Bill Text: MN SF549 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Elevator industry employment regulation and licensing provisions
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2013-02-28 - Comm report: To pass as amended and re-refer to Finance [SF549 Detail]
Download: Minnesota-2013-SF549-Engrossed.html
1.2relating to labor; regulating employment in the elevator industry;amending
1.3Minnesota Statutes 2012, sections 326.02, subdivision 5; 326B.163, by adding
1.4subdivisions; 326B.187; 326B.191; 326B.33, subdivisions 19, 21; proposing
1.5coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota
1.6Statutes 2012, section 326B.31, subdivisions 18, 19, 22; Minnesota Rules, parts
1.73800.3520, subpart 5, items C, D; 3800.3602, subpart 2, item B.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 326.02, subdivision 5, is amended to read:
1.10 Subd. 5. Limitation. The provisions of sections326.02 to
326.15 shall not apply
1.11to the preparation of plans and specifications for the erection, enlargement, or alteration
1.12of any building or other structure by any person, for that person's exclusive occupancy
1.13or use, unless such occupancy or use involves the public health or safety or the health
1.14or safety of the employees of said person, or of the buildings listed in section326.03,
1.15subdivision 2 , nor to any detailed or shop plans required to be furnished by a contractor
1.16to a registered engineer, landscape architect, architect, or certified interior designer,
1.17nor to any standardized manufactured product, nor to any construction superintendent
1.18supervising the execution of work designed by an architect, landscape architect, engineer,
1.19or certified interior designer licensed or certified in accordance with section326.03 , nor
1.20to the planning for and supervision of the construction and installation of work by an
1.21electrical or elevator contractor or master plumber as defined in and licensed pursuant to
1.22chapter 326B, where such work is within the scope of such licensed activity and not
1.23within the practice of professional engineering, or architecture, or where the person does
1.24not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b.
2.1 Sec. 2. Minnesota Statutes 2012, section 326B.163, is amended by adding a
2.2subdivision to read:
2.3 Subd. 9. Direct supervision. "Direct supervision" means:
2.4(1) an unlicensed individual is being directly supervised by an individual licensed
2.5to perform the elevator work being supervised during the entire time the unlicensed
2.6individual is performing elevator work;
2.7(2) the licensed individual is physically present at the location where the unlicensed
2.8individual is performing elevator work and immediately available to the unlicensed
2.9individual at all times for assistance and direction;
2.10(3) the licensed individual shall review the elevator work performed by the
2.11unlicensed individual before the elevator work is operated; and
2.12(4) the licensed individual is able to and does determine that all elevator work
2.13performed by the unlicensed individual is performed in compliance with the elevator code.
2.14 Sec. 3. Minnesota Statutes 2012, section 326B.163, is amended by adding a
2.15subdivision to read:
2.16 Subd. 10. Elevator contractor. "Elevator contractor" means a licensed contractor
2.17whose responsible licensed individual is a master elevator constructor. An elevator
2.18contractor license does not itself qualify its holder to perform or supervise elevator work
2.19authorized by holding a personal license issued by the commissioner.
2.20 Sec. 4. Minnesota Statutes 2012, section 326B.163, is amended by adding a
2.21subdivision to read:
2.22 Subd. 11. Limited elevator contractor. "Limited elevator contractor" means a
2.23licensed contractor whose responsible licensed individual is a limited master elevator
2.24constructor. A limited elevator contractor or its employees may only install, test, or alter
2.25elevator equipment in a residential dwelling.
2.26 Sec. 5. Minnesota Statutes 2012, section 326B.163, is amended by adding a
2.27subdivision to read:
2.28 Subd. 12. Elevator work. "Elevator work" means the installing, maintaining,
2.29altering, repairing, testing, planning, or laying out of elevator apparatus or equipment
2.30as covered by Minnesota Rules, chapters 1307 and 1315. Elevator work also includes
2.31the disconnection of electrical wiring and the decommissioning of elevator equipment
2.32to enable safe removal.
3.1 Sec. 6. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.2subdivision to read:
3.3 Subd. 13. Master elevator constructor. "Master elevator constructor" means
3.4an individual having the necessary qualifications, training, experience, and technical
3.5knowledge to properly plan, lay out, supervise, and perform the installation, maintenance,
3.6altering, testing, wiring, and repair of apparatus and equipment for elevators, including
3.7electrical wiring on the load side of the elevator equipment disconnect and who is licensed
3.8as a master elevator constructor by the commissioner.
3.9 Sec. 7. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.10subdivision to read:
3.11 Subd. 14. Limited master elevator constructor. "Limited master elevator
3.12constructor" means an individual having the necessary qualifications, training, experience,
3.13and technical knowledge to properly plan, lay out, supervise, and perform the testing,
3.14altering installation, maintenance, and repair of wiring, apparatus, and equipment for
3.15elevator equipment in residential dwellings, including wiring on the load side of the
3.16elevator equipment disconnect and who is licensed as a limited master elevator constructor
3.17by the commissioner.
3.18 Sec. 8. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.19subdivision to read:
3.20 Subd. 15. Journeyman elevator constructor. "Journeyman elevator constructor"
3.21means an individual having the necessary qualifications, training, experience, and
3.22technical knowledge to install, maintain, alter, test, and repair apparatus and equipment for
3.23elevators, including electrical wiring on the load side of the elevator equipment disconnect
3.24and who is licensed as a journeyman elevator constructor by the commissioner.
3.25 Sec. 9. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.26subdivision to read:
3.27 Subd. 16. Registered unlicensed elevator constructor. "Registered unlicensed
3.28elevator constructor" means an individual who has registered with the department but is
3.29not licensed by the commissioner to perform elevator work.
3.30 Sec. 10. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.31subdivision to read:
4.1 Subd. 17. Residential dwelling. "Residential dwelling" is a single dwelling unit
4.2that is contained in a one-family, two-family, or multifamily dwelling. A residential
4.3dwelling also includes outdoor space at a one-family dwelling.
4.4 Sec. 11. Minnesota Statutes 2012, section 326B.163, is amended by adding a
4.5subdivision to read:
4.6 Subd. 18. Responsible licensed individual. "Responsible licensed individual"
4.7means an individual licensed as a master elevator constructor or limited master elevator
4.8constructor and who is identified as the responsible licensed individual on an elevator
4.9contractor license application.
4.10 Sec. 12. [326B.164] LICENSES.
4.11 Subdivision 1. Master elevator constructor. (a) Except as otherwise provided by
4.12law, no individual shall perform or supervise elevator work, unless the individual is:
4.13(1) licensed by the commissioner as a master elevator constructor; and
4.14(2) the elevator work is for a licensed elevator contractor and the individual is an
4.15employee, partner, or officer of, or is the licensed contractor.
