THE STATE OF MINNESOTA
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2007 MN H.B. 1208

MINNESOTA 85TH REGULAR SESSION

HOUSE BILL 1208

CHAPTER 140 - H.F. NO. 1208

BILL TRACKING REPORT: 2007 Bill Tracking MN H.B. 1208

BILL TRACKING REPORT: 2007 Bill Tracking MN S.B. 998

2007 Bill Text MN H.B. 1208; same as 2007;Bill Text MN S.B. 998

VERSION: Enacted

VERSION-DATE: May 25, 2007

SYNOPSIS: AN ACT relating to state government; changing provisions for
construction codes and licensing provisions; providing penalties and
enforcement; modifying provisions relating to the limitation on certain actions;
instructing the revisor to renumber certain statutory sections; appropriating
money; providing appropriation reductions;amending Minnesota Statutes 2006,
sections 16B.04, subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61;
16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.64, by adding a
subdivision; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 2,
by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 16B.747;
16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, subdivision
1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3; 178.041,
subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 183.42;
183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 183.54,
subdivisions 1, 3; 183.545, by adding a subdivision; 183.56; 183.57,
subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 214.01,
subdivision 3; 214.04, subdivisions 1, 3; 299F.011, subdivision 1; 325E.37,
subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g,
6j, 6k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243; 326.244,
subdivisions 1a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245;
326.248; 326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46;
326.461, by adding subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1;
326.58; 326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62;
326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842;
326.86; 326.87; 326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1;
326.92; 326.921; 326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975,
subdivision 1; 326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2,
3, 4, 7, 15, by adding a subdivision; 327.32, subdivision 8; 327.33,
subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35, subdivisions 1, 2; 327A.01,
subdivision 2; 327B.01, subdivisions 4, 5, 7, 17, by adding subdivisions;
327B.04, subdivisions 1, 4, 6, 7, 8, by adding a subdivision; 327B.05,
subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357, subdivision 6a;
462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471; 541.051; proposing
coding for new law in Minnesota Statutes, chapters 326; 327B; proposing coding
for new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes
2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 183.02; 183.375,
subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4; 183.44,
subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2; 183.545, subdivision 9;
183.61, subdivisions 1, 3, 5, 6; 326.01, subdivisions 4, 6h, 9, 10, 11, 12, 13;
326.241; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k,
10; 326.244, subdivision 6; 326.246; 326.2461; 326.247; 326.40, subdivision 4;
326.41; 326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64;
326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3,
4; 326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota
Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590;
3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1,
item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010;
5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.

NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

REVISOR'S INSTRUCTION

Section 1. [A> REVISOR'S INSTRUCTION. IN MINNESOTA RULES, CHAPTERS 1300,
1301, 1305, 1306, 1307, 1309, 1311, 1315, 1346, 1350, 1360, AND 7672, THE
REVISOR OF STATUTES SHALL: <A]

[A> (1) CHANGE THE TERM "COMMISSIONER OF ADMINISTRATION" TO "COMMISSIONER OF
LABOR AND INDUSTRY"; <A]

[A> (2) CHANGE THE TERM "DEPARTMENT OF ADMINISTRATION" TO "DEPARTMENT OF
LABOR AND INDUSTRY"; <A]

[A> (3) CHANGE THE TERM "DEPARTMENT OF ADMINISTRATION'S BUILDING CODES AND
STANDARDS DIVISION" TO "DEPARTMENT OF LABOR AND INDUSTRY"; AND <A]

[A> (4) CHANGE THE TERM "DIRECTOR OF THE BUILDING CODES AND STANDARDS
DIVISION OF THE DEPARTMENT OF ADMINISTRATION" TO "INDIVIDUAL APPOINTED BY THE
COMMISSIONER OF LABOR AND INDUSTRY TO ADMINISTER THE CODE." <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

ARTICLE 2

CONSTRUCTION CODES AND LICENSING

Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is
amended to read:

Subdivision 1. [A> STATE FIRE CODE RULEMAKING <A] authority. The commissioner
of [D> public safety through the Division of Fire Marshal may promulgate <D] [A>
LABOR AND INDUSTRY, CONSISTENT WITH THE RECOMMENDATIONS OF THE STATE FIRE
MARSHAL, SHALL ADOPT <A] a State Fire Code and make amendments thereto in
accordance with the Administrative Procedure Act in chapter 14. The code and its
amendments shall conform insofar as practicable to model fire codes generally
accepted and in use throughout the United States, with consideration given to
existing statewide specialty codes presently in use in the state of Minnesota.
Statewide specialty codes and model codes with necessary modifications may be
adopted by reference in accordance with section 14.07, subdivision 4.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 2. [A> (326B.01) DEFINITIONS. <A]

[A> SUBDIVISION 1. SCOPE. THE DEFINITIONS IN THIS SECTION APPLY TO CHAPTER
326B. <A]

[A> SUBD. 2. ASME. "ASME" MEANS THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS.
<A]

[A> SUBD. 3. COMMISSIONER. "COMMISSIONER" MEANS THE COMMISSIONER OF LABOR AND
INDUSTRY OR A DULY DESIGNATED REPRESENTATIVE OF THE COMMISSIONER WHO IS EITHER
AN EMPLOYEE OF THE DEPARTMENT OF LABOR AND INDUSTRY OR A PERSON WORKING UNDER
CONTRACT WITH THE DEPARTMENT. <A]

[A> SUBD. 4. DEPARTMENT. "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
INDUSTRY. <A]

[A> SUBD. 5. DAY. "DAY" MEANS CALENDAR DAY UNLESS OTHERWISE PROVIDED. <A]

[A> SUBD. 6. INDIVIDUAL. "INDIVIDUAL" MEANS A HUMAN BEING. <A]

[A> SUBD. 7. PERSON. "PERSON" MEANS ANY INDIVIDUAL, LIMITED LIABILITY
COMPANY, CORPORATION, PARTNERSHIP, INCORPORATED OR UNINCORPORATED ASSOCIATION,
SOLE PROPRIETORSHIP, JOINT STOCK COMPANY, OR ANY OTHER LEGAL OR COMMERCIAL
ENTITY. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 3. [A> (326B.02) POWERS. <A]

[A> SUBDIVISION 1. TRANSFER OF RESPONSIBILITIES. THE RESPONSIBILITIES OF THE
COMMISSIONER OF ADMINISTRATION RELATING TO THE STATE BUILDING CODE, SECTIONS
16B.59 TO 16B.76; CONSTRUCTION OF LOW-COST MANUFACTURED HOME PARK STORM
SHELTERS, SECTION 327.205; MANUFACTURED HOMES, SECTIONS 327.31 TO 327.36 AND
327B.01 TO 327B.12; AND STATUTORY WARRANTIES IN CONNECTION WITH THE SALE OF
DWELLINGS AND HOME IMPROVEMENT WORK, CHAPTER 327A, ARE TRANSFERRED UNDER SECTION
15.039 TO THE COMMISSIONER OF LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN
THIS CHAPTER. THE RESPONSIBILITIES OF THE COMMISSIONER OF HEALTH RELATING TO THE
STATE PLUMBING CODE AND LICENSING, SECTIONS 16B.61, 144.99 TO 144.993, AND
326.37 TO 326.45, AND WATER CONDITIONING CONTRACTORS AND INSTALLERS, SECTIONS
326.57 TO 326.65, ARE TRANSFERRED UNDER SECTION 15.039 TO THE COMMISSIONER OF
LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN THIS CHAPTER EXCEPT FOR
RESPONSIBILITIES TRANSFERRED TO THE PLUMBING BOARD AS EXPRESSLY PROVIDED IN THIS
CHAPTER. THE RESPONSIBILITIES OF THE COMMISSIONER OF COMMERCE RELATING TO
RESIDENTIAL CONTRACTORS, RESIDENTIAL REMODELERS, RESIDENTIAL ROOFERS,
MANUFACTURED HOME INSTALLERS, AND THE CONTRACTOR'S RECOVERY FUND UNDER SECTIONS
45.027 TO 45.23 AND 326.83 TO 326.992 ARE TRANSFERRED UNDER SECTION 15.039 TO
THE COMMISSIONER OF LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN THIS
CHAPTER. THE RESPONSIBILITIES OF THE BOARD OF ELECTRICITY RELATING TO THE STATE
ELECTRICAL CODE AND LICENSING, SECTIONS 16B.61 AND 326.241 TO 326.248, ARE
TRANSFERRED UNDER SECTION 15.039 TO THE COMMISSIONER OF LABOR AND INDUSTRY AS
AMENDED AND RECODIFIED IN THIS CHAPTER EXCEPT FOR RESPONSIBILITIES TRANSFERRED
TO THE BOARD OF ELECTRICITY AS EXPRESSLY PROVIDED IN THIS CHAPTER. <A]

[A> SUBD. 2. TRANSFER OF AUTHORITY. THE COMMISSIONER OF ADMINISTRATION MAY
NOT USE THE AUTHORITY UNDER SECTION 16B.37 TO MODIFY THE TRANSFERS OF AUTHORITY
TO THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE BOARD OF HIGH PRESSURE
PIPING SYSTEMS UNDER THIS CHAPTER. <A]

[A> SUBD. 3. DEFINITION OF RESPONSIBILITIES. FOR PURPOSES OF SUBDIVISION 1,
RESPONSIBILITIES INCLUDE POWERS, DUTIES, RIGHTS, OBLIGATIONS, AND OTHER
AUTHORITY IMPOSED BY LAW. <A]

[A> SUBD. 4. STATE FIRE MARSHAL COOPERATION. THE STATE FIRE MARSHAL SHALL
WORK WITH THE COMMISSIONER TO IMPROVE THE DELIVERY OF SERVICES TO THE PUBLIC
THROUGH THE COORDINATION OF SERVICES AND UTILIZATION OF TECHNOLOGY. <A]

[A> SUBD. 5. GENERAL RULEMAKING AUTHORITY. THE COMMISSIONER MAY, UNDER THE
RULEMAKING PROVISIONS OF CHAPTER 14 AND AS OTHERWISE PROVIDED BY THIS CHAPTER,
ADOPT, AMEND, SUSPEND, AND REPEAL RULES RELATING TO THE COMMISSIONER'S
RESPONSIBILITIES UNDER THIS CHAPTER, EXCEPT FOR RULES FOR WHICH THE RULEMAKING
AUTHORITY IS EXPRESSLY TRANSFERRED TO THE PLUMBING BOARD, THE BOARD OF
ELECTRICITY, OR THE BOARD OF HIGH PRESSURE PIPING SYSTEMS. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 4. [A> (326B.04) DEPOSIT OF MONEY. <A]

[A> SUBDIVISION 1. CONSTRUCTION CODE FUND. THERE IS CREATED IN THE STATE
TREASURY A CONSTRUCTION CODE FUND AS A SPECIAL REVENUE FUND FOR THE PURPOSE OF
ADMINISTERING THIS CHAPTER, SECTIONS 327.31 TO 327.36, AND CHAPTER 327B. ALL
MONEY COLLECTED UNDER THOSE SECTIONS, EXCEPT PENALTIES, IS CREDITED TO THE
CONSTRUCTION CODE FUND UNLESS OTHERWISE SPECIFICALLY DESIGNATED BY LAW. ANY
INTEREST OR PROFIT ACCRUING FROM INVESTMENT OF THESE SUMS IS CREDITED TO THE
CONSTRUCTION CODE FUND. ALL MONEY COLLECTED IN THE CONSTRUCTION CODE FUND IS
APPROPRIATED TO THE COMMISSIONER TO ADMINISTER AND ENFORCE THE PROVISIONS
IDENTIFIED IN THIS SECTION. UNLESS OTHERWISE PROVIDED BY LAW, ALL PENALTIES
ASSESSED UNDER THIS CHAPTER, SECTION 327.35, AND CHAPTER 327B ARE CREDITED TO
THE ASSIGNED RISK SAFETY ACCOUNT ESTABLISHED BY SECTION 79.253. <A]

[A> SUBD. 2. DEPOSITS. ALL REMAINING BALANCES AS OF JUNE 30, 2007, IN THE
STATE GOVERNMENT SPECIAL REVENUE FUND AND SPECIAL REVENUE FUND ACCOUNTS
MAINTAINED FOR THE BUILDING CODES AND STANDARDS DIVISION, BOARD OF ELECTRICITY,
AND PLUMBING AND ENGINEERING UNIT ARE TRANSFERRED TO THE CONSTRUCTION CODE FUND.
UNLESS OTHERWISE SPECIFICALLY DESIGNATED BY LAW: <A]

[A> (1) ALL MONEY COLLECTED UNDER CHAPTER 183 AND SECTIONS 16B.59 TO 16B.76;
144.122, PARAGRAPH (F); 181.723; 326.241 TO 326.248; 326.37 TO 326.521; 326.57
TO 326.65; 326.83 TO 326.992; 327.31 TO 327.36; AND 327B.01 TO 327B.12, EXCEPT
PENALTIES, IS CREDITED TO THE CONSTRUCTION CODE FUND; <A]

[A> (2) ALL FEES COLLECTED UNDER SECTION 45.23 IN CONNECTION WITH CONTINUING
EDUCATION FOR RESIDENTIAL CONTRACTORS, RESIDENTIAL REMODELERS, AND RESIDENTIAL
ROOFERS ARE CREDITED TO THE CONSTRUCTION CODE FUND; AND <A]

[A> (3) ALL PENALTIES ASSESSED UNDER THE SECTIONS SET FORTH IN CLAUSES (1)
AND (2) AND ALL PENALTIES ASSESSED UNDER SECTIONS 144.99 TO 144.993 IN
CONNECTION WITH ANY VIOLATION OF SECTIONS 326.37 TO 326.45 OR 326.57 TO 327.65
OR THE RULES ADOPTED UNDER THOSE SECTIONS ARE CREDITED TO THE ASSIGNED RISK
SAFETY ACCOUNT ESTABLISHED BY SECTION 79.253. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 5. [A> (326B.06) BONDS. BONDS ISSUED UNDER THIS CHAPTER ARE NOT STATE
BONDS OR CONTRACTS FOR PURPOSES OF SECTIONS 8.05 AND 16C.05, SUBDIVISION 2. <A]

Sec. 6. [A> (326B.075) COMMISSIONER NOT SUBJECT TO SUBPOENA. THE COMMISSIONER
SHALL NOT BE SUBJECT TO SUBPOENA FOR PURPOSES OF PROVIDING EXPERT TESTIMONY,
EXCEPT IN AN ENFORCEMENT PROCEEDING BROUGHT BY THE COMMISSIONER. <A]

