall be considered journeyman licenses: journeyman
5.31plumber
5.32(4) the registration of a plumber's apprentice under section
5.33shall be considered an entry level license.
5.34(e) For each filing of a certificate of responsible person by an employer, the fee is
5.35$100, except that the fee under this section for a maintenance plumber is $40.
6.1EFFECTIVE DATE.This section is effective January 1, 2012.