4.16(b) An applicant for a master elevator constructor license shall:
4.17(1) have at least one year of experience, acceptable to the commissioner, as a
4.18licensed journeyman elevator constructor; or
4.19(2) have at least six years experience, acceptable to the commissioner, in planning
4.20for, laying out, supervising and installing apparatus, equipment, and wiring for elevators.
4.21(c) Individuals licensed as master elevator constructors under section 326B.33,
4.22subdivision 11, as of December 31, 2013, shall not be required to pass an examination
4.23under this section but, effective January 1, 2014, shall be subject to the requirements of
4.24sections 326B.163 to 326B.191.
4.25(d) Except for the initial license term, as a condition of license renewal, master
4.26elevator constructors must attain a minimum of 16 hours of continuing education credit
4.27approved by the commissioner every renewal period. Not less than 12 hours shall be based
4.28on the Minnesota Elevator Code or elevator technology, and not less than four hours shall
4.29be based on the National Electrical Code.
4.30 Subd. 2. Limited master elevator constructor. (a) Except as otherwise provided
4.31by law, no individual shall perform or supervise elevator work in a residential dwelling
4.32unless the individual is:
4.33(1) licensed by the commissioner as a limited master elevator constructor; and
5.1(2) the elevator work is for a limited elevator contractor and the individual is an
5.2employee, partner, or officer of, or is the licensed contractor.
5.3(b) An applicant for a limited master elevator constructor license shall have at
5.4least two years of experience acceptable to the commissioner in installing apparatus,
5.5equipment, and wiring for elevators.
5.6(c) Except for the initial license term, as a condition of license renewal, limited
5.7master elevator constructors must attain a minimum of eight hours of continuing education
5.8credit approved by the commissioner every renewal period. Not less than six hours shall
5.9be based on the Minnesota Elevator Code or elevator technology, and not less than two
5.10hours on the National Electrical Code.
5.11 Subd. 3. Journeyman elevator constructor. (a) Except as otherwise provided
5.12by law, no individual shall perform and supervise elevator work except for planning or
5.13laying out of elevator work, unless:
5.14(1) the individual is licensed by the commissioner as a journeyman elevator
5.15constructor; and
5.16(2) the elevator work is for an elevator contractor and the individual is an employee,
5.17partner, or officer of the licensed elevator contractor.
5.18(b) An applicant for a journeyman elevator constructor license shall have completed
5.19a four-year elevator mechanics apprenticeship registered with the United States
5.20Department of Labor or worked at least 9,000 hours in five consecutive years for a
5.21licensed elevator contractor, acceptable to the commissioner; installing, maintaining,
5.22modernizing, testing, wiring, and repairing elevators.
5.23(c) Individuals licensed as journeyman elevator constructors under section 326B.33,
5.24subdivision 8, as of December 31, 2013, shall not be required to pass an examination
5.25under this section but, effective January 1, 2014, shall be subject to the requirements of
5.26sections 326B.163 to 326B.191.
5.27(d) As a condition of license renewal, journeyman elevator constructors must attain
5.28a minimum of 16 hours of continuing education credit approved by the commissioner
5.29every renewal period. Not less than 12 hours shall be based on the Minnesota Elevator
5.30Code or elevator technology, and not less than four hours shall be based on the National
5.31Electrical Code.
5.32 Subd. 4. Registered unlicensed elevator constructor. (a) An unlicensed individual
5.33shall not perform elevator work, unless the individual has first registered with the
5.34department as an unlicensed elevator constructor. Except as allowed by subdivision 12, a
5.35registered unlicensed elevator constructor shall not perform elevator work, unless the work
5.36is performed under the direct supervision of an individual actually licensed to perform
6.1such work. The licensed elevator constructor and the registered unlicensed elevator
6.2constructor must be employed by the same employer. Unlicensed individuals shall not
6.3supervise the performance of elevator work or make assignments of elevator work to
6.4unlicensed individuals. Licensed elevator constructors shall provide direct supervision for
6.5no more than two registered unlicensed elevator constructors.
6.6(b) Notwithstanding any other provision of this section, no individual other than a
6.7master elevator constructor or limited master elevator constructor shall plan or lay out
6.8elevator wiring, apparatus, or equipment.
6.9(c) Contractors employing registered unlicensed elevator constructors performing
6.10elevator work shall maintain records establishing compliance with this subdivision that
6.11shall identify all unlicensed individuals performing elevator work and shall permit the
6.12department to examine and copy all such records.
6.13(d) When a licensed elevator constructor supervises the elevator work of an
6.14unlicensed individual, the licensed elevator constructor is responsible for ensuring that the
6.15elevator work complies with this section and the Minnesota Elevator Code.
6.16(e) A registered unlicensed elevator constructor with a minimum of one year
6.17experience may perform the following maintenance tasks for elevator equipment without
6.18being provided with direct supervision: oiling, cleaning, greasing, painting, relamping,
6.19and replacing of escalator and moving walk comb teeth.
6.20 Subd. 5. Registration of unlicensed individuals. (a) Unlicensed individuals
6.21performing elevator work for a contractor shall register with the department in the manner
6.22prescribed by the commissioner. Experience credit for elevator work performed in
6.23Minnesota after January 1, 2009, by an applicant for a license identified in this section
6.24shall not be granted where the applicant has not registered with the department or is
6.25not licensed by the department.
6.26(b) As a condition of renewal of their registration, unlicensed individuals shall attain
6.27a minimum of two hours of continuing education credit approved by the commissioner
6.28every renewal period. The continuing education course shall be based on the Minnesota
6.29Elevator Code or elevator technology.
6.30(c) Individuals registered under section 326B.33, subdivision 13, whose registration
6.31expires after July 31, 2013, shall be subject to the registration requirements of this
6.32subdivision and the requirements of sections 326B.163 to 326B.191.
6.33 Subd. 6. Contractor's license required. (a) No individual, other than an employee,
6.34partner, or officer of a licensed contractor, as defined by section 326B.163, subdivision
6.3510, shall perform or offer to perform elevator work with or without compensation, unless
6.36the individual obtains a contractor's license. A contractor's license does not of itself
7.1qualify its holder to perform or supervise the elevator work authorized by holding any
7.2class of personal license.
7.3(b) Companies licensed under section 326B.33, subdivision 14, as of July 31, 2013,
7.4shall not be required to comply with this subdivision.
7.5 Subd. 7. Bond required. As a condition of licensing, each contractor shall give
7.6and maintain bond to the state in the sum of $25,000, conditioned upon the faithful and
7.7lawful performance of all work contracted for or performed by the contractor within the
7.8state of Minnesota, and such bond shall be for the benefit of persons injured or suffering
7.9financial loss by reason of failure of such performance. The bond shall be filed with
7.10the commissioner and shall be in lieu of all other license bonds to any other political
7.11subdivision. The bond shall be written by a corporate surety licensed to do business
7.12in the state of Minnesota.