Sec. 7. [A> APPOINTMENT AND FIRST MEETING OF BOARDS. THE GOVERNOR MUST MAKE
THE APPOINTMENTS TO THE BOARD OF ELECTRICITY, THE PLUMBING BOARD, AND THE BOARD
OF HIGH PRESSURE PIPING SYSTEMS NO LATER THAN JULY 1, 2007. THE COMMISSIONER OF
LABOR AND INDUSTRY MUST CONVENE THE FIRST MEETING OF EACH BOARD NO LATER THAN
SEPTEMBER 1, 2007. <A]

ARTICLE 3

ENFORCEMENT

Section 1. [A> (326B.081) DEFINITIONS. <A]

[A> SUBDIVISION 1. APPLICATION. FOR PURPOSES OF SECTIONS 326B.081 TO
326B.085, THE TERMS DEFINED IN THIS SECTION HAVE THE MEANINGS GIVEN THEM. <A]

[A> SUBD. 2. ADMINISTRATIVE ORDER. "ADMINISTRATIVE ORDER" MEANS AN ORDER
ISSUED UNDER SECTION 326B.082, SUBDIVISION 7. <A]

[A> SUBD. 3. APPLICABLE LAW. "APPLICABLE LAW" MEANS THE PROVISIONS OF
SECTIONS 326B.084 TO 326B.998 AND 327.31 TO 327.36 AND CHAPTER 327B, AND ALL
RULES, ORDERS, STIPULATION AGREEMENTS, SETTLEMENTS, COMPLIANCE AGREEMENTS,
LICENSES, REGISTRATIONS, CERTIFICATES, AND PERMITS ADOPTED, ISSUED, OR ENFORCED
BY THE DEPARTMENT UNDER SECTIONS 326B.02 OR 326B.084 TO 326B.998 OR 327.31 TO
327.36 OR CHAPTER 327B. <A]

[A> SUBD. 4. DOCUMENT OR DOCUMENTS. "DOCUMENT" OR "DOCUMENTS" INCLUDES
PAPERS; BOOKS; RECORDS; MEMORANDA; DATA; CONTRACTS; DRAWINGS; GRAPHS; CHARTS;
PHOTOGRAPHS; DIGITAL, VIDEO, AND AUDIO RECORDINGS; RECORDS; ACCOUNTS; FILES;
STATEMENTS; LETTERS; E-MAILS; INVOICES; BILLS; NOTES; AND CALENDARS MAINTAINED
IN ANY FORM OR MANNER. <A]

[A> SUBD. 5. FINAL. "FINAL" WHEN USED TO DESCRIBE ANY ORDER ISSUED UNDER
SECTION 326B.082 MEANS THAT: <A]

[A> (1) NO REQUEST FOR HEARING IN CONNECTION WITH THE ORDER WAS FILED IN THE
MANNER AND WITHIN THE TIME PROVIDED BY SECTION 326B.082; <A]

[A> (2) ALL REQUESTS FOR HEARING HAVE BEEN WITHDRAWN; <A]

[A> (3) AN AGREEMENT THAT RESOLVES THE ORDER HAS BEEN SIGNED BY ALL THE
PARTIES; OR <A]

[A> (4) AFTER THE FILING OF A REQUEST FOR HEARING, AN ORDER HAS BEEN ISSUED
BY THE COMMISSIONER, THE COURT OF APPEALS, OR THE SUPREME COURT, AND ALL APPEALS
HAVE BEEN PURSUED OR FORGONE. <A]

[A> SUBD. 6. LICENSING ORDER. "LICENSING ORDER" MEANS AN ORDER ISSUED UNDER
SECTION 326B.082, SUBDIVISION 12, PARAGRAPH (A). <A]

[A> SUBD. 7. MINIMUM QUALIFICATIONS. "MINIMUM QUALIFICATIONS" MEANS THE
EDUCATIONAL, EXPERIENCE, FEE, EXAMINATION, APPLICATION, AND OTHER ELIGIBILITY
REQUIREMENTS THAT AN APPLICANT MUST MEET IN ORDER TO OBTAIN A LICENSE,
REGISTRATION, CERTIFICATE, OR PERMIT UNDER THE APPLICABLE LAW. FOR AN APPLICANT
THAT IS NOT AN INDIVIDUAL, THE MINIMUM QUALIFICATIONS INCLUDE THE REQUIREMENT
THAT AN EMPLOYEE OR OTHER INDIVIDUAL ASSOCIATED WITH THE APPLICANT HOLD A
LICENSE. <A]

[A> SUBD. 8. STOP ORDER. "STOP ORDER" MEANS AN ORDER ISSUED UNDER SECTION
326B.082, SUBDIVISION 10. <A]

Sec. 2. [A> (326B.082) ENFORCEMENT. <A]

[A> SUBDIVISION 1. REMEDIES AVAILABLE. THE COMMISSIONER MAY ENFORCE ALL
APPLICABLE LAW UNDER THIS SECTION. THE COMMISSIONER MAY USE ANY ENFORCEMENT
PROVISION IN THIS SECTION, INCLUDING THE ASSESSMENT OF MONETARY PENALTIES,
AGAINST A PERSON REQUIRED TO HAVE A LICENSE, REGISTRATION, CERTIFICATE, OR
PERMIT UNDER THE APPLICABLE LAW BASED ON CONDUCT THAT WOULD PROVIDE GROUNDS FOR
ACTION AGAINST A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR PERMIT HOLDER
UNDER THE APPLICABLE LAW. THE USE OF AN ENFORCEMENT PROVISION IN THIS SECTION
SHALL NOT PRECLUDE THE USE OF ANY OTHER ENFORCEMENT PROVISION IN THIS SECTION OR
OTHERWISE PROVIDED BY LAW. <A]

[A> SUBD. 2. ACCESS TO INFORMATION AND PROPERTY; SUBPOENAS. <A]

[A> (A) IN ORDER TO CARRY OUT THE PURPOSES OF THE APPLICABLE LAW, THE
COMMISSIONER MAY: <A]

[A> (1) ADMINISTER OATHS AND AFFIRMATIONS, CERTIFY OFFICIAL ACTS, INTERVIEW,
QUESTION, TAKE ORAL OR WRITTEN STATEMENTS, AND TAKE DEPOSITIONS; <A]

[A> (2) REQUEST, EXAMINE, TAKE POSSESSION OF, TEST, SAMPLE, MEASURE,
PHOTOGRAPH, RECORD, AND COPY ANY DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR
MATERIALS; <A]

[A> (3) AT A TIME AND PLACE INDICATED BY THE COMMISSIONER, REQUEST PERSONS TO
APPEAR BEFORE THE COMMISSIONER TO GIVE TESTIMONY AND PRODUCE DOCUMENTS,
APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS; <A]

[A> (4) ISSUE SUBPOENAS TO COMPEL PERSONS TO APPEAR BEFORE THE COMMISSIONER
TO GIVE TESTIMONY AND PRODUCE DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR
MATERIALS; AND <A]

[A> (5) WITH OR WITHOUT NOTICE, ENTER WITHOUT DELAY UPON ANY PROPERTY, PUBLIC
OR PRIVATE, FOR THE PURPOSE OF TAKING ANY ACTION AUTHORIZED UNDER THIS
SUBDIVISION OR THE APPLICABLE LAW, INCLUDING OBTAINING INFORMATION, REMEDYING
VIOLATIONS, OR CONDUCTING SURVEYS, INSPECTIONS, OR INVESTIGATIONS. <A]

[A> (B) PERSONS REQUESTED BY THE COMMISSIONER TO GIVE TESTIMONY OR PRODUCE
DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS SHALL RESPOND WITHIN THE
TIME AND IN THE MANNER SPECIFIED BY THE COMMISSIONER. IF NO TIME TO RESPOND IS
SPECIFIED IN THE REQUEST, THEN A RESPONSE SHALL BE SUBMITTED WITHIN 30 DAYS OF
THE COMMISSIONER'S SERVICE OF THE REQUEST. <A]

[A> (C) UPON THE REFUSAL OR ANTICIPATED REFUSAL OF A PROPERTY OWNER, LESSEE,
PROPERTY OWNER'S REPRESENTATIVE, OR LESSEE'S REPRESENTATIVE TO PERMIT THE
COMMISSIONER'S ENTRY ONTO PROPERTY AS PROVIDED IN PARAGRAPH (A), THE
COMMISSIONER MAY APPLY FOR AN ADMINISTRATIVE INSPECTION ORDER IN THE RAMSEY
COUNTY DISTRICT COURT OR, AT THE COMMISSIONER'S DISCRETION, IN THE DISTRICT
COURT IN THE COUNTY IN WHICH THE PROPERTY IS LOCATED. THE COMMISSIONER MAY
ANTICIPATE THAT A PROPERTY OWNER OR LESSEE WILL REFUSE ENTRY IF THE PROPERTY
OWNER, LESSEE, PROPERTY OWNER'S REPRESENTATIVE, OR LESSEE'S REPRESENTATIVE HAS
REFUSED TO PERMIT ENTRY ON A PRIOR OCCASION OR HAS INFORMED THE COMMISSIONER
THAT ENTRY WILL BE REFUSED. UPON SHOWING OF ADMINISTRATIVE PROBABLE CAUSE BY THE
COMMISSIONER, THE DISTRICT COURT SHALL ISSUE AN ADMINISTRATIVE INSPECTION ORDER
THAT COMPELS THE PROPERTY OWNER OR LESSEE TO PERMIT THE COMMISSIONER TO ENTER
THE PROPERTY FOR THE PURPOSES SPECIFIED IN PARAGRAPH (A). <A]

[A> (D) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL
TREAT THE FAILURE OF ANY PERSON TO OBEY A SUBPOENA LAWFULLY ISSUED BY THE
COMMISSIONER UNDER THIS SUBDIVISION AS A CONTEMPT OF COURT. <A]

[A> SUBD. 3. SERVICE. UNLESS OTHERWISE SPECIFIED, SERVICE OF A DOCUMENT ON A
PERSON UNDER THIS SECTION OR SECTION 326B.083 MAY BE BY MAIL, BY PERSONAL
SERVICE, OR IN ACCORDANCE WITH ANY CONSENT TO SERVICE FILED WITH THE
COMMISSIONER. SERVICE BY MAIL SHALL BE ACCOMPLISHED IN THE MANNER PROVIDED IN
MINNESOTA RULES, PART 1400.5550, SUBPART 2. PERSONAL SERVICE SHALL BE
ACCOMPLISHED IN THE MANNER PROVIDED IN MINNESOTA RULES, PART 1400.5550, SUBPART
3. <A]

[A> SUBD. 4. FAX TRANSMISSION. WHEN THIS SECTION OR SECTION 326B.083 PERMITS
A REQUEST FOR RECONSIDERATION OR REQUEST FOR HEARING TO BE SERVED BY FAX ON THE
COMMISSIONER, THE FAX SHALL NOT EXCEED 15 PAGES IN LENGTH. THE REQUEST SHALL BE
CONSIDERED TIMELY SERVED IF THE FAX IS RECEIVED BY THE COMMISSIONER, AT THE FAX
NUMBER IDENTIFIED BY THE COMMISSIONER IN THE ORDER OR NOTICE OF VIOLATION, NO
LATER THAN 4:30 P.M. CENTRAL TIME ON THE LAST DAY PERMITTED FOR FAXING THE
REQUEST. WHERE THE QUALITY OR AUTHENTICITY OF THE FAXED REQUEST IS AT ISSUE, THE
COMMISSIONER MAY REQUIRE THE ORIGINAL REQUEST TO BE FILED. WHERE THE
COMMISSIONER HAS NOT IDENTIFIED QUALITY OR AUTHENTICITY OF THE FAXED REQUEST AS
AN ISSUE AND THE REQUEST HAS BEEN FAXED IN ACCORDANCE WITH THIS SUBDIVISION, THE
PERSON FAXING THE REQUEST DOES NOT NEED TO FILE THE ORIGINAL REQUEST WITH THE
COMMISSIONER. <A]

[A> SUBD. 5. TIME COMPUTATION. IN COMPUTING ANY PERIOD OF TIME PRESCRIBED OR
ALLOWED BY THIS SECTION, THE DAY OF THE ACT, EVENT, OR DEFAULT FROM WHICH THE
DESIGNATED PERIOD OF TIME BEGINS TO RUN SHALL NOT BE INCLUDED. THE LAST DAY OF
THE PERIOD SO COMPUTED SHALL BE INCLUDED, UNLESS IT IS A SATURDAY, SUNDAY, OR
LEGAL HOLIDAY, IN WHICH EVENT THE PERIOD RUNS UNTIL THE NEXT DAY WHICH IS NOT A
SATURDAY, SUNDAY, OR LEGAL HOLIDAY. <A]

[A> SUBD. 6. NOTICES OF VIOLATION. <A]

[A> (A) THE COMMISSIONER MAY ISSUE A NOTICE OF VIOLATION TO ANY PERSON WHO
THE COMMISSIONER DETERMINES HAS COMMITTED A VIOLATION OF THE APPLICABLE LAW. THE
NOTICE OF VIOLATION MUST STATE A SUMMARY OF THE FACTS THAT CONSTITUTE THE
VIOLATION AND THE APPLICABLE LAW VIOLATED. THE NOTICE OF VIOLATION MAY REQUIRE
THE PERSON TO CORRECT THE VIOLATION. IF CORRECTION IS REQUIRED, THE NOTICE OF
VIOLATION MUST STATE THE DEADLINE BY WHICH THE VIOLATION MUST BE CORRECTED. <A]

[A> (B) THE COMMISSIONER SHALL ISSUE THE NOTICE OF VIOLATION BY: <A]

[A> (1) SERVING THE NOTICE OF VIOLATION ON THE PROPERTY OWNER OR ON THE
PERSON WHO COMMITTED THE VIOLATION; OR <A]

[A> (2) POSTING THE NOTICE OF VIOLATION AT THE LOCATION WHERE THE VIOLATION
OCCURRED. <A]

[A> (C) IF THE PERSON TO WHOM THE COMMISSIONER HAS ISSUED THE NOTICE OF
VIOLATION BELIEVES THE NOTICE WAS ISSUED IN ERROR, THEN THE PERSON MAY REQUEST
RECONSIDERATION OF THE PARTS OF THE NOTICE THAT THE PERSON BELIEVES ARE IN
ERROR. THE REQUEST FOR RECONSIDERATION MUST BE IN WRITING AND MUST BE SERVED ON
OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX NUMBER SPECIFIED IN THE
NOTICE OF VIOLATION BY THE TENTH DAY AFTER THE COMMISSIONER ISSUED THE NOTICE OF
VIOLATION. THE DATE ON WHICH A REQUEST FOR RECONSIDERATION IS SERVED BY MAIL
SHALL BE THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR
RECONSIDERATION IS MAILED. IF THE PERSON DOES NOT SERVE OR FAX A WRITTEN REQUEST
FOR RECONSIDERATION OR IF THE PERSON'S WRITTEN REQUEST FOR RECONSIDERATION IS
NOT SERVED ON OR FAXED TO THE COMMISSIONER BY THE TENTH DAY AFTER THE
COMMISSIONER ISSUED THE NOTICE OF VIOLATION, THE NOTICE OF VIOLATION SHALL
BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY
ANY COURT OR AGENCY. THE REQUEST FOR RECONSIDERATION MUST: <A]

[A> (1) SPECIFY WHICH PARTS OF THE NOTICE OF VIOLATION THE PERSON BELIEVES
ARE IN ERROR; <A]

[A> (2) EXPLAIN WHY THE PERSON BELIEVES THE PARTS ARE IN ERROR; AND <A]

[A> (3) PROVIDE DOCUMENTATION TO SUPPORT THE REQUEST FOR RECONSIDERATION. THE
COMMISSIONER SHALL RESPOND IN WRITING TO REQUESTS FOR RECONSIDERATION MADE UNDER
THIS PARAGRAPH WITHIN 15 DAYS AFTER RECEIVING THE REQUEST. A REQUEST FOR
RECONSIDERATION DOES NOT STAY A REQUIREMENT TO CORRECT A VIOLATION AS SET FORTH
IN THE NOTICE OF VIOLATION. AFTER REVIEWING THE REQUEST FOR RECONSIDERATION, THE
COMMISSIONER MAY AFFIRM, MODIFY, OR RESCIND THE NOTICE OF VIOLATION. THE
COMMISSIONER'S RESPONSE TO A REQUEST FOR RECONSIDERATION IS FINAL AND SHALL NOT
BE REVIEWED BY ANY COURT OR AGENCY. <A]

[A> SUBD. 7. ADMINISTRATIVE ORDERS; CORRECTION; ASSESSMENT OF MONETARY
PENALTIES. <A]

[A> (A) THE COMMISSIONER MAY ISSUE AN ADMINISTRATIVE ORDER TO ANY PERSON WHO
THE COMMISSIONER DETERMINES HAS COMMITTED A VIOLATION OF THE APPLICABLE LAW. THE
COMMISSIONER SHALL ISSUE THE ADMINISTRATIVE ORDER BY SERVING THE ADMINISTRATIVE
ORDER ON THE PERSON. THE ADMINISTRATIVE ORDER MAY REQUIRE THE PERSON TO CORRECT
THE VIOLATION, MAY REQUIRE THE PERSON TO CEASE AND DESIST FROM COMMITTING THE
VIOLATION, AND MAY ASSESS MONETARY PENALTIES. THE COMMISSIONER SHALL FOLLOW THE
PROCEDURES IN SECTION 326B.083 WHEN ISSUING ADMINISTRATIVE ORDERS. EXCEPT AS
PROVIDED IN PARAGRAPH (B), THE COMMISSIONER MAY ISSUE TO EACH PERSON A MONETARY
PENALTY OF UP TO $ 10,000 FOR EACH VIOLATION OF APPLICABLE LAW COMMITTED BY THE
PERSON. THE COMMISSIONER MAY ORDER THAT PART OR ALL OF THE MONETARY PENALTY WILL
BE FORGIVEN IF THE PERSON TO WHOM THE ORDER IS ISSUED DEMONSTRATES TO THE
COMMISSIONER BY THE 31ST DAY AFTER THE ORDER IS ISSUED THAT THE PERSON HAS
CORRECTED THE VIOLATION OR HAS DEVELOPED A CORRECTION PLAN ACCEPTABLE TO THE
COMMISSIONER. <A]

[A> (B) THE COMMISSIONER MAY ISSUE AN ADMINISTRATIVE ORDER FOR FAILURE TO
CORRECT A VIOLATION BY THE DEADLINE STATED IN A FINAL ADMINISTRATIVE ORDER
ISSUED UNDER PARAGRAPH (A). EACH DAY AFTER THE DEADLINE DURING WHICH THE
VIOLATION REMAINS UNCORRECTED IS A SEPARATE VIOLATION FOR PURPOSES OF
CALCULATING THE MAXIMUM MONETARY PENALTY AMOUNT. <A]

[A> (C) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL FIND
THE FAILURE OF ANY PERSON TO CORRECT A VIOLATION AS REQUIRED BY A FINAL
ADMINISTRATIVE ORDER ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION AS A
CONTEMPT OF COURT. <A]

[A> SUBD. 8. HEARINGS RELATED TO ADMINISTRATIVE ORDERS. <A]

[A> (A) WITHIN 30 DAYS AFTER THE COMMISSIONER ISSUES AN ADMINISTRATIVE ORDER
OR WITHIN 20 DAYS AFTER THE COMMISSIONER ISSUES THE NOTICE UNDER SECTION
326B.083, SUBDIVISION 3, PARAGRAPH (B), CLAUSE (3), THE PERSON TO WHOM THE
ADMINISTRATIVE ORDER OR NOTICE IS ISSUED MAY REQUEST AN EXPEDITED HEARING TO
REVIEW THE COMMISSIONER'S ORDER OR NOTICE. THE REQUEST FOR HEARING MUST BE IN
WRITING AND MUST BE SERVED ON OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX
NUMBER SPECIFIED IN THE ORDER OR NOTICE. IF THE PERSON DOES NOT REQUEST A
HEARING OR IF THE PERSON'S WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED
TO THE COMMISSIONER BY THE 30TH DAY AFTER THE COMMISSIONER ISSUES THE
ADMINISTRATIVE ORDER OR THE 20TH DAY AFTER THE COMMISSIONER ISSUES THE NOTICE
UNDER SECTION 326B.083, SUBDIVISION 3, PARAGRAPH (B), CLAUSE (3), THE ORDER WILL
BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY
ANY COURT OR AGENCY. THE DATE ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL
SHALL BE THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS
MAILED. THE HEARING REQUEST MUST SPECIFICALLY STATE THE REASONS FOR SEEKING
REVIEW OF THE ORDER OR NOTICE. THE PERSON TO WHOM THE ORDER OR NOTICE IS ISSUED
AND THE COMMISSIONER ARE THE PARTIES TO THE EXPEDITED HEARING. THE COMMISSIONER
MUST NOTIFY THE PERSON TO WHOM THE ORDER OR NOTICE IS ISSUED OF THE TIME AND
PLACE OF THE HEARING AT LEAST 15 DAYS BEFORE THE HEARING. THE EXPEDITED HEARING
MUST BE HELD WITHIN 45 DAYS AFTER A REQUEST FOR HEARING HAS BEEN SERVED ON THE
COMMISSIONER UNLESS THE PARTIES AGREE TO A LATER DATE. <A]

[A> (B) ALL WRITTEN ARGUMENTS MUST BE SUBMITTED WITHIN TEN DAYS FOLLOWING THE
CLOSE OF THE HEARING. THE HEARING SHALL BE CONDUCTED UNDER MINNESOTA RULES,
PARTS 1400.8510 TO 1400.8612, AS MODIFIED BY THIS SUBDIVISION. THE OFFICE OF
ADMINISTRATIVE HEARINGS MAY, IN CONSULTATION WITH THE AGENCY, ADOPT RULES
SPECIFICALLY APPLICABLE TO CASES UNDER THIS SECTION. <A]

[A> (C) THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE A REPORT MAKING FINDINGS OF
FACT, CONCLUSIONS OF LAW, AND A RECOMMENDED ORDER TO THE COMMISSIONER WITHIN 30
DAYS FOLLOWING THE CLOSE OF THE RECORD. <A]

[A> (D) IF THE ADMINISTRATIVE LAW JUDGE MAKES A FINDING THAT THE HEARING WAS
REQUESTED SOLELY FOR PURPOSES OF DELAY OR THAT THE HEARING REQUEST WAS
FRIVOLOUS, THE COMMISSIONER MAY ADD TO THE AMOUNT OF THE PENALTY THE COSTS
CHARGED TO THE DEPARTMENT BY THE OFFICE OF ADMINISTRATIVE HEARINGS FOR THE
HEARING. <A]

[A> (E) IF A HEARING HAS BEEN HELD, THE COMMISSIONER SHALL NOT ISSUE A FINAL
ORDER UNTIL AT LEAST FIVE DAYS AFTER THE DATE OF THE ADMINISTRATIVE LAW JUDGE'S
REPORT. ANY PERSON AGGRIEVED BY THE ADMINISTRATIVE LAW JUDGE'S REPORT MAY,
WITHIN THOSE FIVE DAYS, SERVE WRITTEN COMMENTS TO THE COMMISSIONER ON THE REPORT
AND THE COMMISSIONER SHALL CONSIDER THE COMMENTS. THE COMMISSIONER'S FINAL ORDER
MAY BE APPEALED IN THE MANNER PROVIDED IN SECTIONS 14.63 TO 14.69. <A]

[A> SUBD. 9. INJUNCTIVE RELIEF. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY
LAW, THE COMMISSIONER MAY BRING AN ACTION FOR INJUNCTIVE RELIEF IN THE RAMSEY
COUNTY DISTRICT COURT OR, AT THE COMMISSIONER'S DISCRETION, IN THE DISTRICT
COURT IN THE COUNTY IN WHICH THE COMMISSIONER HAS DETERMINED A VIOLATION OF THE
APPLICABLE LAW HAS OCCURRED OR IS ABOUT TO OCCUR TO ENJOIN THE VIOLATION. A
TEMPORARY RESTRAINING ORDER AND OTHER INJUNCTIVE RELIEF SHALL BE GRANTED BY THE
DISTRICT COURT IF THE COURT DETERMINES THAT A PERSON HAS ENGAGED IN OR IS ABOUT
TO ENGAGE IN AN ACT, CONDUCT, OR PRACTICE CONSTITUTING A VIOLATION OF THE
APPLICABLE LAW. THE COMMISSIONER SHALL NOT BE REQUIRED TO SHOW IRREPARABLE HARM.
<A]

[A> SUBD. 10. STOP ORDERS. <A]

[A> (A) IF THE COMMISSIONER DETERMINES BASED ON AN INSPECTION OR
INVESTIGATION THAT A PERSON HAS VIOLATED OR IS ABOUT TO VIOLATE THE APPLICABLE
LAW, THE COMMISSIONER MAY ISSUE TO THE PERSON A STOP ORDER REQUIRING THE PERSON
TO CEASE AND DESIST FROM COMMITTING THE VIOLATION. <A]

[A> (B) IF THE COMMISSIONER DETERMINES THAT A CONDITION EXISTS ON REAL
PROPERTY THAT VIOLATES THE APPLICABLE LAW, THE COMMISSIONER MAY ISSUE A STOP
ORDER TO THE OWNER OR LESSEE OF THE REAL PROPERTY TO CEASE AND DESIST FROM
COMMITTING THE VIOLATION AND TO CORRECT THE CONDITION THAT IS IN VIOLATION. <A]

[A> (C) THE COMMISSIONER SHALL ISSUE THE STOP WORK ORDER BY: <A]

[A> (1) SERVING THE ORDER ON THE PERSON WHO HAS COMMITTED OR IS ABOUT TO
COMMIT THE VIOLATION; <A]

[A> (2) POSTING THE ORDER AT THE LOCATION WHERE THE VIOLATION WAS COMMITTED
OR IS ABOUT TO BE COMMITTED OR AT THE LOCATION WHERE THE VIOLATING CONDITION
EXISTS; OR <A]

[A> (3) SERVING THE ORDER ON ANY OWNER OR LESSEE OF THE REAL PROPERTY WHERE
THE VIOLATING CONDITION EXISTS. <A]

[A> (D) A STOP ORDER SHALL: <A]

[A> (1) DESCRIBE THE ACT, CONDUCT, OR PRACTICE COMMITTED OR ABOUT TO BE
COMMITTED, OR THE CONDITION, AND INCLUDE A REFERENCE TO THE APPLICABLE LAW THAT
THE ACT, CONDUCT, PRACTICE, OR CONDITION VIOLATES OR WOULD VIOLATE; AND <A]

[A> (2) PROVIDE NOTICE THAT ANY PERSON AGGRIEVED BY THE STOP ORDER MAY
REQUEST A HEARING AS PROVIDED IN PARAGRAPH (E). <A]

[A> (E) WITHIN 30 DAYS AFTER THE COMMISSIONER ISSUES A STOP ORDER, ANY PERSON
AGGRIEVED BY THE ORDER MAY REQUEST AN EXPEDITED HEARING TO REVIEW THE
COMMISSIONER'S ACTION. THE REQUEST FOR HEARING MUST BE MADE IN WRITING AND MUST
BE SERVED ON OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX NUMBER SPECIFIED
IN THE ORDER. IF THE PERSON DOES NOT REQUEST A HEARING OR IF THE PERSON'S
WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED TO THE COMMISSIONER ON OR
BEFORE THE 30TH DAY AFTER THE COMMISSIONER ISSUED THE STOP ORDER, THE ORDER WILL
BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY
ANY COURT OR AGENCY. THE DATE ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL
IS THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS MAILED.
THE HEARING REQUEST MUST SPECIFICALLY STATE THE REASONS FOR SEEKING REVIEW OF
THE ORDER. THE PERSON WHO REQUESTED THE HEARING AND THE COMMISSIONER ARE THE
PARTIES TO THE EXPEDITED HEARING. THE HEARING SHALL BE COMMENCED WITHIN TEN DAYS
AFTER THE COMMISSIONER RECEIVES THE REQUEST FOR HEARING. THE HEARING SHALL BE
CONDUCTED UNDER MINNESOTA RULES, PARTS 1400.8510 TO 1400.8612, AS MODIFIED BY
THIS SUBDIVISION. THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE A REPORT CONTAINING
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND A RECOMMENDED ORDER WITHIN TEN DAYS
AFTER THE CONCLUSION OF THE HEARING. ANY PARTY AGGRIEVED BY THE ADMINISTRATIVE
LAW JUDGE'S REPORT SHALL HAVE FIVE DAYS AFTER THE DATE OF THE ADMINISTRATIVE LAW
JUDGE'S REPORT TO SUBMIT EXCEPTIONS AND ARGUMENT TO THE COMMISSIONER. WITHIN 15
DAYS AFTER RECEIVING THE ADMINISTRATIVE LAW JUDGE'S REPORT, THE COMMISSIONER
SHALL ISSUE AN ORDER VACATING, MODIFYING, OR MAKING PERMANENT THE STOP ORDER.
THE COMMISSIONER AND THE PERSON REQUESTING THE HEARING MAY BY AGREEMENT LENGTHEN
ANY TIME PERIODS DESCRIBED IN THIS PARAGRAPH. THE OFFICE OF ADMINISTRATIVE
HEARINGS MAY, IN CONSULTATION WITH THE AGENCY, ADOPT RULES SPECIFICALLY
APPLICABLE TO CASES UNDER THIS SUBDIVISION. <A]