7.13 Subd. 8. Insurance required. Each elevator contractor shall have and maintain
7.14in effect general liability insurance, which includes premises and operations insurance
7.15and products and completed operations insurance, with limits of at least $100,000 per
7.16occurrence, $300,000 aggregate limit for bodily injury, and property damage insurance
7.17with limits of at least $50,000, or a policy with a single limit for bodily injury and property
7.18damage of $300,000 per occurrence and $300,000 aggregate limits. The insurance shall be
7.19written by an insurer licensed to do business in the state of Minnesota and each contractor
7.20shall maintain on file with the commissioner a certificate evidencing such insurance. In the
7.21event of a policy cancellation, the insurer shall send written notice to the commissioner at
7.22the same time that a cancellation request is received from or a notice is sent to the insured.
7.23 Subd. 9. Employment of responsible individual. (a) Each elevator contractor
7.24must designate a responsible master elevator constructor or limited master elevator
7.25constructor who shall be the responsible individual for the performance of all elevator
7.26work in accordance with the requirements of sections 326B.163 to 326B.191, all rules
7.27adopted under these sections, and all orders issued under section 326B.082. The classes of
7.28work that a licensed contractor is authorized to perform shall be limited to the classes of
7.29work that the responsible individual is allowed to perform.
7.30(b) When a contractor's license is held by an individual, sole proprietorship,
7.31partnership, limited liability company, or corporation, and the individual, proprietor, one
7.32of the partners, one of the members, or an officer of the corporation, respectively, is not the
7.33responsible master elevator constructor or limited master elevator constructor, all elevator
7.34permits shall be submitted by the responsible master elevator constructor or limited
7.35master elevator constructor. If the contractor is an individual or a sole proprietorship,
7.36the responsible master or limited master elevator constructor must be the individual,
8.1proprietor, or managing employee. If the contractor is a partnership, the responsible
8.2master or limited master elevator constructor must be a general partner or managing
8.3employee. If the licensed contractor is a limited liability company, the responsible master
8.4or limited master elevator constructor must be a chief manager or managing employee.
8.5If the contractor is a corporation, the responsible master or limited master elevator
8.6constructor must be an officer or managing employee. If the responsible master or limited
8.7master elevator constructor is a managing employee, the responsible individual must be
8.8actively engaged in performing elevator work on behalf of the contractor, and cannot be
8.9employed in any capacity performing elevator work for any other elevator contractor or
8.10employer. An individual may be the responsible individual for only one contractor.
8.11(c) All applications and renewals for contractor licenses shall include a verified
8.12statement that the applicant and responsible individual are in compliance with this
8.13subdivision.
8.14 Subd. 10. Examination. In addition to the other requirements described in this
8.15section and sections 326B.091 to 326B.098, as a precondition to issuance of a personal
8.16license, each applicant must pass a written or oral examination developed and administered
8.17by the commissioner to ensure the competence of each applicant for license. An oral
8.18examination shall be administered only to an applicant who furnishes a written statement
8.19from a certified teacher or other professional, trained in the area of reading disabilities,
8.20stating that the applicant has a specific reading disability that would prevent the applicant
8.21from performing satisfactorily on a written test. The oral examination shall be structured
8.22so that an applicant who passes the examination will not impair the applicant's own safety
8.23or that of others while acting as a licensed individual.
8.24 Subd. 11. License, registration, and renewal fees; expiration. (a) Unless revoked
8.25or suspended under this chapter, all licenses issued or renewed under this section expire on
8.26the following schedule:
8.27(1) master licenses expire March 1 of each odd-numbered year after issuance or
8.28renewal;
8.29(2) elevator contractor licenses expire March 1 of each even-numbered year after
8.30issuance or renewal;
8.31(3) journeyman elevator constructor licenses expire two years from the date of
8.32original issuance and every two years thereafter; and
8.33(4) registrations of unlicensed individuals expire one year from the date of original
8.34issuance and every year thereafter.
8.35(b) For purposes of calculating license fees and renewal license fees required under
8.36section 326B.092:
9.1(1) the registration of an unlicensed individual under subdivision 5 shall be
9.2considered an entry-level license;
9.3(2) the journeyman elevator constructor shall be considered a journeyman license;
9.4(3) the master elevator constructor and limited master elevator constructor licenses
9.5shall be considered a master license; and
9.6(4) an elevator contractor license shall be considered a business license.
9.7 Subd. 12. Exemption from licensing. Employees of a licensed elevator contractor
9.8are not required to hold or obtain a license under this section or be provided with direct
9.9supervision by a licensed master elevator constructor or licensed elevator constructor to
9.10install, maintain, or repair elevator equipment at a residential dwelling as defined in section
9.11326B.163. Unlicensed employees performing elevator work under this exemption must
9.12comply with subdivision 5 of this section. This exemption does not include the installation,
9.13maintenance, repair, or replacement of electrical wiring for elevator equipment.
9.14 Subd. 13. Reciprocity. (a) The commissioner may enter into reciprocity agreements
9.15for personal licenses with another state and issue a personal license without requiring the
9.16applicant to pass an examination provided the applicant:
9.17(1) submits an application under this section;
9.18(2) pays the application and examination fee and license fee required under section
9.19326B.092; and
9.20(3) holds a valid comparable license in the state participating in the agreement.
9.21(b) Reciprocity agreements are subject to the following:
9.22(1) the parties to the agreement must administer a statewide licensing program that
9.23includes examination and qualifying experience or training comparable to Minnesota's;
9.24(2) the experience and training requirements under which an individual applicant
9.25qualified for examination in the qualifying state must be deemed equal to or greater than
9.26required for an applicant making application in Minnesota at the time the applicant
9.27acquired the license in the qualifying state;
9.28(3) the applicant must have acquired the license in the qualifying state through an
9.29examination deemed equivalent to the same class of license examination in Minnesota.
9.30A lesser class of license may be granted where the applicant has acquired a greater
9.31class of license in the qualifying state, and the applicant otherwise meets the conditions
9.32of this subdivision;
9.33(4) at the time of application, the applicant must hold a valid license in the qualifying
9.34state and have held the license continuously for at least one year before making application
9.35in Minnesota;
10.1(5) an applicant is not eligible for a license under this subdivision if the applicant has
10.2failed the same or greater class of license examination in Minnesota, or if the applicant's
10.3license of the same or greater class has been revoked or suspended; and
10.4(6) an applicant who has failed to renew a personal license for two years or more
10.5after its expiration is not eligible for a license under this subdivision.
10.6 Sec. 13. Minnesota Statutes 2012, section 326B.187, is amended to read:
10.7326B.187 RULES.
10.8 The commissioner may adopt rules for the following purposes:
10.9 (1) to establish minimum qualifications for elevator inspectors that must include
10.10possession of a current elevator constructorelectrician's license issued by the department
10.11and proof of successful completion of the national elevator industry education program
10.12examination or equivalent experience;
10.13 (2) to establish minimum qualifications for limited elevator inspectors;
10.14 (3) to establish criteria for the qualifications of elevator contractors;
10.15 (4) to establish elevator standards under sections326B.106 , subdivisions 1 and 3,
10.16and326B.13 ;
10.17 (5) to establish procedures for appeals of decisions of the commissioner under
10.18chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
10.19advice from the elevator trade, building owners or managers, and others knowledgeable in
10.20the installation, construction, and repair of elevators; and
10.21 (6) to establish requirements for the registration of all elevators.
10.22 Sec. 14. Minnesota Statutes 2012, section 326B.191, is amended to read:
10.23326B.191 CONFLICT OF LAWS.
10.24Nothing in Persons licensed under sections
326B.163 to
326B.191 supersedes the
10.25Minnesota Electrical Act in this chapter are not subject to the provisions of sections
10.26326B.31 to 326B.399.
10.27 Sec. 15. Minnesota Statutes 2012, section 326B.33, subdivision 19, is amended to read:
10.28 Subd. 19. License, registration, and renewal fees; expiration. (a) Unless
10.29revoked or suspended under this chapter, all licenses issued or renewed under this section
10.30expire on the date specified in this subdivision. Master licenses expire March 1 of each
10.31odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
10.321 of each even-numbered year after issuance or renewal. Technology system contractor
10.33and satellite system contractor licenses expire August 1 of each even-numbered year after
11.1issuance or renewal. All other personal licenses expire two years from the date of original
11.2issuance and every two years thereafter. Registrations of unlicensed individuals expire
11.3one year from the date of original issuance and every year thereafter.
11.4(b) For purposes of calculating license fees and renewal license fees required under
11.5section326B.092 :
11.6(1) the registration of an unlicensed individual under subdivision 12 shall be
11.7considered an entry level license;
11.8(2) the following licenses shall be considered journeyman licenses: Class A
11.9journeyman electrician, Class B journeyman electrician, Class A installer, Class B
11.10installer,elevator constructor, lineman, maintenance electrician, satellite system installer,
11.11and power limited technician;
11.12(3) the following licenses shall be considered master licenses: Class A master
11.13electrician, and Class B master electrician, and master elevator constructor; and
11.14(4) the following licenses shall be considered business licenses: Class A electrical
11.15contractor, Class B electrical contractor,elevator contractor, satellite system contractor,
11.16and technology systems contractor.
11.17(c) For each filing of a certificate of responsible person by an employer, the fee is
11.18$100.
11.19 Sec. 16. Minnesota Statutes 2012, section 326B.33, subdivision 21, is amended to read:
11.20 Subd. 21. Exemptions from licensing. (a) An individual who is a maintenance
11.21electrician is not required to hold or obtain a license under sections326B.31 to
326B.399 if:
11.22 (1) the individual is engaged in the maintenance and repair of electrical equipment,
11.23apparatus, and facilities that are owned or leased by the individual's employer and that are
11.24located within the limits of property operated, maintained, and either owned or leased by
11.25the individual's employer;
11.26 (2) the individual is supervised by:
11.27 (i) the responsible master electrician for a contractor who has contracted with the
11.28individual's employer to provide services for which a contractor's license is required; or
11.29 (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
11.30engineer, or, if the maintenance and repair work is limited to technology circuits or
11.31systems work, a licensed power limited technician; and
11.32 (3) the individual's employer has on file with the commissioner a current certificate
11.33of responsible person, signed by the responsible master electrician of the contractor, the
11.34licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
11.35the licensed power limited technician, and stating that the person signing the certificate
12.1is responsible for ensuring that the maintenance and repair work performed by the
12.2employer's employees complies with the Minnesota Electrical Act and the rules adopted
12.3under that act. The employer must pay a filing fee to file a certificate of responsible person
12.4with the commissioner. The certificate shall expire two years from the date of filing. In
12.5order to maintain a current certificate of responsible person, the employer must resubmit a
12.6certificate of responsible person, with a filing fee, no later than two years from the date
12.7of the previous submittal.
12.8 (b) Employees of a licensed electrical or technology systems contractor or other
12.9employer where provided with supervision by a master electrician in accordance with
12.10subdivision 1, or power limited technician in accordance with subdivision 7, paragraph
12.11(a), clause (1), are not required to hold a license under sections326B.31 to
326B.399
12.12for the planning, laying out, installing, altering, and repairing of technology circuits or
12.13systems except planning, laying out, or installing:
12.14 (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
12.15control circuits or systems other than class 2 or class 3, except circuits that interconnect
12.16these systems through communication, alarm, and security systems are exempted from
12.17this paragraph;
12.18 (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
12.19physically unprotected circuits other than class 2 or class 3; or
12.20 (3) technology circuits or systems in hazardous classified locations as covered by
12.21chapter 5 of the National Electrical Code.
12.22 (c) Companies and their employees that plan, lay out, install, alter, or repair class
12.232 and class 3 remote control wiring associated with plug or cord and plug connected
12.24appliances other than security or fire alarm systems installed in a residential dwelling are
12.25not required to hold a license under sections326B.31 to
326B.399 .
12.26 (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
12.27employees are not required to hold or obtain a license under sections326B.31 to
326B.399
12.28when performing heating, ventilating, air conditioning, or refrigeration work as described
12.29in section326B.38 .
12.30 (e) Employees of any electrical, communications, or railway utility, cable
12.31communications company as defined in section238.02 , or a telephone company as defined
12.32under section237.01 or its employees, or of any independent contractor performing work
12.33on behalf of any such utility, cable communications company, or telephone company, shall
12.34not be required to hold a license under sections326B.31 to
326B.399 :
13.1 (1) while performing work on installations, materials, or equipment which are owned
13.2or leased, and operated and maintained by such utility, cable communications company, or
13.3telephone company in the exercise of its utility, antenna, or telephone function, and which
13.4 (i) are used exclusively for the generation, transformation, distribution, transmission,
13.5or metering of electric current, or the operation of railway signals, or the transmission
13.6of intelligence and do not have as a principal function the consumption or use of electric
13.7current or provided service by or for the benefit of any person other than such utility, cable
13.8communications company, or telephone company, and
13.9 (ii) are generally accessible only to employees of such utility, cable communications
13.10company, or telephone company or persons acting under its control or direction, and
13.11 (iii) are not on the load side of the service point or point of entrance for
13.12communication systems;
13.13 (2) while performing work on installations, materials, or equipment which are a part
13.14of the street lighting operations of such utility; or
13.15 (3) while installing or performing work on outdoor area lights which are directly
13.16connected to a utility's distribution system and located upon the utility's distribution poles,
13.17and which are generally accessible only to employees of such utility or persons acting
13.18under its control or direction.
13.19 (f) An owner shall not be required to hold or obtain a license under sections326B.31
13.20to
326B.399 .