[A> (F) A STOP ORDER ISSUED UNDER THIS SUBDIVISION SHALL BE IN EFFECT UNTIL
IT IS MODIFIED OR VACATED BY THE COMMISSIONER OR AN APPELLATE COURT. THE
ADMINISTRATIVE HEARING PROVIDED BY THIS SUBDIVISION AND ANY APPELLATE JUDICIAL
REVIEW AS PROVIDED IN CHAPTER 14 SHALL CONSTITUTE THE EXCLUSIVE REMEDY FOR ANY
PERSON AGGRIEVED BY A STOP ORDER. <A]

[A> (G) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL FIND
THE FAILURE OF ANY PERSON TO COMPLY WITH A FINAL STOP ORDER LAWFULLY ISSUED BY
THE COMMISSIONER UNDER THIS SUBDIVISION AS A CONTEMPT OF COURT. <A]

[A> SUBD. 11. LICENSING ORDERS; GROUNDS; REAPPLICATION. <A]

[A> (A) THE COMMISSIONER MAY DENY AN APPLICATION FOR A PERMIT, LICENSE,
REGISTRATION, OR CERTIFICATE IF THE APPLICANT DOES NOT MEET OR FAILS TO MAINTAIN
THE MINIMUM QUALIFICATIONS FOR HOLDING THE PERMIT, LICENSE, REGISTRATION, OR
CERTIFICATE, OR HAS ANY UNRESOLVED VIOLATIONS OR UNPAID FEES OR MONETARY
PENALTIES RELATED TO THE ACTIVITY FOR WHICH THE PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE HAS BEEN APPLIED FOR OR WAS ISSUED. <A]

[A> (B) THE COMMISSIONER MAY DENY, SUSPEND, LIMIT, PLACE CONDITIONS ON, OR
REVOKE A PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, OR CENSURE THE
PERSON HOLDING THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, IF THE
COMMISSIONER FINDS THAT THE PERSON: <A]

[A> (1) COMMITTED ONE OR MORE VIOLATIONS OF THE APPLICABLE LAW; <A]

[A> (2) SUBMITTED FALSE OR MISLEADING INFORMATION TO THE STATE IN CONNECTION
WITH ACTIVITIES FOR WHICH THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE WAS
ISSUED, OR IN CONNECTION WITH THE APPLICATION FOR THE PERMIT, LICENSE,
REGISTRATION, OR CERTIFICATE; <A]

[A> (3) ALLOWED THE ALTERATION OR USE OF THE PERSON'S OWN PERMIT, LICENSE,
REGISTRATION, OR CERTIFICATE BY ANOTHER PERSON; <A]

[A> (4) WITHIN THE PREVIOUS FIVE YEARS, WAS CONVICTED OF A CRIME IN
CONNECTION WITH ACTIVITIES FOR WHICH THE PERMIT, LICENSE, REGISTRATION, OR
CERTIFICATE WAS ISSUED; <A]

[A> (5) VIOLATED A FINAL ADMINISTRATIVE ORDER ISSUED UNDER SUBDIVISION 7 OR A
FINAL STOP ORDER ISSUED UNDER SUBDIVISION 10, OR INJUNCTIVE RELIEF ISSUED UNDER
SUBDIVISION 9; <A]

[A> (6) FAILED TO COOPERATE WITH A COMMISSIONER'S REQUEST TO GIVE TESTIMONY,
TO PRODUCE DOCUMENTS, THINGS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS, OR TO
ACCESS PROPERTY UNDER SUBDIVISION 2; <A]

[A> (7) RETALIATED IN ANY MANNER AGAINST ANY EMPLOYEE OR PERSON WHO IS
QUESTIONED BY, COOPERATES WITH, OR PROVIDES INFORMATION TO THE COMMISSIONER OR
AN EMPLOYEE OR AGENT AUTHORIZED BY THE COMMISSIONER WHO SEEKS ACCESS TO PROPERTY
OR THINGS UNDER SUBDIVISION 2; <A]

[A> (8) ENGAGED IN ANY FRAUDULENT, DECEPTIVE, OR DISHONEST ACT OR PRACTICE;
OR <A]

[A> (9) PERFORMED WORK IN CONNECTION WITH THE PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE OR CONDUCTED THE PERSON'S AFFAIRS IN A MANNER THAT DEMONSTRATES
INCOMPETENCE, UNTRUSTWORTHINESS, OR FINANCIAL IRRESPONSIBILITY. <A]

[A> (C) IF THE COMMISSIONER REVOKES A PERSON'S PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE UNDER PARAGRAPH (B), THE PERSON IS PROHIBITED FROM REAPPLYING FOR
THE SAME TYPE OF PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE FOR AT LEAST TWO
YEARS AFTER THE EFFECTIVE DATE OF THE REVOCATION. THE COMMISSIONER MAY, AS A
CONDITION OF REAPPLICATION, REQUIRE THE PERSON TO OBTAIN A BOND OR COMPLY WITH
ADDITIONAL REASONABLE CONDITIONS THE COMMISSIONER CONSIDERS NECESSARY TO PROTECT
THE PUBLIC. <A]

[A> (D) IF A PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE EXPIRES, OR IS
SURRENDERED, WITHDRAWN, OR TERMINATED, OR OTHERWISE BECOMES INEFFECTIVE, THE
COMMISSIONER MAY INSTITUTE A PROCEEDING UNDER THIS SUBDIVISION WITHIN TWO YEARS
AFTER THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE WAS LAST EFFECTIVE AND
ENTER A REVOCATION OR SUSPENSION ORDER AS OF THE LAST DATE ON WHICH THE PERMIT,
LICENSE, REGISTRATION, OR CERTIFICATE WAS IN EFFECT. <A]

[A> SUBD. 12. ISSUANCE OF LICENSING ORDERS; HEARINGS RELATED TO LICENSING
ORDERS. <A]

[A> (A) IF THE COMMISSIONER DETERMINES THAT A PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE SHOULD BE CONDITIONED, LIMITED, SUSPENDED, REVOKED, OR DENIED
UNDER SUBDIVISION 11, OR THAT THE PERMIT HOLDER, LICENSEE, REGISTRANT, OR
CERTIFICATE HOLDER SHOULD BE CENSURED UNDER SUBDIVISION 11, THEN THE
COMMISSIONER SHALL ISSUE TO THE PERSON AN ORDER DENYING, CONDITIONING, LIMITING,
SUSPENDING, OR REVOKING THE PERSON'S PERMIT, LICENSE, REGISTRATION, OR
CERTIFICATE, OR CENSURING THE PERMIT HOLDER, LICENSEE, REGISTRANT, OR
CERTIFICATE HOLDER. <A]

[A> (B) ANY ORDER ISSUED UNDER PARAGRAPH (A) MAY INCLUDE AN ASSESSMENT OF
MONETARY PENALTIES AND MAY REQUIRE THE PERSON TO CEASE AND DESIST FROM
COMMITTING THE VIOLATION OR COMMITTING THE ACT, CONDUCT, OR PRACTICE SET OUT IN
SUBDIVISION 11, PARAGRAPH (B). THE MONETARY PENALTY MAY BE UP TO $ 10,000 FOR
EACH VIOLATION OR ACT, CONDUCT, OR PRACTICE COMMITTED BY THE PERSON. THE
PROCEDURES IN SECTION 326B.083 MUST BE FOLLOWED WHEN ISSUING ORDERS UNDER
PARAGRAPH (A). <A]

[A> (C) THE PERMIT HOLDER, LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR
APPLICANT TO WHOM THE COMMISSIONER ISSUES AN ORDER UNDER PARAGRAPH (A) SHALL
HAVE 30 DAYS AFTER SERVICE OF THE ORDER TO REQUEST A HEARING. THE REQUEST FOR
HEARING MUST BE IN WRITING AND MUST BE SERVED ON OR FAXED TO THE COMMISSIONER AT
THE ADDRESS OR FAX NUMBER SPECIFIED IN THE ORDER BY THE 30TH DAY AFTER SERVICE
OF THE ORDER. IF THE PERSON DOES NOT REQUEST A HEARING OR IF THE PERSON'S
WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED TO THE COMMISSIONER BY THE
30TH DAY AFTER SERVICE OF THE ORDER, THE ORDER SHALL BECOME A FINAL ORDER OF THE
COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY ANY COURT OR AGENCY. THE DATE
ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL SHALL BE THE POSTMARK DATE ON
THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS MAILED. IF THE PERSON SUBMITS
TO THE COMMISSIONER A TIMELY REQUEST FOR HEARING, A CONTESTED CASE HEARING SHALL
BE HELD IN ACCORDANCE WITH CHAPTER 14. <A]

[A> (D) PARAGRAPH (C) DOES NOT APPLY TO SUMMARY SUSPENSION UNDER SUBDIVISION
13. <A]

[A> SUBD. 13. SUMMARY SUSPENSION. IN ANY CASE WHERE THE COMMISSIONER HAS
ISSUED AN ORDER TO REVOKE OR SUSPEND A LICENSE, REGISTRATION, CERTIFICATE, OR
PERMIT UNDER SUBDIVISION 12, THE COMMISSIONER MAY SUMMARILY SUSPEND THE PERSON'S
PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE BEFORE THE ORDER BECOMES FINAL.
THE COMMISSIONER SHALL ISSUE A SUMMARY SUSPENSION ORDER WHEN THE SAFETY OF LIFE
OR PROPERTY IS THREATENED OR TO PREVENT THE COMMISSION OF FRAUDULENT, DECEPTIVE,
UNTRUSTWORTHY, OR DISHONEST ACTS AGAINST THE PUBLIC. THE SUMMARY SUSPENSION
SHALL NOT AFFECT THE DEADLINE FOR SUBMITTING A REQUEST FOR HEARING UNDER
SUBDIVISION 12. IF THE COMMISSIONER SUMMARILY SUSPENDS A PERSON'S PERMIT,
LICENSE, REGISTRATION, OR CERTIFICATE, A TIMELY REQUEST FOR HEARING SUBMITTED
UNDER SUBDIVISION 12 SHALL ALSO BE CONSIDERED A TIMELY REQUEST FOR HEARING ON
CONTINUATION OF THE SUMMARY SUSPENSION. IF THE COMMISSIONER SUMMARILY SUSPENDS A
PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE UNDER THIS SUBDIVISION
AND THE PERSON SUBMITS A TIMELY REQUEST FOR A HEARING, THEN A HEARING ON
CONTINUATION OF THE SUMMARY SUSPENSION MUST BE HELD WITHIN TEN DAYS AFTER THE
COMMISSIONER RECEIVES THE REQUEST FOR HEARING UNLESS THE PARTIES AGREE TO A
LATER DATE. <A]

[A> SUBD. 14. PLAN FOR ASSESSING PENALTIES. THE COMMISSIONER MAY PREPARE A
PLAN FOR ASSESSING PENALTIES IN ORDERS ISSUED UNDER SUBDIVISION 7 OR 12. THE
COMMISSIONER SHALL PROVIDE A 30-DAY PERIOD FOR PUBLIC COMMENT ON ANY SUCH PLAN.
PENALTIES ASSESSED BY THE COMMISSIONER IN ACCORDANCE WITH THE PLAN SHALL BE
PRESUMED REASONABLE. <A]

[A> SUBD. 15. EFFECT ON OTHER LAWS. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT THE APPLICATION OF OTHER STATE OR FEDERAL LAWS, INCLUDING
SPECIFICALLY BUT NOT EXCLUSIVELY SECTION 270C.72, THAT REQUIRE SUSPENSION OF,
REVOCATION OF, DENIAL OF, OR REFUSAL TO RENEW A PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE ISSUED BY THE COMMISSIONER. <A]

[A> SUBD. 16. MISDEMEANOR PENALTIES. EXCEPT AS OTHERWISE PROVIDED BY LAW, A
PERSON WHO VIOLATES AN APPLICABLE LAW IS GUILTY OF A MISDEMEANOR. <A]

[A> SUBD. 17. REVOCATION AND SUSPENSION OF LICENSE. IF A PERSON FAILS TO PAY
A PENALTY OWED UNDER THIS SECTION OR SECTION 326B.083, THE COMMISSIONER MAY
REVOKE, SUSPEND, OR DENY ANY OR ALL LICENSES, PERMITS, CERTIFICATES, AND
REGISTRATIONS ISSUED BY THE DEPARTMENT. <A]

Sec. 3. [A> (326B.083) AMOUNT OF PENALTY; CONTENTS OF ADMINISTRATIVE AND
LICENSING ORDERS. <A]

[A> SUBDIVISION 1. AMOUNT OF PENALTY; CONSIDERATIONS. IN DETERMINING THE
AMOUNT OF A PENALTY ASSESSED UNDER SECTION 326B.082, SUBDIVISION 7 OR 12, THE
COMMISSIONER SHALL CONSIDER THE FACTORS DESCRIBED IN SECTION 14.045, SUBDIVISION
3. <A]

[A> SUBD. 2. CONTENTS OF ADMINISTRATIVE ORDER AND LICENSING ORDER. <A]

[A> (A) AN ADMINISTRATIVE ORDER AND A LICENSING ORDER MUST INCLUDE: <A]

[A> (1) A SUMMARY OF THE FACTS THAT CONSTITUTE THE VIOLATION OR VIOLATIONS;
<A]

[A> (2) A REFERENCE TO THE APPLICABLE LAW THAT HAS BEEN VIOLATED; AND <A]

[A> (3) A STATEMENT OF THE PERSON'S RIGHT TO REQUEST A HEARING. <A]

[A> (B) AN ADMINISTRATIVE ORDER MAY INCLUDE A REQUIREMENT THAT THE VIOLATION
BE CORRECTED. IF THE ORDER INCLUDES A REQUIREMENT THAT THE VIOLATION BE
CORRECTED, THEN THE ORDER MUST INCLUDE, IN ADDITION TO ANY STATEMENTS REQUIRED
UNDER PARAGRAPHS (A) AND (C), THE DEADLINE BY WHICH THE VIOLATION MUST BE
CORRECTED. <A]

[A> (C) AN ADMINISTRATIVE ORDER OR A LICENSING ORDER MAY ASSESS MONETARY
PENALTIES. IF THE ORDER ASSESSES MONETARY PENALTIES, THEN THE ORDER MUST
INCLUDE, IN ADDITION TO ANY STATEMENTS REQUIRED UNDER PARAGRAPHS (A) AND (B):
<A]