13.21(g) Companies and their employees licensed under section 326B.164 shall not be
13.22required to hold or obtain a license under sections 326B.31 to 326B.399.
13.23 Sec. 17. REPEALER.
13.24(a) Minnesota Statutes 2012, section 326B.31, subdivisions 18, 19, and 22, are
13.25repealed.
13.26(b) Minnesota Rules, parts 3800.3520, subpart 5, items C and D; and 3800.3602,
13.27subpart 2, item B, subitems (5) and (6), are repealed.
13.28 Sec. 18. EFFECTIVE DATE.
13.29Sections 1 to 17 are effective July 1, 2013.
1.3Minnesota Statutes 2012, sections 326.02, subdivision 5; 326B.163, by adding
1.4subdivisions; 326B.187; 326B.191; 326B.33, subdivisions 19, 21; proposing
1.5coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota
1.6Statutes 2012, section 326B.31, subdivisions 18, 19, 22; Minnesota Rules, parts
1.73800.3520, subpart 5, items C, D; 3800.3602, subpart 2, item B.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 326.02, subdivision 5, is amended to read:
1.10 Subd. 5. Limitation. The provisions of sections
1.11to the preparation of plans and specifications for the erection, enlargement, or alteration
1.12of any building or other structure by any person, for that person's exclusive occupancy
1.13or use, unless such occupancy or use involves the public health or safety or the health
1.14or safety of the employees of said person, or of the buildings listed in section
1.15subdivision 2
1.16to a registered engineer, landscape architect, architect, or certified interior designer,
1.17nor to any standardized manufactured product, nor to any construction superintendent
1.18supervising the execution of work designed by an architect, landscape architect, engineer,
1.19or certified interior designer licensed or certified in accordance with section
1.20to the planning for and supervision of the construction and installation of work by an
1.21electrical or elevator contractor or master plumber as defined in and licensed pursuant to
1.22chapter 326B, where such work is within the scope of such licensed activity and not
1.23within the practice of professional engineering, or architecture, or where the person does
1.24not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b.
2.1 Sec. 2. Minnesota Statutes 2012, section 326B.163, is amended by adding a
2.2subdivision to read:
2.3 Subd. 9. Direct supervision. "Direct supervision" means:
2.4(1) an unlicensed individual is being directly supervised by an individual licensed
2.5to perform the elevator work being supervised during the entire time the unlicensed
2.6individual is performing elevator work;
2.7(2) the licensed individual is physically present at the location where the unlicensed
2.8individual is performing elevator work and immediately available to the unlicensed
2.9individual at all times for assistance and direction;
2.10(3) the licensed individual shall review the elevator work performed by the
2.11unlicensed individual before the elevator work is operated; and
2.12(4) the licensed individual is able to and does determine that all elevator work
2.13performed by the unlicensed individual is performed in compliance with the elevator code.
2.14 Sec. 3. Minnesota Statutes 2012, section 326B.163, is amended by adding a
2.15subdivision to read:
2.16 Subd. 10. Elevator contractor. "Elevator contractor" means a licensed contractor
2.17whose responsible licensed individual is a master elevator constructor. An elevator
2.18contractor license does not itself qualify its holder to perform or supervise elevator work
2.19authorized by holding a personal license issued by the commissioner.
2.20 Sec. 4. Minnesota Statutes 2012, section 326B.163, is amended by adding a
2.21subdivision to read:
2.22 Subd. 11. Limited elevator contractor. "Limited elevator contractor" means a
2.23licensed contractor whose responsible licensed individual is a limited master elevator
2.24constructor. A limited elevator contractor or its employees may only install, test, or alter
2.25elevator equipment in a residential dwelling.
2.26 Sec. 5. Minnesota Statutes 2012, section 326B.163, is amended by adding a
2.27subdivision to read:
2.28 Subd. 12. Elevator work. "Elevator work" means the installing, maintaining,
2.29altering, repairing, testing, planning, or laying out of elevator apparatus or equipment
2.30as covered by Minnesota Rules, chapters 1307 and 1315. Elevator work also includes
2.31the disconnection of electrical wiring and the decommissioning of elevator equipment
2.32to enable safe removal.
3.1 Sec. 6. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.2subdivision to read:
3.3 Subd. 13. Master elevator constructor. "Master elevator constructor" means
3.4an individual having the necessary qualifications, training, experience, and technical
3.5knowledge to properly plan, lay out, supervise, and perform the installation, maintenance,
3.6altering, testing, wiring, and repair of apparatus and equipment for elevators, including
3.7electrical wiring on the load side of the elevator equipment disconnect and who is licensed
3.8as a master elevator constructor by the commissioner.
3.9 Sec. 7. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.10subdivision to read:
3.11 Subd. 14. Limited master elevator constructor. "Limited master elevator
3.12constructor" means an individual having the necessary qualifications, training, experience,
3.13and technical knowledge to properly plan, lay out, supervise, and perform the testing,
3.14altering installation, maintenance, and repair of wiring, apparatus, and equipment for
3.15elevator equipment in residential dwellings, including wiring on the load side of the
3.16elevator equipment disconnect and who is licensed as a limited master elevator constructor
3.17by the commissioner.
3.18 Sec. 8. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.19subdivision to read:
3.20 Subd. 15. Journeyman elevator constructor. "Journeyman elevator constructor"
3.21means an individual having the necessary qualifications, training, experience, and
3.22technical knowledge to install, maintain, alter, test, and repair apparatus and equipment for
3.23elevators, including electrical wiring on the load side of the elevator equipment disconnect
3.24and who is licensed as a journeyman elevator constructor by the commissioner.
3.25 Sec. 9. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.26subdivision to read:
3.27 Subd. 16. Registered unlicensed elevator constructor. "Registered unlicensed
3.28elevator constructor" means an individual who has registered with the department but is
3.29not licensed by the commissioner to perform elevator work.
3.30 Sec. 10. Minnesota Statutes 2012, section 326B.163, is amended by adding a
3.31subdivision to read:
4.1 Subd. 17. Residential dwelling. "Residential dwelling" is a single dwelling unit
4.2that is contained in a one-family, two-family, or multifamily dwelling. A residential
4.3dwelling also includes outdoor space at a one-family dwelling.
4.4 Sec. 11. Minnesota Statutes 2012, section 326B.163, is amended by adding a
4.5subdivision to read:
4.6 Subd. 18. Responsible licensed individual. "Responsible licensed individual"
4.7means an individual licensed as a master elevator constructor or limited master elevator
4.8constructor and who is identified as the responsible licensed individual on an elevator
4.9contractor license application.
4.10 Sec. 12. [326B.164] LICENSES.
4.11 Subdivision 1. Master elevator constructor. (a) Except as otherwise provided by
4.12law, no individual shall perform or supervise elevator work, unless the individual is:
4.13(1) licensed by the commissioner as a master elevator constructor; and
4.14(2) the elevator work is for a licensed elevator contractor and the individual is an
4.15employee, partner, or officer of, or is the licensed contractor.
4.16(b) An applicant for a master elevator constructor license shall:
4.17(1) have at least one year of experience, acceptable to the commissioner, as a
4.18licensed journeyman elevator constructor; or
4.19(2) have at least six years experience, acceptable to the commissioner, in planning
4.20for, laying out, supervising and installing apparatus, equipment, and wiring for elevators.
4.21(c) Individuals licensed as master elevator constructors under section 326B.33,
4.22subdivision 11, as of December 31, 2013, shall not be required to pass an examination
4.23under this section but, effective January 1, 2014, shall be subject to the requirements of
4.24sections 326B.163 to 326B.191.
4.25(d) Except for the initial license term, as a condition of license renewal, master
4.26elevator constructors must attain a minimum of 16 hours of continuing education credit
4.27approved by the commissioner every renewal period. Not less than 12 hours shall be based
4.28on the Minnesota Elevator Code or elevator technology, and not less than four hours shall
4.29be based on the National Electrical Code.
4.30 Subd. 2. Limited master elevator constructor. (a) Except as otherwise provided
4.31by law, no individual shall perform or supervise elevator work in a residential dwelling
4.32unless the individual is:
4.33(1) licensed by the commissioner as a limited master elevator constructor; and
5.1(2) the elevator work is for a limited elevator contractor and the individual is an
5.2employee, partner, or officer of, or is the licensed contractor.
5.3(b) An applicant for a limited master elevator constructor license shall have at
5.4least two years of experience acceptable to the commissioner in installing apparatus,
5.5equipment, and wiring for elevators.
5.6(c) Except for the initial license term, as a condition of license renewal, limited
5.7master elevator constructors must attain a minimum of eight hours of continuing education
5.8credit approved by the commissioner every renewal period. Not less than six hours shall
5.9be based on the Minnesota Elevator Code or elevator technology, and not less than two
5.10hours on the National Electrical Code.
5.11 Subd. 3. Journeyman elevator constructor. (a) Except as otherwise provided
5.12by law, no individual shall perform and supervise elevator work except for planning or
5.13laying out of elevator work, unless:
5.14(1) the individual is licensed by the commissioner as a journeyman elevator
5.15constructor; and
5.16(2) the elevator work is for an elevator contractor and the individual is an employee,
5.17partner, or officer of the licensed elevator contractor.
5.18(b) An applicant for a journeyman elevator constructor license shall have completed
5.19a four-year elevator mechanics apprenticeship registered with the United States
5.20Department of Labor or worked at least 9,000 hours in five consecutive years for a
5.21licensed elevator contractor, acceptable to the commissioner; installing, maintaining,
5.22modernizing, testing, wiring, and repairing elevators.
5.23(c) Individuals licensed as journeyman elevator constructors under section 326B.33,
5.24subdivision 8, as of December 31, 2013, shall not be required to pass an examination
5.25under this section but, effective January 1, 2014, shall be subject to the requirements of
5.26sections 326B.163 to 326B.191.
5.27(d) As a condition of license renewal, journeyman elevator constructors must attain
5.28a minimum of 16 hours of continuing education credit approved by the commissioner
5.29every renewal period. Not less than 12 hours shall be based on the Minnesota Elevator
5.30Code or elevator technology, and not less than four hours shall be based on the National
5.31Electrical Code.
5.32 Subd. 4. Registered unlicensed elevator constructor. (a) An unlicensed individual
5.33shall not perform elevator work, unless the individual has first registered with the
5.34department as an unlicensed elevator constructor. Except as allowed by subdivision 12, a
5.35registered unlicensed elevator constructor shall not perform elevator work, unless the work
5.36is performed under the direct supervision of an individual actually licensed to perform
6.1such work. The licensed elevator constructor and the registered unlicensed elevator
6.2constructor must be employed by the same employer. Unlicensed individuals shall not
6.3supervise the performance of elevator work or make assignments of elevator work to
6.4unlicensed individuals. Licensed elevator constructors shall provide direct supervision for
6.5no more than two registered unlicensed elevator constructors.
6.6(b) Notwithstanding any other provision of this section, no individual other than a
6.7master elevator constructor or limited master elevator constructor shall plan or lay out
6.8elevator wiring, apparatus, or equipment.
6.9(c) Contractors employing registered unlicensed elevator constructors performing
6.10elevator work shall maintain records establishing compliance with this subdivision that
6.11shall identify all unlicensed individuals performing elevator work and shall permit the
6.12department to examine and copy all such records.
6.13(d) When a licensed elevator constructor supervises the elevator work of an
6.14unlicensed individual, the licensed elevator constructor is responsible for ensuring that the
6.15elevator work complies with this section and the Minnesota Elevator Code.
6.16(e) A registered unlicensed elevator constructor with a minimum of one year
6.17experience may perform the following maintenance tasks for elevator equipment without
6.18being provided with direct supervision: oiling, cleaning, greasing, painting, relamping,
6.19and replacing of escalator and moving walk comb teeth.
6.20 Subd. 5. Registration of unlicensed individuals. (a) Unlicensed individuals
6.21performing elevator work for a contractor shall register with the department in the manner
6.22prescribed by the commissioner. Experience credit for elevator work performed in
6.23Minnesota after January 1, 2009, by an applicant for a license identified in this section
6.24shall not be granted where the applicant has not registered with the department or is
6.25not licensed by the department.
6.26(b) As a condition of renewal of their registration, unlicensed individuals shall attain
6.27a minimum of two hours of continuing education credit approved by the commissioner
6.28every renewal period. The continuing education course shall be based on the Minnesota
6.29Elevator Code or elevator technology.
6.30(c) Individuals registered under section 326B.33, subdivision 13, whose registration
6.31expires after July 31, 2013, shall be subject to the registration requirements of this
6.32subdivision and the requirements of sections 326B.163 to 326B.191.
6.33 Subd. 6. Contractor's license required. (a) No individual, other than an employee,
6.34partner, or officer of a licensed contractor, as defined by section 326B.163, subdivision
6.3510, shall perform or offer to perform elevator work with or without compensation, unless
6.36the individual obtains a contractor's license. A contractor's license does not of itself
7.1qualify its holder to perform or supervise the elevator work authorized by holding any
7.2class of personal license.
7.3(b) Companies licensed under section 326B.33, subdivision 14, as of July 31, 2013,
7.4shall not be required to comply with this subdivision.
7.5 Subd. 7. Bond required. As a condition of licensing, each contractor shall give
7.6and maintain bond to the state in the sum of $25,000, conditioned upon the faithful and
7.7lawful performance of all work contracted for or performed by the contractor within the
7.8state of Minnesota, and such bond shall be for the benefit of persons injured or suffering
7.9financial loss by reason of failure of such performance. The bond shall be filed with
7.10the commissioner and shall be in lieu of all other license bonds to any other political
7.11subdivision. The bond shall be written by a corporate surety licensed to do business
7.12in the state of Minnesota.