[A> (1) A STATEMENT OF THE AMOUNT OF THE MONETARY PENALTY IMPOSED; <A]

[A> (2) A STATEMENT THAT, WHEN THE ORDER BECOMES FINAL, THE COMMISSIONER MAY
FILE AND ENFORCE THE UNPAID PORTION OF A PENALTY AS A JUDGMENT IN DISTRICT COURT
WITHOUT FURTHER NOTICE OR ADDITIONAL PROCEEDINGS; AND <A]

[A> (3) IF THE ORDER IS AN ADMINISTRATIVE ORDER, A STATEMENT OF THE AMOUNT OF
THE PENALTY, IF ANY, THAT WILL BE FORGIVEN IF THE PERSON WHO IS SUBJECT TO THE
ORDER DEMONSTRATES TO THE COMMISSIONER BY THE 31ST DAY AFTER THE ORDER IS SERVED
THAT THE PERSON HAS CORRECTED THE VIOLATION OR HAS DEVELOPED A CORRECTION PLAN
ACCEPTABLE TO THE COMMISSIONER. <A]

[A> SUBD. 3. PENALTY. <A]

[A> (A) IF AN ADMINISTRATIVE ORDER INCLUDES A PENALTY ASSESSMENT, THEN THE
PENALTY IS DUE AND PAYABLE ON THE DATE THE ADMINISTRATIVE ORDER BECOMES FINAL
UNLESS SOME OR ALL OF THE PENALTY IS FORGIVABLE. IF A LICENSING ORDER INCLUDES A
PENALTY ASSESSMENT, THEN THE PENALTY IS DUE AND PAYABLE ON THE DATE THE
LICENSING ORDER BECOMES FINAL. <A]

[A> (B) THIS PARAGRAPH APPLIES IF AN ADMINISTRATIVE ORDER INCLUDES A PENALTY
ASSESSMENT AND ALL OR A PORTION OF THE PENALTY IS FORGIVABLE. <A]

[A> (1) IF ANY PORTION OF THE PENALTY IS NOT FORGIVABLE, THAT PORTION OF THE
PENALTY IS DUE AND PAYABLE TEN DAYS AFTER THE DATE THE ADMINISTRATIVE ORDER
BECOMES FINAL. <A]

[A> (2) THE COMMISSIONER SHALL FORGIVE THE FORGIVABLE PORTION OF THE PENALTY
IF THE COMMISSIONER DETERMINES THAT THE VIOLATION HAS BEEN CORRECTED WITHIN THE
TIME SET BY THE ORDER OR THE PERSON TO WHOM THE ORDER WAS ISSUED HAS DEVELOPED A
CORRECTION PLAN ACCEPTABLE TO THE COMMISSIONER WITHIN THE TIME SET BY THE ORDER.
<A]

[A> (3) IF THE COMMISSIONER DETERMINES THAT THE PERSON TO WHOM THE ORDER WAS
ISSUED HAS FAILED TO CORRECT THE VIOLATION WITHIN THE TIME SET BY THE ORDER OR
HAS FAILED TO DEVELOP A CORRECTION PLAN ACCEPTABLE TO THE COMMISSIONER WITHIN
THE TIME SET BY THE ORDER, THEN THE FORGIVABLE PORTION OF THE PENALTY IS DUE AND
PAYABLE TEN DAYS AFTER THE COMMISSIONER SERVES NOTICE OF THE DETERMINATION ON
THE PERSON OR ON THE DATE THE ADMINISTRATIVE ORDER BECOMES FINAL, WHICHEVER IS
LATER. <A]

[A> (C) THIS PARAGRAPH APPLIES IF AN ADMINISTRATIVE ORDER OR A LICENSING
ORDER INCLUDES A PENALTY ASSESSMENT AND IF THE PERSON SUBJECT TO THE ORDER HAS
REQUESTED A HEARING. THE ADMINISTRATIVE LAW JUDGE MAY NOT RECOMMEND A CHANGE IN
THE AMOUNT OF THE PENALTY IF THE PENALTY WAS ASSESSED IN ACCORDANCE WITH A PLAN
PREPARED UNDER SECTION 326B.082, SUBDIVISION 14. IF THE COMMISSIONER HAS NOT
PREPARED A PLAN UNDER SECTION 326B.082, SUBDIVISION 14, THEN THE ADMINISTRATIVE
LAW JUDGE MAY NOT RECOMMEND A CHANGE IN THE AMOUNT OF THE PENALTY UNLESS THE
ADMINISTRATIVE LAW JUDGE DETERMINES THAT, BASED ON THE FACTORS IN SECTION
14.045, SUBDIVISION 3, THE AMOUNT OF THE PENALTY IS UNREASONABLE. <A]

[A> (D) THE ASSESSMENT OF A PENALTY DOES NOT PRECLUDE THE USE OF OTHER
ENFORCEMENT PROVISIONS, UNDER WHICH PENALTIES ARE NOT ASSESSED, IN CONNECTION
WITH THE VIOLATION FOR WHICH THE PENALTY WAS ASSESSED. <A]

Sec. 4. [A> (326B.084) FALSE INFORMATION. A PERSON SUBJECT TO ANY OF THE
REQUIREMENTS IN THE APPLICABLE LAW MAY NOT MAKE A FALSE MATERIAL STATEMENT,
REPRESENTATION, OR CERTIFICATION IN; OMIT MATERIAL INFORMATION FROM; OR ALTER,
CONCEAL, OR FAIL TO FILE OR MAINTAIN A NOTICE, APPLICATION, RECORD, REPORT,
PLAN, OR OTHER DOCUMENT REQUIRED UNDER THE APPLICABLE LAW. <A]

Sec. 5. [A> (326B.085) RECOVERY OF LITIGATION COSTS AND EXPENSES. IN ANY
ACTION BROUGHT BY THE COMMISSIONER FOR ENFORCEMENT OF AN ORDER ISSUED UNDER
SECTION 326B.082 FOR INJUNCTIVE RELIEF, OR TO COMPEL PERFORMANCE PURSUANT TO THE
APPLICABLE LAW, IF THE STATE FINALLY PREVAILS, THE STATE, IN ADDITION TO OTHER
PENALTIES PROVIDED BY LAW, MAY BE ALLOWED AN AMOUNT DETERMINED BY THE COURT TO
BE THE REASONABLE VALUE OF ALL OR PART OF THE LITIGATION EXPENSES INCURRED BY
THE STATE. IN DETERMINING THE AMOUNT OF THE LITIGATION EXPENSES TO BE ALLOWED,
THE COURT SHALL GIVE CONSIDERATION TO THE ECONOMIC CIRCUMSTANCES OF THE
DEFENDANT. <A]

Sec. 6. [A> REVISOR'S INSTRUCTION. THE REVISOR OF STATUTES SHALL RENUMBER
MINNESOTA STATUTES, SECTION 299F.011, SUBDIVISION 1, AS MINNESOTA STATUTES,
SECTION 326B.02, SUBDIVISION 5. <A]

ARTICLE 4

BUILDING CODE

Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended
to read:

Subd. 2. Powers and duties, general. Subject to other provisions of this
chapter, the commissioner is authorized to:

(1) supervise, control, review, and approve all state contracts and
purchasing;

(2) provide agencies with supplies and equipment and operate all central
store or supply rooms serving more than one agency;

(3) investigate and study the management and organization of agencies, and
reorganize them when necessary to ensure their effective and efficient
operation;

(4) manage and control state property, real and personal;

(5) maintain and operate all state buildings, as described in section 16B.24,
subdivision 1 ;

(6) supervise, control, review, and approve all capital improvements to state
buildings and the capitol building and grounds;

(7) provide central duplicating, printing, and mail facilities;

(8) oversee publication of official documents and provide for their sale;

(9) manage and operate parking facilities for state employees and a central
motor pool for travel on state business; [A> AND <A]

[D> (10) establish and administer a State Building Code; and <D]

[D> (11) <D] [A> (10) <A] provide rental space within the capitol complex for
a private day care center for children of state employees. The commissioner
shall contract for services as provided in this chapter. The commissioner shall
report back to the legislature by October 1, 1984, with the recommendation to
implement the private day care operation.

Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to
read:

Subd. 4. Code. "Code" means the State Building Code adopted by the
commissioner [A> OF LABOR AND INDUSTRY IN CONSULTATION WITH EACH INDUSTRY BOARD
AND THE CONSTRUCTION CODES ADVISORY COUNCIL <A] in accordance with sections
16B.59 to 16B.75.

Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to
read:

Subd. 7. [D> Physically disabled <D] [A> PERSON WITH A DISABILITY <A] . [D>
"Physically disabled" means having sight disabilities, hearing disabilities,
disabilities of incoordination, disabilities of aging, or other disabilities
that significantly reduce mobility, flexibility, coordination, or
perceptiveness. <D] [A> "PERSON WITH A DISABILITY" OR "PERSONS WITH
DISABILITIES" INCLUDES PEOPLE WHO HAVE A VISION DISABILITY, A HEARING
DISABILITY, A DISABILITY OF COORDINATION, A DISABILITY OF AGING, OR ANY OTHER
DISABILITY THAT SIGNIFICANTLY REDUCES MOBILITY, FLEXIBILITY, COORDINATION, OR
PERCEPTIVENESS. <A]

Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to
read:

Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an
existing public building in whole or in part in order to bring it [D> up to date
in <D] [A> INTO <A] conformity with present uses of the structure and to which
other rules on the upgrading of health and safety provisions are applicable.

Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended
to read:

Subd. 11. State licensed [D> facilities <D] [A> FACILITY <A] . "State
licensed [D> facilities <D] [A> FACILITY <A] " means a building and its grounds
that are licensed by the state as a hospital, nursing home, supervised living
facility, free-standing outpatient surgical center, [D> or <D] correctional
facility [A> , BOARDING CARE HOME, OR RESIDENTIAL HOSPICE <A] .

Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:

16B.61 GENERAL POWERS OF COMMISSIONER [A> OF LABOR AND INDUSTRY <A] .

Subdivision 1. Adoption of code. Subject to sections 16B.59 to 16B.75, the
commissioner shall by rule [A> AND IN CONSULTATION WITH THE CONSTRUCTION CODES
ADVISORY COUNCIL <A] establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of
structural materials, design and construction, fire protection, health,
sanitation, and safety, including design and construction standards regarding
heat loss control, illumination, and climate control. The code must also include
duties and responsibilities for code administration, including procedures for
administrative action, penalties, and suspension and revocation of
certification. The code must conform insofar as practicable to model building
codes generally accepted and in use throughout the United States, including a
code for building conservation. In the preparation of the code, consideration
must be given to the existing statewide specialty codes presently in use in the
state. Model codes with necessary modifications and statewide specialty codes
may be adopted by reference. The code must be based on the application of
scientific principles, approved tests, and professional judgment. To the extent
possible, the code must be adopted in terms of desired results instead of the
means of achieving those results, avoiding wherever possible the incorporation
of specifications of particular methods or materials. To that end the code must
encourage the use of new methods and new materials. Except as otherwise provided
in sections 16B.59 to 16B.75, the commissioner shall administer and enforce the
provisions of those sections. The commissioner shall develop rules addressing
the plan review fee assessed to similar buildings without significant
modifications including provisions for use of building systems as specified in
the industrial/modular program specified in section 16B.75 . Additional plan
review fees associated with similar plans must be based on costs commensurate
with the direct and indirect costs of the service.

Subd. 1a. Administration by commissioner. The commissioner shall administer
and enforce the State Building Code as a municipality with respect to public
buildings and state licensed facilities in the state. The commissioner shall
establish appropriate permit, plan review, [D> and <D] inspection fees [A> , AND
SURCHARGES <A] for public buildings and state licensed facilities. [D> Fees and
surcharges for public buildings and state licensed facilities must be remitted
to the commissioner, who shall deposit them in the state treasury for credit to
the special revenue fund. <D] Municipalities other than the state having an
agreement with the commissioner for code administration and enforcement service
for public buildings and state licensed facilities shall charge their customary
fees, including surcharge, to be paid directly to the jurisdiction by the
applicant seeking authorization to construct a public building or a state
licensed facility. The commissioner shall sign an agreement with a municipality
other than the state for plan review, code administration, and code enforcement
service for public buildings and state licensed facilities in the jurisdiction
if the building officials of the municipality meet the requirements of section
16B.65 and wish to provide those services and if the commissioner determines
that the municipality has enough adequately trained and qualified building
inspectors to provide those services for the construction project. The
commissioner may direct the state building official to assist a community that
has been affected by a natural disaster with building evaluation and other
activities related to building codes. Administration and enforcement in a
municipality under this section must apply any optional provisions of the State
Building Code adopted by the municipality. A municipality adopting any optional
code provision shall notify the state building official within 30 days of its
adoption. The commissioner shall administer and enforce the provisions of the
code relating to elevators statewide, except as provided for under section
16B.747, subdivision 3.

Subd. 2. Enforcement by certain bodies. Under the direction and supervision
of the commissioner, the provisions of the code relating to electrical
installations [D> shall be enforced by the State Board of Electricity, pursuant
to the Minnesota Electrical Act, the provisions relating to <D] [A> , <A]
plumbing [D> shall be enforced by the commissioner of health, the provisions
relating to <D] [A> , BOILERS, <A] high pressure steam piping and appurtenances,
[A> AND <A] ammonia [A> REFRIGERATION <A] piping [D> , and bioprocess piping <D]
shall be enforced by the Department of Labor and Industry. Fees for inspections
conducted by the [D> State Board of Electricity <D] [A> COMMISSIONER <A] shall
be paid in accordance with the rules of the [D> State Board of Electricity <D]
[A> DEPARTMENT <A] . Under direction of the commissioner of public safety, the
state fire marshal shall enforce the State Fire Code as provided in chapter
299F. The commissioner [D> , in consultation with the commissioner of labor and
industry, <D] shall adopt amendments to the mechanical code portion of the State
Building Code to implement standards for process piping.

Subd. 3. Special requirements.

(a) Space for commuter vans. The code must require that any parking ramp or
other parking facility constructed in accordance with the code include an
appropriate number of spaces suitable for the parking of motor vehicles having a
capacity of seven to 16 persons and which are principally used to provide
prearranged commuter transportation of employees to or from their place of
employment or to or from a transit stop authorized by a local transit authority.

(b) Smoke detection devices. The code must require that all dwellings,
lodging houses, apartment houses, and hotels as defined in section 299F.362
comply with the provisions of section 299F.362.

(c) Doors in nursing homes and hospitals. The State Building Code may not
require that each door entering a sleeping or patient's room from a corridor in
a nursing home or hospital with an approved complete standard automatic fire
extinguishing system be constructed or maintained as self-closing or
automatically closing.