7.13 Subd. 8. Insurance required. Each elevator contractor shall have and maintain
7.14in effect general liability insurance, which includes premises and operations insurance
7.15and products and completed operations insurance, with limits of at least $100,000 per
7.16occurrence, $300,000 aggregate limit for bodily injury, and property damage insurance
7.17with limits of at least $50,000, or a policy with a single limit for bodily injury and property
7.18damage of $300,000 per occurrence and $300,000 aggregate limits. The insurance shall be
7.19written by an insurer licensed to do business in the state of Minnesota and each contractor
7.20shall maintain on file with the commissioner a certificate evidencing such insurance. In the
7.21event of a policy cancellation, the insurer shall send written notice to the commissioner at
7.22the same time that a cancellation request is received from or a notice is sent to the insured.
7.23 Subd. 9. Employment of responsible individual. (a) Each elevator contractor
7.24must designate a responsible master elevator constructor or limited master elevator
7.25constructor who shall be the responsible individual for the performance of all elevator
7.26work in accordance with the requirements of sections 326B.163 to 326B.191, all rules
7.27adopted under these sections, and all orders issued under section 326B.082. The classes of
7.28work that a licensed contractor is authorized to perform shall be limited to the classes of
7.29work that the responsible individual is allowed to perform.
7.30(b) When a contractor's license is held by an individual, sole proprietorship,
7.31partnership, limited liability company, or corporation, and the individual, proprietor, one
7.32of the partners, one of the members, or an officer of the corporation, respectively, is not the
7.33responsible master elevator constructor or limited master elevator constructor, all elevator
7.34permits shall be submitted by the responsible master elevator constructor or limited
7.35master elevator constructor. If the contractor is an individual or a sole proprietorship,
7.36the responsible master or limited master elevator constructor must be the individual,
8.1proprietor, or managing employee. If the contractor is a partnership, the responsible
8.2master or limited master elevator constructor must be a general partner or managing
8.3employee. If the licensed contractor is a limited liability company, the responsible master
8.4or limited master elevator constructor must be a chief manager or managing employee.
8.5If the contractor is a corporation, the responsible master or limited master elevator
8.6constructor must be an officer or managing employee. If the responsible master or limited
8.7master elevator constructor is a managing employee, the responsible individual must be
8.8actively engaged in performing elevator work on behalf of the contractor, and cannot be
8.9employed in any capacity performing elevator work for any other elevator contractor or
8.10employer. An individual may be the responsible individual for only one contractor.
8.11(c) All applications and renewals for contractor licenses shall include a verified
8.12statement that the applicant and responsible individual are in compliance with this
8.13subdivision.
8.14 Subd. 10. Examination. In addition to the other requirements described in this
8.15section and sections 326B.091 to 326B.098, as a precondition to issuance of a personal
8.16license, each applicant must pass a written or oral examination developed and administered
8.17by the commissioner to ensure the competence of each applicant for license. An oral
8.18examination shall be administered only to an applicant who furnishes a written statement
8.19from a certified teacher or other professional, trained in the area of reading disabilities,
8.20stating that the applicant has a specific reading disability that would prevent the applicant
8.21from performing satisfactorily on a written test. The oral examination shall be structured
8.22so that an applicant who passes the examination will not impair the applicant's own safety
8.23or that of others while acting as a licensed individual.
8.24 Subd. 11. License, registration, and renewal fees; expiration. (a) Unless revoked
8.25or suspended under this chapter, all licenses issued or renewed under this section expire on
8.26the following schedule:
8.27(1) master licenses expire March 1 of each odd-numbered year after issuance or
8.28renewal;
8.29(2) elevator contractor licenses expire March 1 of each even-numbered year after
8.30issuance or renewal;
8.31(3) journeyman elevator constructor licenses expire two years from the date of
8.32original issuance and every two years thereafter; and
8.33(4) registrations of unlicensed individuals expire one year from the date of original
8.34issuance and every year thereafter.
8.35(b) For purposes of calculating license fees and renewal license fees required under
8.36section 326B.092:
9.1(1) the registration of an unlicensed individual under subdivision 5 shall be
9.2considered an entry-level license;
9.3(2) the journeyman elevator constructor shall be considered a journeyman license;
9.4(3) the master elevator constructor and limited master elevator constructor licenses
9.5shall be considered a master license; and
9.6(4) an elevator contractor license shall be considered a business license.
9.7 Subd. 12. Exemption from licensing. Employees of a licensed elevator contractor
9.8are not required to hold or obtain a license under this section or be provided with direct
9.9supervision by a licensed master elevator constructor or licensed elevator constructor to
9.10install, maintain, or repair elevator equipment at a residential dwelling as defined in section
9.11326B.163. Unlicensed employees performing elevator work under this exemption must
9.12comply with subdivision 5 of this section. This exemption does not include the installation,
9.13maintenance, repair, or replacement of electrical wiring for elevator equipment.
9.14 Subd. 13. Reciprocity. (a) The commissioner may enter into reciprocity agreements
9.15for personal licenses with another state and issue a personal license without requiring the
9.16applicant to pass an examination provided the applicant:
9.17(1) submits an application under this section;
9.18(2) pays the application and examination fee and license fee required under section
9.19326B.092; and
9.20(3) holds a valid comparable license in the state participating in the agreement.
9.21(b) Reciprocity agreements are subject to the following:
9.22(1) the parties to the agreement must administer a statewide licensing program that
9.23includes examination and qualifying experience or training comparable to Minnesota's;
9.24(2) the experience and training requirements under which an individual applicant
9.25qualified for examination in the qualifying state must be deemed equal to or greater than
9.26required for an applicant making application in Minnesota at the time the applicant
9.27acquired the license in the qualifying state;
9.28(3) the applicant must have acquired the license in the qualifying state through an
9.29examination deemed equivalent to the same class of license examination in Minnesota.
9.30A lesser class of license may be granted where the applicant has acquired a greater
9.31class of license in the qualifying state, and the applicant otherwise meets the conditions
9.32of this subdivision;
9.33(4) at the time of application, the applicant must hold a valid license in the qualifying
9.34state and have held the license continuously for at least one year before making application
9.35in Minnesota;
10.1(5) an applicant is not eligible for a license under this subdivision if the applicant has
10.2failed the same or greater class of license examination in Minnesota, or if the applicant's
10.3license of the same or greater class has been revoked or suspended; and
10.4(6) an applicant who has failed to renew a personal license for two years or more
10.5after its expiration is not eligible for a license under this subdivision.
10.6 Sec. 13. Minnesota Statutes 2012, section 326B.187, is amended to read:
10.7326B.187 RULES.
10.8 The commissioner may adopt rules for the following purposes:
10.9 (1) to establish minimum qualifications for elevator inspectors that must include
10.10possession of a current elevator constructor
10.11and proof of successful completion of the national elevator industry education program
10.12examination or equivalent experience;
10.13 (2) to establish minimum qualifications for limited elevator inspectors;
10.14 (3) to establish criteria for the qualifications of elevator contractors;
10.15 (4) to establish elevator standards under sections
10.16and
10.17 (5) to establish procedures for appeals of decisions of the commissioner under
10.18chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
10.19advice from the elevator trade, building owners or managers, and others knowledgeable in
10.20the installation, construction, and repair of elevators; and
10.21 (6) to establish requirements for the registration of all elevators.
10.22 Sec. 14. Minnesota Statutes 2012, section 326B.191, is amended to read:
10.23326B.191 CONFLICT OF LAWS.
10.24
10.25
10.26326B.31 to 326B.399.
10.27 Sec. 15. Minnesota Statutes 2012, section 326B.33, subdivision 19, is amended to read:
10.28 Subd. 19. License, registration, and renewal fees; expiration. (a) Unless
10.29revoked or suspended under this chapter, all licenses issued or renewed under this section
10.30expire on the date specified in this subdivision. Master licenses expire March 1 of each
10.31odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
10.321 of each even-numbered year after issuance or renewal. Technology system contractor
10.33and satellite system contractor licenses expire August 1 of each even-numbered year after
11.1issuance or renewal. All other personal licenses expire two years from the date of original
11.2issuance and every two years thereafter. Registrations of unlicensed individuals expire
11.3one year from the date of original issuance and every year thereafter.
11.4(b) For purposes of calculating license fees and renewal license fees required under
11.5section
11.6(1) the registration of an unlicensed individual under subdivision 12 shall be
11.7considered an entry level license;
11.8(2) the following licenses shall be considered journeyman licenses: Class A
11.9journeyman electrician, Class B journeyman electrician, Class A installer, Class B
11.10installer,
11.11and power limited technician;
11.12(3) the following licenses shall be considered master licenses: Class A master
11.13electrician
11.14(4) the following licenses shall be considered business licenses: Class A electrical
11.15contractor, Class B electrical contractor,
11.16and technology systems contractor.
11.17(c) For each filing of a certificate of responsible person by an employer, the fee is
11.18$100.
11.19 Sec. 16. Minnesota Statutes 2012, section 326B.33, subdivision 21, is amended to read:
11.20 Subd. 21. Exemptions from licensing. (a) An individual who is a maintenance
11.21electrician is not required to hold or obtain a license under sections
11.22 (1) the individual is engaged in the maintenance and repair of electrical equipment,
11.23apparatus, and facilities that are owned or leased by the individual's employer and that are
11.24located within the limits of property operated, maintained, and either owned or leased by
11.25the individual's employer;
11.26 (2) the individual is supervised by:
11.27 (i) the responsible master electrician for a contractor who has contracted with the
11.28individual's employer to provide services for which a contractor's license is required; or
11.29 (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
11.30engineer, or, if the maintenance and repair work is limited to technology circuits or
11.31systems work, a licensed power limited technician; and
11.32 (3) the individual's employer has on file with the commissioner a current certificate
11.33of responsible person, signed by the responsible master electrician of the contractor, the
11.34licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
11.35the licensed power limited technician, and stating that the person signing the certificate
12.1is responsible for ensuring that the maintenance and repair work performed by the
12.2employer's employees complies with the Minnesota Electrical Act and the rules adopted
12.3under that act. The employer must pay a filing fee to file a certificate of responsible person
12.4with the commissioner. The certificate shall expire two years from the date of filing. In
12.5order to maintain a current certificate of responsible person, the employer must resubmit a
12.6certificate of responsible person, with a filing fee, no later than two years from the date
12.7of the previous submittal.
12.8 (b) Employees of a licensed electrical or technology systems contractor or other
12.9employer where provided with supervision by a master electrician in accordance with
12.10subdivision 1, or power limited technician in accordance with subdivision 7, paragraph
12.11(a), clause (1), are not required to hold a license under sections
12.13systems except planning, laying out, or installing:
12.14 (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
12.15control circuits or systems other than class 2 or class 3, except circuits that interconnect
12.16these systems through communication, alarm, and security systems are exempted from
12.17this paragraph;
12.18 (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
12.19physically unprotected circuits other than class 2 or class 3; or
12.20 (3) technology circuits or systems in hazardous classified locations as covered by
12.21chapter 5 of the National Electrical Code.
12.22 (c) Companies and their employees that plan, lay out, install, alter, or repair class
12.232 and class 3 remote control wiring associated with plug or cord and plug connected
12.24appliances other than security or fire alarm systems installed in a residential dwelling are
12.25not required to hold a license under sections
12.26 (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
12.27employees are not required to hold or obtain a license under sections
12.29in section
12.30 (e) Employees of any electrical, communications, or railway utility, cable
12.31communications company as defined in section
12.32under section
12.33on behalf of any such utility, cable communications company, or telephone company, shall
12.34not be required to hold a license under sections
13.1 (1) while performing work on installations, materials, or equipment which are owned
13.2or leased, and operated and maintained by such utility, cable communications company, or
13.3telephone company in the exercise of its utility, antenna, or telephone function, and which
13.4 (i) are used exclusively for the generation, transformation, distribution, transmission,
13.5or metering of electric current, or the operation of railway signals, or the transmission
13.6of intelligence and do not have as a principal function the consumption or use of electric
13.7current or provided service by or for the benefit of any person other than such utility, cable
13.8communications company, or telephone company, and
13.9 (ii) are generally accessible only to employees of such utility, cable communications
13.10company, or telephone company or persons acting under its control or direction, and
13.11 (iii) are not on the load side of the service point or point of entrance for
13.12communication systems;
13.13 (2) while performing work on installations, materials, or equipment which are a part
13.14of the street lighting operations of such utility; or
13.15 (3) while installing or performing work on outdoor area lights which are directly
13.16connected to a utility's distribution system and located upon the utility's distribution poles,
13.17and which are generally accessible only to employees of such utility or persons acting
13.18under its control or direction.
13.19 (f) An owner shall not be required to hold or obtain a license under sections
13.21(g) Companies and their employees licensed under section 326B.164 shall not be
13.22required to hold or obtain a license under sections 326B.31 to 326B.399.
13.23 Sec. 17. REPEALER.
13.24(a) Minnesota Statutes 2012, section 326B.31, subdivisions 18, 19, and 22, are
13.25repealed.
13.26(b) Minnesota Rules, parts 3800.3520, subpart 5, items C and D; and 3800.3602,
13.27subpart 2, item B, subitems (5) and (6), are repealed.
13.28 Sec. 18. EFFECTIVE DATE.
13.29Sections 1 to 17 are effective July 1, 2013.