(d) Child care facilities in churches; ground level exit. A licensed day care
center serving fewer than 30 preschool age persons and which is located in a
belowground space in a church building is exempt from the State Building Code
requirement for a ground level exit when the center has more than two stairways
to the ground level and its exit.

[D> (e) Child care facilities in churches; vertical access. Until August 1,
1996, an organization providing child care in an existing church building which
is exempt from taxation under section 272.02, subdivision 6 , shall have five
years from the date of initial licensure under chapter 245A to provide interior
vertical access, such as an elevator, to persons with disabilities as required
by the State Building Code. To obtain the extension, the organization providing
child care must secure a $ 2,500 performance bond with the commissioner of human
services to ensure that interior vertical access is achieved by the agreed upon
date. <D]

[D> (f) <D] [A> (E) <A] Family and group family day care. Until the
legislature enacts legislation specifying appropriate standards, the definition
of [D> Group R-3 occupancies in <D] [A> DWELLINGS CONSTRUCTED IN ACCORDANCE WITH
THE INTERNATIONAL RESIDENTIAL CODE AS ADOPTED AS PART OF <A] the State Building
Code applies to family and group family day care homes licensed by the
Department of Human Services under Minnesota Rules, chapter 9502.

[D> (g) <D] [A> (F) <A] Enclosed stairways. No provision of the code or any
appendix chapter of the code may require stairways of existing multiple dwelling
buildings of two stories or less to be enclosed.

[D> (h) <D] [A> (G) <A] Double cylinder dead bolt locks. No provision of the
code or appendix chapter of the code may prohibit double cylinder dead bolt
locks in existing single-family homes, townhouses, and first floor duplexes used
exclusively as a residential dwelling. Any recommendation or promotion of double
cylinder dead bolt locks must include a warning about their potential fire
danger and procedures to minimize the danger.

[D> (i) <D] [A> (H) <A] Relocated residential buildings. A residential
building relocated within or into a political subdivision of the state need not
comply with the State Energy Code or section 326.371 provided that, where
available, an energy audit is conducted on the relocated building.

[D> (j) <D] [A> (I) <A] Automatic garage door opening systems. The code must
require all residential buildings as defined in section 325F.82 to comply with
the provisions of sections 325F.82 and 325F.83.

[D> (k) <D] [A> (J) <A] Exit sign illumination. For a new building on which
construction is begun on or after October 1, 1993, or an existing building on
which remodeling affecting 50 percent or more of the enclosed space is begun on
or after October 1, 1993, the code must prohibit the use of internally
illuminated exit signs whose electrical consumption during nonemergency
operation exceeds 20 watts of resistive power. All other requirements in the
code for exit signs must be complied with.

[D> (l) <D] [A> (K) <A] Exterior wood decks, patios, and balconies. The code
must permit the decking surface and upper portions of exterior wood decks,
patios, and balconies to be constructed of (1) heartwood from species of wood
having natural resistance to decay or termites, including redwood and cedars,
(2) grades of lumber which contain sapwood from species of wood having natural
resistance to decay or termites, including redwood and cedars, or (3) treated
wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be made
available to the building official on request before final construction
approval.

[D> (m) <D] [A> (L) <A] Bioprocess piping and equipment. No permit fee for
bioprocess piping may be imposed by municipalities under the State Building
Code, except as required under section 326.47, subdivision 1. Permits for
bioprocess piping shall be according to section 326.47 administered by the
Department of Labor and Industry. All data regarding the material production
processes, including the bioprocess system's structural design and layout, are
nonpublic data as provided by section 13.7911.

Subd. 3a. Recycling space. The code must require suitable space for the
separation, collection, and temporary storage of recyclable materials within or
adjacent to new or significantly remodeled structures that contain 1,000 square
feet or more. Residential structures with fewer than four dwelling units are
exempt from this subdivision.

Subd. 4. Review of plans for public buildings and state licensed facilities.
Construction or remodeling may not begin on any public building or state
licensed facility until the plans and specifications have been approved by the
commissioner or municipality under contractual agreement pursuant to subdivision
1a. The plans and specifications must be submitted for review, and within 30
days after receipt of the plans and specifications, the commissioner or
municipality under contractual agreement shall notify the submitting authority
of any corrections.

Subd. 5. Accessibility.

(a) Public buildings. The code must provide for making public buildings
constructed or remodeled after July 1, 1963, accessible to and usable by [D>
physically disabled <D] persons [A> WITH DISABILITIES <A] , although this does
not require the remodeling of public buildings solely to provide accessibility
and usability to [D> the physically disabled <D] [A> PERSONS WITH DISABILITIES
<A] when remodeling would not otherwise be undertaken.

(b) Leased space. No agency of the state may lease space for agency
operations in a non-state-owned building unless the building satisfies the
requirements of the State Building Code for accessibility by [D> the physically
disabled <D] [A> PERSONS WITH DISABILITIES <A] , or is eligible to display the
state symbol of accessibility. This limitation applies to leases of 30 days or
more for space of at least 1,000 square feet.

(c) Meetings or conferences. Meetings or conferences for the public or for
state employees which are sponsored in whole or in part by a state agency must
be held in buildings that meet the State Building Code requirements relating to
accessibility for [D> physically disabled <D] persons [A> WITH DISABILITIES <A]
. This subdivision does not apply to any classes, seminars, or training programs
offered by the Minnesota State Colleges and Universities or the University of
Minnesota. Meetings or conferences intended for specific individuals none of
whom need the accessibility features for [D> disabled <D] persons [A> WITH
DISABILITIES <A] specified in the State Building Code need not comply with this
subdivision unless a [D> disabled <D] person [A> WITH A DISABILITY <A] gives
reasonable advance notice of an intent to attend the meeting or conference. When
sign language interpreters will be provided, meetings or conference sites must
be chosen which allow hearing impaired participants to see their signing
clearly.

(d) Exemptions. The commissioner may grant an exemption from the requirements
of paragraphs (b) and (c) in advance if an agency has demonstrated that
reasonable efforts were made to secure facilities which complied with those
requirements and if the selected facilities are the best available for access
for [D> disabled <D] persons [A> WITH DISABILITIES <A] . Exemptions shall be
granted using criteria developed by the commissioner in consultation with the
Council on Disability.

(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating
buildings, facilities, and grounds which are accessible to and usable by [D>
disabled <D] persons [A> WITH DISABILITIES <A] . In the interests of uniformity,
this symbol is the sole symbol for display in or on all public or private
buildings, facilities, and grounds which qualify for its use. The secretary of
state shall obtain the symbol and keep it on file. No building, facility, or
grounds may display the symbol unless it is in compliance with the rules adopted
by the commissioner under subdivision 1. Before any rules are proposed for
adoption under this paragraph, the commissioner shall consult with the Council
on Disability. Rules adopted under this paragraph must be enforced in the same
way as other accessibility rules of the State Building Code.

(f) Municipal enforcement. Municipalities which have not adopted the State
Building Code may enforce the building code requirements for [D> disabled <D]
persons [A> WITH DISABILITIES <A] by either entering into a joint powers
agreement for enforcement with another municipality which has adopted the State
Building Code; or contracting for enforcement with an individual certified under
section 16B.65, subdivision 3, to enforce the State Building Code.

[D> (g) Equipment allowed. The code must allow the use of vertical wheelchair
lifts and inclined stairway wheelchair lifts in public buildings. An inclined
stairway wheelchair lift must be equipped with light or sound signaling device
for use during operation of the lift. The stairway or ramp shall be marked in a
bright color that clearly indicates the outside edge of the lift when in
operation. The code shall not require a guardrail between the lift and the
stairway or ramp. Compliance with this provision by itself does not mean other
disability accessibility requirements have been met. <D]

Subd. 6. Energy efficiency. The code must provide for building new low-income
housing in accordance with energy efficiency standards adopted under subdivision
1. For purposes of this subdivision, low-income housing means residential
housing built for low-income persons and families under a program of a housing
and redevelopment authority, the Minnesota Housing Finance Agency, or another
entity receiving money from the state to construct such housing.

Subd. 7. Access for the hearing-impaired. All rooms in the State Office
Building and in the Capitol that are used by the house of representatives or the
senate for legislative hearings, and the public galleries overlooking the house
and senate chambers, must be fitted with assistive listening devices for the
hearing-impaired. Each hearing room and the public galleries must have a
sufficient number of receivers available so that hearing-impaired members of the
public may participate in the committee hearings and public sessions of the
house and senate.

Subd. 8. Separate metering for electric service. The standards concerning
heat loss, illumination, and climate control adopted pursuant to subdivision 1,
shall require that electrical service to individual dwelling units in buildings
containing two or more units be separately metered, with individual metering
readily accessible to the individual occupants. The standards authorized by this
subdivision shall only apply to buildings constructed after the effective date
of the amended standards. Buildings intended for occupancy primarily by persons
who are 62 years of age or older or disabled, or which contain a majority of
units not equipped with complete kitchen facilities, shall be exempt from the
provisions of this subdivision.

Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended
to read:

Subd. 4. Rules. The commissioner [D> of administration <D] shall adopt rules
to implement this section. The rules may provide for a greater ratio of women's
to men's facilities for certain types of occupancies than is required in
subdivision 3, and may apply the required ratios to categories of occupancies
other than those defined as places of public accommodation under subdivision 1.

Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:

16B.617 ENERGY CODE RULES REMAIN IN EFFECT.

(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules,
chapter 7670, does not expire on April 15, 2000, but remains in effect for
residential buildings not covered by Minnesota Rules, chapter 7676. The
provisions of Minnesota Rules, chapter 7670, that apply to category 1 buildings
govern new, detached single one- and two-family R-3 occupancy residential
buildings. All new, detached single one- and two-family R-3 occupancy buildings
subject to Minnesota Rules, chapter 7670, submitting an application for a
building permit after April 14, 2000, must meet the requirements for category 1
buildings, as set out in Minnesota Rules, chapter 7670.

(b) As an alternative to compliance with paragraph (a), compliance with
Minnesota Rules, chapters 7672 and 7674, is optional for a contractor or owner.

[D> (c) The Department of Administration, Building Codes and Standards
Division (BCSD), shall issue a report to the legislature by December 1, 2001,
addressing the cost benefit, as well as air quality, building durability,
moisture, enforcement, enforceability, and liability regarding implementation of
Minnesota Rules, chapters 7670, 7672, and 7674. The report must include a
feasibility study of establishing new criteria for category 2 detached single
one- and two-family R-3 occupancy buildings that are energy efficient,
enforceable, and provide sufficient nonmechanical ventilation or permeability
for a home to maintain good air quality, building durability, and adequate
release of moisture. <D]

[D> (d) <D] [A> (C) <A] This section expires when the commissioner [D> of
administration <D] adopts a new energy code in accordance with Laws 2002,
chapter 317, section 4.

Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:

16B.6175 ENERGY CODE. Notwithstanding section 16B.617, the commissioner [D>
of administration <D] , in consultation with the Construction Codes Advisory
Council, shall explore and review the availability and appropriateness of any
model energy codes related to the construction of single one- and two-family
residential buildings. In consultation with the council, the commissioner shall
take steps to adopt the chosen code with all necessary and appropriate
amendments. The commissioner may not adopt all or part of a model energy code
relating to the construction of residential buildings without research and
analysis that addresses, at a minimum, air quality, building durability,
moisture, enforcement, enforceability cost benefit, and liability. The research
and analysis must be completed in cooperation with practitioners in residential
construction and building science and an affirmative recommendation by the
Construction Codes Advisory Council.

Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:

16B.63 STATE BUILDING OFFICIAL.

Subdivision 1. Appointment. The commissioner shall appoint a state building
official who under the direction and supervision of the commissioner shall
administer the code.

Subd. 2. Qualifications. To be eligible for appointment as state building
official an individual must be competent in the field of administration and
shall have the experience in building design, construction, and supervision
which the commissioner considers necessary.

Subd. 3. Powers and duties. The state building official may, with the
approval of the commissioner, employ personnel necessary to carry out the
inspector's function under sections 16B.59 to 16B.75. The state building
official shall distribute without charge [D> one copy <D] [A> A PRINTED OR
ELECTRONIC VERSION <A] of the code to each municipality within the state. [D>
Additional copies <D] [A> A PRINTED OR ELECTRONIC VERSION OF THE CODE <A] shall
be made available to municipalities and interested parties for a fee prescribed
by the commissioner. The state building official shall perform other duties in
administering the code assigned by the commissioner.

Subd. 4. Accessibility specialists. The state building official shall, with
the approval of the commissioner, assign three department employees to assist
municipalities in complying with section 16B.61, subdivision 5.

Subd. 5. Interpretative authority. To achieve uniform and consistent
application of the State Building Code, the [D> state building official <D] [A>
COMMISSIONER <A] has final interpretative authority applicable to all codes
adopted as part of the State Building Code except for the Plumbing Code and the
Electrical Code [D> when enforced by the State Board of Electricity <D] . A
final interpretative committee composed of seven members, consisting of three
building officials, two inspectors from the affected field, and two construction
industry representatives, shall review requests for final interpretations
relating to that field [D> . A request <D] [A> FOR WHICH THE COMMISSIONER HAS
FINAL INTERPRETATIVE AUTHORITY. THE PLUMBING BOARD HAS FINAL INTERPRETATIVE
AUTHORITY APPLICABLE TO THE STATE PLUMBING CODE AND SHALL REVIEW REQUESTS FOR
FINAL INTERPRETATION MADE TO THE BOARD THAT RELATE TO THE STATE PLUMBING CODE.
THE BOARD OF ELECTRICITY HAS FINAL INTERPRETATIVE AUTHORITY APPLICABLE TO THE
STATE ELECTRICAL CODE AND SHALL REVIEW REQUESTS FOR FINAL INTERPRETATION MADE TO
THE BOARD THAT RELATE TO THE STATE ELECTRICAL CODE. THE BOARD OF HIGH PRESSURE
PIPING SYSTEMS HAS FINAL INTERPRETATIVE AUTHORITY APPLICABLE TO THE STATE HIGH
PRESSURE PIPING CODE AND SHALL REVIEW REQUESTS FOR FINAL INTERPRETATION MADE TO
THE BOARD THAT RELATE TO THE STATE HIGH PRESSURE PIPING CODE. EXCEPT FOR
REQUESTS FOR FINAL INTERPRETATIONS THAT RELATE TO THE STATE PLUMBING CODE, THE
STATE ELECTRICAL CODE, AND THE STATE HIGH PRESSURE PIPING CODE, REQUESTS <A] for
final interpretation must come from a local or state level building code board
of appeals. The [D> state building official <D] [A> COMMISSIONER <A] must
establish procedures for membership of the [A> FINAL <A] interpretative
committees. The appropriate committee shall review the request and make a
recommendation to the [D> state building official <D] [A> COMMISSIONER <A] for
the final interpretation within 30 days of the request. The [D> state building
official <D] [A> COMMISSIONER <A] must issue [D> an <D] [A> FINAL <A]
interpretation within ten business days [D> from <D] [A> AFTER THE RECEIPT OF
<A] the recommendation from the [D> review <D] [A> FINAL INTERPRETIVE <A]
committee. [D> A <D] [A> THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE
BOARD OF HIGH PRESSURE PIPING SYSTEMS SHALL REVIEW A REQUEST AND ISSUE A FINAL
INTERPRETATION WITHIN 30 DAYS OF THE REQUEST. ANY PERSON AGGRIEVED BY A <A]
final interpretation may [D> be appealed <D] [A> APPEAL THE INTERPRETATION <A]
within 30 days of its issuance [D> to <D] [A> BY <A] the commissioner [D> under
section 16B.67 <D] [A> OR THE BOARD IN ACCORDANCE WITH CHAPTER 14 <A] . The
final interpretation must be published within ten business days of its issuance
and made available to the public. Municipal building officials shall administer
all final interpretations issued by the [D> state building official <D] [A>
COMMISSIONER, THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE BOARD OF HIGH
PRESSURE PIPING SYSTEMS <A] until the final interpretations are considered [A>
BY THE COMMISSIONER, THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE BOARD
OF HIGH PRESSURE PIPING SYSTEMS <A] for adoption as part of the State Building
Code [A> , STATE PLUMBING CODE, STATE ELECTRICAL CODE, AND THE STATE HIGH
PRESSURE PIPING CODE <A] .

Sec. 11. Minnesota Statutes 2006, section 16B.64, is amended by adding a
subdivision to read:

[A> SUBD. 8. EFFECTIVE DATE OF RULES. A RULE TO ADOPT OR AMEND THE STATE'S
BUILDING CODE IS EFFECTIVE 180 DAYS AFTER THE FILING OF THE RULE WITH THE
SECRETARY OF STATE UNDER SECTION 14.16 OR 14.26. THE RULE MAY PROVIDE FOR A
DIFFERENT EFFECTIVE DATE IF THE COMMISSIONER OR BOARD PROPOSING THE RULE FINDS
THAT A DIFFERENT EFFECTIVE DATE IS NECESSARY TO PROTECT PUBLIC HEALTH AND SAFETY
AFTER CONSIDERING, AMONG OTHER THINGS, THE NEED FOR TIME FOR TRAINING OF
INDIVIDUALS TO COMPLY WITH AND ENFORCE THE RULE. <A]

Sec. 12. Minnesota Statutes 2006, section 16B.65, is amended to read:

16B.65 BUILDING OFFICIALS.

Subdivision 1. Designation. [D> By January 1, 2002, <D] Each municipality
shall designate a building official to administer the code. A municipality may
designate no more than one building official responsible for code administration
defined by each certification category established in rule. Two or more
municipalities may combine in the designation of a building official for the
purpose of administering the provisions of the code within their communities. In
those municipalities for which no building officials have been designated, the
state building official may use whichever state employees are necessary to
perform the duties of the building official until the municipality makes a
temporary or permanent designation. All costs incurred by virtue of these
services rendered by state employees must be borne by the involved municipality
and receipts arising from these services must be paid [D> into the state
treasury and credited to the special revenue fund <D] [A> TO THE COMMISSIONER
<A] .

Subd. 2. Qualifications. A building official, to be eligible for designation,
must be certified and have the experience in design, construction, and
supervision which the commissioner deems necessary and must be generally
informed on the quality and strength of building materials, accepted building
construction requirements, and the nature of equipment and needs conducive to
the safety, comfort, and convenience of building occupants. No person may be
designated as a building official for a municipality unless the commissioner
determines that the official is qualified as provided in subdivision 3.

Subd. 3. Certification. The commissioner shall [A> BY RULE ESTABLISH
CERTIFICATION CRITERIA AS PROOF OF QUALIFICATION PURSUANT TO SUBDIVISION 2. THE
COMMISSIONER MAY <A] :

(1) [D> prepare and conduct <D] [A> DEVELOP AND ADMINISTER <A] written and
practical examinations to determine if a person is qualified pursuant to
subdivision 2 to be a building official;

(2) accept documentation of successful completion of testing programs
developed [A> AND ADMINISTERED <A] by nationally recognized testing agencies, as
proof of qualification pursuant to subdivision 2; or

(3) determine qualifications by [D> both clauses (1) and (2) <D] [A>
SATISFACTORY COMPLETION OF CLAUSE (2) AND A MANDATORY TRAINING PROGRAM DEVELOPED
OR APPROVED BY THE COMMISSIONER <A] . Upon a determination of qualification
under clause (1), (2), or [D> both of them <D] [A> (3) <A] , the commissioner
shall issue a certificate to the building official stating that the official is
certified. Each person applying for examination and certification pursuant to
this section shall pay a nonrefundable fee of $ 70. The commissioner or a
designee may establish categories of certification that will recognize the
varying complexities of code enforcement in the municipalities within the state.
The commissioner shall provide educational programs designed to train and assist
building officials in carrying out their responsibilities. [D> The Department of
Employee Relations may, at the request of the commissioner, provide statewide
testing services. <D]

Subd. 4. Duties. Building officials shall, in the municipality for which
they are designated, be responsible for all aspects of code administration for
which they are certified, including the issuance of all building permits and the
inspection of all manufactured home installations. The commissioner may direct a
municipality with a building official to perform services for another
municipality, and in that event the municipality being served shall pay the
municipality rendering the services the reasonable costs of the services. The
costs may be subject to approval by the commissioner.

Subd. 5. Oversight committee.

(a) The commissioner shall establish a Code Administration Oversight
Committee [D> to evaluate, mediate, and <D] [A> THAT WILL, AT THE COMMISSIONER'S
REQUEST, <A] recommend to the commissioner [D> any administrative action,
penalty, suspension, or revocation with respect <D] [A> APPROPRIATE ACTION
PURSUANT TO SECTION 326B.82, IN RESPONSE <A] to [D> complaints filed with or <D]
information received [A> OR OBTAINED <A] by the commissioner [D> alleging or
indicating <D] [A> THAT SUPPORTS A FINDING THAT: <A]

[A> (1) AN INDIVIDUAL HAS ENGAGED IN, OR IS ABOUT TO ENGAGE IN, <A] the
unauthorized performance of [D> official <D] [A> THE <A] duties [A> OF A
CERTIFIED BUILDING OFFICIAL <A] or [A> THE <A] unauthorized use of the [D> title
<D] certified building official [D> , <D] [A> TITLE; <A] or [D> a violation of
<D]

[A> (2) A CERTIFIED BUILDING OFFICIAL HAS VIOLATED A <A] statute, rule, [A>
STIPULATION, AGREEMENT, SETTLEMENT, COMPLIANCE AGREEMENT, CEASE AND DESIST
AGREEMENT, <A] or order that the commissioner has [A> ADOPTED, <A] issued [A> ,
<A] or [D> is empowered <D] [A> HAS THE AUTHORITY <A] to enforce [A> AND THAT IS
RELATED TO THE DUTIES OF A CERTIFIED BUILDING OFFICIAL <A] .

[A> (B) <A] The committee [D> consists <D] [A> SHALL CONSIST <A] of [A> SIX
MEMBERS. ONE MEMBER SHALL BE THE COMMISSIONER'S DESIGNEE AND <A] five [A>
MEMBERS SHALL BE <A] certified building officials [D> , <D] [A> WHO ARE
APPOINTED BY THE COMMISSIONER. <A] At least two of [D> whom <D] [A> THE
APPOINTED CERTIFIED BUILDING OFFICIALS <A] must be from nonmetropolitan
counties. [A> FOR THE <A] committee members [D> must be compensated according to
<D] [A> WHO ARE NOT STATE OFFICIALS OR EMPLOYEES, THEIR COMPENSATION AND REMOVAL
FROM THE OVERSIGHT COMMITTEE IS GOVERNED BY <A] section 15.059 [D> , subdivision
3 <D] . The commissioner's designee shall [D> act as an ex-officio member of the
oversight committee <D] [A> SERVE AS THE CHAIR OF THE OVERSIGHT COMMITTEE AND
SHALL NOT VOTE <A] . [A> THE TERMS OF THE APPOINTED MEMBERS OF THE OVERSIGHT
COMMITTEE SHALL BE FOUR YEARS. THE TERMS OF THREE OF THE APPOINTED MEMBERS SHALL
BE COTERMINOUS WITH THE GOVERNOR AND THE TERMS OF THE REMAINING TWO APPOINTED
MEMBERS SHALL END ON THE FIRST MONDAY IN JANUARY ONE YEAR AFTER THE TERMS OF THE
OTHER APPOINTED MEMBERS EXPIRE. AN APPOINTED MEMBER MAY BE REAPPOINTED. THE
COMMITTEE IS NOT SUBJECT TO THE EXPIRATION PROVISIONS OF SECTION 15.059,
SUBDIVISION 5. <A]

[D> (b) <D] [A> (C) <A] If the commissioner [D> has a reasonable basis to
believe <D] [A> DETERMINES <A] that [D> a person <D] [A> AN INDIVIDUAL <A] has
engaged in [D> an act or practice constituting <D] the unauthorized performance
of [D> official <D] [A> THE <A] duties [D> , <D] [A> OF A CERTIFIED BUILDING
OFFICIAL OR <A] the unauthorized use of the [D> title <D] certified building
official [A> TITLE <A] , or [A> THAT <A] a [D> violation of <D] [A> CERTIFIED
BUILDING OFFICIAL HAS VIOLATED <A] a statute, rule, [A> STIPULATION, AGREEMENT,
SETTLEMENT, COMPLIANCE AGREEMENT, CEASE AND DESIST AGREEMENT, <A] or order that
the commissioner has [A> ADOPTED, <A] issued [A> , <A] or is [D> empowered <D]
[A> AUTHORIZED <A] to enforce [A> THAT IS RELATED TO THE DUTIES OF A CERTIFIED
BUILDING OFFICIAL <A] , the commissioner may [D> proceed with <D] [A> TAKE <A]
administrative actions [D> or penalties as described in subdivision 5a or
suspension or revocation as described in subdivision 5b. <D] [A> AGAINST THE
INDIVIDUAL PURSUANT TO SECTION 326B.082, SUBDIVISIONS 7 AND 11. <A]

[D> Subd. 5a. Administrative action and penalties. The commissioner shall,
by rule, establish a graduated schedule of administrative actions for violations
of sections 16B.59 to 16B.75 and rules adopted under those sections. The
schedule must be based on and reflect the culpability, frequency, and severity
of the violator's actions. The commissioner may impose a penalty from the
schedule on a certification holder for a violation of sections 16B.59 to 16B.75
and rules adopted under those sections. The penalty is in addition to any
criminal penalty imposed for the same violation. Administrative monetary
penalties imposed by the commissioner must be paid to the special revenue fund.
<D]

Subd. 5b. [D> Suspension; revocation. <D] [A> GROUNDS. <A] [D> Except as
otherwise provided for by law, the commissioner may, upon notice and hearing,
revoke or suspend or refuse to issue or reissue a building official
certification if the applicant, building official, or certification holder: <D]
[A> IN ADDITION TO THE GROUNDS SET FORTH IN SECTION 326B.082, SUBDIVISION 11,
THE COMMISSIONER MAY DENY, SUSPEND, LIMIT, PLACE CONDITIONS ON, OR REVOKE A
CERTIFICATE, OR MAY CENSURE AN APPLICANT OR INDIVIDUAL HOLDING A CERTIFICATE, IF
THE APPLICANT OR INDIVIDUAL: <A]

(1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under
those sections; [A> OR <A]

(2) engages in fraud, deceit, or misrepresentation while performing the
duties of a certified building official [D> ; <D] [A> . <A]

[D> (3) makes a false statement in an application submitted to the
commissioner or in a document required to be submitted to the commissioner; or
<D]

[D> (4) violates an order of the commissioner. Notice must be provided and
the hearing conducted in accordance with the provisions of chapter 14 governing
contested case proceedings. <D]

Nothing in this subdivision limits or otherwise affects the authority of a
municipality to dismiss or suspend a building official at its discretion, except
as otherwise provided for by law.

[A> SUBD. 5C. ACTION AGAINST UNLICENSED PERSONS. THE COMMISSIONER MAY TAKE
ANY ADMINISTRATIVE ACTION PROVIDED UNDER SECTION 326B.082, AGAINST AN INDIVIDUAL
REQUIRED TO BE CERTIFIED UNDER SUBDIVISION 3, BASED UPON CONDUCT THAT WOULD
PROVIDE GROUNDS FOR ACTION AGAINST A CERTIFICATE HOLDER UNDER THIS SECTION. <A]

Subd. 6. Vacancies. In the event that a designated building official position
is vacant within a municipality, that municipality shall designate a certified
building official to fill the vacancy as soon as possible. The commissioner must
be notified of any vacancy or designation in writing within 15 days. If the
municipality fails to designate a certified building official within 15 days of
the occurrence of the vacancy, the state building official may provide state
employees to serve that function as provided in subdivision 1 until the
municipality makes a temporary or permanent designation. Municipalities must not
issue permits without a designated certified building official.

Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the
commissioner may by rule establish or approve continuing education programs for
[D> municipal <D] [A> CERTIFIED <A] building officials dealing with matters of
building code administration, inspection, and enforcement. Each person certified
as a building official for the state must satisfactorily complete applicable
educational programs established or approved by the commissioner [D> every three
calendar years <D] to retain certification. [D> Each person certified as a
building official must submit in writing to the commissioner an application for
renewal of certification within 60 days of the last day of the third calendar
year following the last certificate issued. Each application for renewal must be
accompanied by proof of satisfactory completion of minimum continuing education
requirements and the certification renewal fee established by the commissioner.
<D]

[A> SUBD. 8. RENEWAL. <A]

[A> (A) SUBJECT TO SECTIONS 16B.59 TO 16B.76, THE COMMISSIONER OF LABOR AND
INDUSTRY MAY BY RULE ADOPT STANDARDS DEALING WITH RENEWAL REQUIREMENTS. <A]

[A> (B) IF THE COMMISSIONER HAS NOT ISSUED A NOTICE OF DENIAL OF APPLICATION
FOR A CERTIFICATE HOLDER AND IF THE CERTIFICATE HOLDER HAS PROPERLY AND TIMELY
FILED A FULLY COMPLETED RENEWAL APPLICATION, THEN THE CERTIFICATE HOLDER MAY
CONTINUE TO ENGAGE IN BUILDING OFFICIAL ACTIVITIES WHETHER OR NOT THE RENEWED
CERTIFICATE HAS BEEN RECEIVED. APPLICATIONS MUST BE MADE ON A FORM APPROVED BY
THE COMMISSIONER. EACH APPLICATION FOR RENEWAL MUST BE FULLY COMPLETED, AND BE
ACCOMPANIED BY PROOF OF THE SATISFACTORY COMPLETION OF MINIMUM CONTINUING
EDUCATION REQUIREMENTS AND THE CERTIFICATION RENEWAL FEE ESTABLISHED BY THE
COMMISSIONER. APPLICATIONS ARE TIMELY IF RECEIVED PRIOR TO THE EXPIRATION OF THE
MOST RECENTLY ISSUED CERTIFICATE. AN APPLICATION FOR RENEWAL THAT DOES NOT
CONTAIN ALL OF THE INFORMATION REQUESTED IS AN INCOMPLETE APPLICATION AND WILL
NOT BE ACCEPTED. <A]

[A> SUBD. 9. EXPIRATION. ALL CERTIFICATES EXPIRE AT 11:59:59 P.M. CENTRAL
TIME ON THE DATE OF EXPIRATION IF NOT PROPERLY RENEWED IN ACCORDANCE WITH
SUBDIVISION 8, PARAGRAPH (B). <A]

[A> SUBD. 10. FAILURE TO RENEW. AN INDIVIDUAL WHO HAS FAILED TO MAKE A TIMELY
APPLICATION FOR RENEWAL OF A CERTIFICATE IS NOT CERTIFIED AND MUST NOT SERVE AS
THE DESIGNATED BUILDING OFFICIAL FOR ANY MUNICIPALITY UNTIL A RENEWED
CERTIFICATE HAS BEEN ISSUED BY THE COMMISSIONER. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 13. Minnesota Statutes 2006, section 16B.70, is amended to read:

16B.70 SURCHARGE.

Subdivision 1. Computation. To defray the costs of administering sections
16B.59 to 16B.76, a surcharge is imposed on all permits issued by municipalities
in connection with the construction of or addition or alteration to buildings
and equipment or appurtenances after June 30, 1971. The commissioner may use any
surplus in surcharge receipts to award grants for code research and development
and education. If the fee for the permit issued is fixed in amount the surcharge
is equivalent to one-half mill (.0005) of the fee or 50 cents, whichever amount
is greater. For all other permits, the surcharge is as follows:

(1) if the valuation of the structure, addition, or alteration is $ 1,000,000
or less, the surcharge is equivalent to one-half mill (.0005) of the valuation
of the structure, addition, or alteration;

(2) if the valuation is greater than $ 1,000,000, the surcharge is $ 500 plus
two-fifths mill (.0004) of the value between $ 1,000,000 and $ 2,000,000;

(3) if the valuation is greater than $ 2,000,000, the surcharge is $ 900 plus
three-tenths mill (.0003) of the value between $ 2,000,000 and $ 3,000,000;

(4) if the valuation is greater than $ 3,000,000, the surcharge is $ 1,200
plus one-fifth mill (.0002) of the value between $ 3,000,000 and $ 4,000,000;

(5) if the valuation is greater than $ 4,000,000, the surcharge is $ 1,400
plus one-tenth mill (.0001) of the value between $ 4,000,000 and $ 5,000,000;
and

(6) if the valuation exceeds $ 5,000,000, the surcharge is $ 1,500 plus
one-twentieth mill (.00005) of the value that exceeds $ 5,000,000.

Subd. 2. Collection and reports. All permit surcharges must be collected by
each municipality and a portion of them remitted to the state. Each municipality
having a population greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on fees collected
during the previous month but shall retain the greater of two percent or that
amount collected up to $ 25 to apply against the administrative expenses the
municipality incurs in collecting the surcharges. All other municipalities shall
submit the report and surcharges on fees once a quarter but shall retain the
greater of four percent or that amount collected up to $ 25 to apply against the
administrative expenses the municipalities incur in collecting the surcharges.
The report, which must be in a form prescribed by the commissioner, must be
submitted together with a remittance covering the surcharges collected by the
15th day following the month or quarter in which the surcharges are collected.
[D> All money collected by the commissioner through surcharges and other fees
prescribed by sections 16B.59 to 16B.75 shall be deposited in the state
government special revenue fund and is appropriated to the commissioner for the
purpose of administering and enforcing the State Building Code under sections
16B.59 to 16B.75 . <D]

Subd. 3. Revenue to equal costs. Revenue received from the surcharge imposed
in subdivision 1 should approximately equal the cost, including the overhead
cost, of administering sections 16B.59 to 16B.75. By November 30 each year, the
commissioner must report to the commissioner of finance and to the legislature
on changes in the surcharge imposed in subdivision 1 needed to comply with this
policy. In making this report, the commissioner must assume that the services
associated with administering sections 16B.59 to 16B.75 will continue to be
provided at the same level provided during the fiscal year in which the report
is made.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 14. Minnesota Statutes 2006, section 16B.72, is amended to read:

16B.72 REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN COUNTIES.
Notwithstanding any other provision of law to the contrary, a county that is
not a metropolitan county as defined by section 473.121, subdivision 4, may
provide, by a vote of the majority of its electors residing outside of
municipalities that have adopted the State Building Code before January 1,
1977, that no part of the State Building Code except the building
requirements for [D> disabled <D] persons [A> WITH DISABILITIES <A] , the
requirements for bleacher safety, and the requirements for elevator safety
applies within its jurisdiction. The county board may submit to the voters at
a regular or special election the question of adopting the building code. The
county board shall submit the question to the voters if it receives a
petition for the question signed by a number of voters equal to at least five
percent of those voting in the last general election. The question on the
ballot must be stated substantially as follows: "Shall the State Building
Code be adopted in .... County?" If the majority of the votes cast on the
proposition is in the negative, the State Building Code does not apply in the
subject county, outside home rule charter or statutory cities or towns that
adopted the building code before January 1, 1977, except the building
requirements for [D> disabled <D] persons [A> WITH DISABILITIES <A] , the
requirements for bleacher safety, and the requirements for elevator safety do
apply. Nothing in this section precludes a municipality or town that has not
adopted the State Building Code from adopting and enforcing by ordinance or
other legal means the State Building Code within its jurisdiction.

Sec. 15. Minnesota Statutes 2006, section 16B.73, is amended to read:

16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; LOCAL OPTION. The
governing body of a municipality whose population is less than 2,500 may provide
that the State Building Code, except the requirements for [D> disabled <D]
persons [A> WITH DISABILITIES <A] , the requirements for bleacher safety, and
the requirements for elevator safety, will not apply within the jurisdiction of
the municipality, if the municipality is located in whole or in part within a
county exempted from its application under section 16B.72 . If more than one
municipality has jurisdiction over an area, the State Building Code continues to
apply unless all municipalities having jurisdiction over the area have provided
that the State Building Code, except the requirements for [D> disabled <D]
persons [A> WITH DISABILITIES <A] , the requirements for bleacher safety, and
the requirements for elevator safety, does not apply within their respective
jurisdictions. Nothing in this section precludes a municipality or town from
adopting and enforcing by ordinance or other legal means the State Building Code
within its jurisdiction.

Sec. 16. Minnesota Statutes 2006, section 16B.735, is amended to read:

16B.735 ENFORCEMENT OF REQUIREMENTS FOR [D> DISABLED <D] PERSONS [A> WITH
DISABILITIES <A] . A statutory or home rule charter city that is not covered by
the State Building Code because of action taken under section 16B.72 or 16B.73
is responsible for enforcement in the city of the State Building Code's
requirements for [D> disabled <D] persons [A> WITH DISABILITIES <A] . In all
other areas where the State Building Code does not apply because of action taken
under section 16B.72 or 16B.73, the county is responsible for enforcement of
those requirements.

Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended
to read:

Subdivision 1. Applicability. [D> As used in <D] [A> FOR THE PURPOSES OF <A]
sections [A> 16B.61, 16B.72, 16B.73, AND <A] 16B.74 to [D> 16B.746 <D] [A>
16B.748 <A] the terms [D> "passenger or freight elevator," "automatic operation"
and "continuous pressure operation" <D] [A> DEFINED IN THIS SECTION <A] shall
have the [D> following <D] meanings [A> GIVEN THEM <A] .

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 18. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended
to read:

Subd. 2. Passenger or freight elevator. "Passenger or freight elevator" means
all elevators except those that comply with the safety rules of the department
[D> of Administration <D] relating to construction and installation and that
have automatic operation or continuous pressure operation.

Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a
subdivision to read:

[A> SUBD. 7. ELEVATOR INSPECTION. "ELEVATOR INSPECTION" MEANS AN EXAMINATION
OF ELEVATOR INSTALLATIONS, REPAIRS, ALTERATIONS, REMOVAL, AND CONSTRUCTION FOR
COMPLIANCE WITH THE STATE BUILDING CODE THAT MAY INCLUDE WITNESSING TESTS
PERFORMED ON ELEVATORS BY ELEVATOR PERSONNEL, PERFORMING TESTS ON ELEVATORS, OR
AN AUDIT OF RECORDS RELATED TO ROUTINE AND PERIODIC MAINTENANCE AND TESTING, OR
ANY COMBINATION THEREOF WHEN PERFORMED BY THE DEPARTMENT OR A MUNICIPALITY
AUTHORIZED TO PERFORM SUCH INSPECTIONS. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 20. Minnesota Statutes 2006, section 16B.74, is amended by adding a
subdivision to read:

[A> SUBD. 8. ELEVATOR INSPECTOR. "ELEVATOR INSPECTOR" MEANS AN INDIVIDUAL WHO
MEETS THE REQUIREMENTS ESTABLISHED PURSUANT TO SECTION 16B.748, CLAUSE (1), WHO
IS PERFORMING ELEVATOR INSPECTIONS FOR THE DEPARTMENT OR A MUNICIPALITY
AUTHORIZED TO PERFORM SUCH INSPECTIONS. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 21. Minnesota Statutes 2006, section 16B.741, is amended to read:

16B.741 ELEVATOR [D> AVAILABLE FOR <D] INSPECTION [A> AND REPORTING <A] . [A>
SUBDIVISION 1. ELEVATOR AVAILABLE FOR INSPECTION. <A] A person [D> , firm,
entity, or corporation <D] that owns or controls a building or other structure
housing an elevator that is subject to inspection by the department, shall, upon
request, provide access at a reasonable hour to the elevator for purposes of
inspection.

[A> SUBD. 2. PERSONS REQUIRED TO REPORT. THE FOLLOWING PERSONS SHALL REPORT
THE INFORMATION SPECIFIED IN SUBDIVISION 3 TO THE COMMISSIONER BY JANUARY 1,
2008: <A]

[A> (A) ANY PERSON THAT, BETWEEN AUGUST 1, 2005, AND JULY 31, 2007, HAS
PROVIDED SERVICE, ALTERATION, REPAIR, OR MAINTENANCE TO ANY ELEVATOR LOCATED IN
MINNESOTA; <A]

[A> (B) ANY PERSON THAT, BETWEEN AUGUST 1, 2005, AND JULY 31, 2007, HAS
ENTERED INTO AN AGREEMENT TO PROVIDE SERVICE, ALTERATION, REPAIR, OR MAINTENANCE
TO ANY ELEVATOR LOCATED IN MINNESOTA; <A]

[A> (C) ANY PERSON THAT OWNS OR CONTROLS AN ELEVATOR LOCATED IN MINNESOTA
THAT, BETWEEN AUGUST 1, 2005, AND JULY 31, 2007, HAS NOT RECEIVED SERVICE,
ALTERATION, REPAIR, OR MAINTENANCE ON THE ELEVATOR; OR (D) ANY PERSON THAT OWNS
OR CONTROLS AN ELEVATOR LOCATED IN MINNESOTA THAT, BETWEEN AUGUST 1, 2005, AND
JULY 31, 2007, HAS NOT ENTERED INTO AN AGREEMENT TO RECEIVE SERVICE, ALTERATION,
REPAIR, OR MAINTENANCE ON THE ELEVATOR. <A]

[A> SUBD. 3. ELEVATOR LOCATION, TYPE, AND INSTALLATION DATE. ON A FORM
PRESCRIBED BY THE COMMISSIONER, THE PERSONS REQUIRED TO REPORT PURSUANT TO
SUBDIVISION 2 SHALL PROVIDE THE FOLLOWING: <A]

[A> (A) THE LOCATION OF EACH ELEVATOR; <A]

[A> (B) THE TYPE OF EACH ELEVATOR; AND <A]

[A> (C) THE DATE THE ELEVATOR WAS INSTALLED. <A]

[A> SUBD. 4. DEFINITION. AS USED IN THIS SECTION, "ELEVATOR" IS AS DEFINED IN
SECTION 16B.74, SUBDIVISION 5. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 22. Minnesota Statutes 2006, section 16B.744, is amended to read:

16B.744 ELEVATORS, ENTRANCES SEALED. It shall be the duty of the department
[D> of Administration <D] and the licensing authority of any municipality which
adopts any such ordinance whenever it finds any such elevator under its
jurisdiction in use in violation of any provision of sections 16B.74 to 16B.745
to seal the entrances of such elevator and attach a notice forbidding the use of
such elevator until the provisions thereof are complied with.

Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended
to read:

Subdivision 1. Removal of seal. No person, firm, or corporation may remove
any seal or notice forbidding the use of an elevator, except by authority of the
department [D> of Administration <D] or the licensing authority having
jurisdiction over the elevator, or operate an elevator after a notice has been
attached forbidding its use, unless the notice has been removed by authority of
the department [D> of Administration <D] or the licensing authority having
jurisdiction over the elevator.

Sec. 24. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended
to read:

Subd. 4. Penalties. The commissioner [D> of administration <D] shall
administer sections 16B.74 to 16B.749. In addition to the remedies provided for
violations of this chapter, the commissioner may impose a penalty of up to [D> $
1,000 <D] [A> $ 10,000 <A] for a violation of any provision of sections 16B.74
to 16B.749.

Sec. 25. Minnesota Statutes 2006, section 16B.747, is amended to read:

16B.747 FEES FOR LICENSURE AND [D> INSPECTION <D] [A> PERMIT <A] .

Subdivision 1. Permits. No person [D> , firm, or corporation <D] may
construct, install, alter, or remove an elevator without first filing an
application for a permit with the department [D> of Administration <D] or a
municipality authorized by subdivision 3 to inspect elevators. [D> Upon
successfully completing inspection and the payment of the appropriate fee, the
owner must be granted an operating permit for the elevator. <D] [A> SUBD. 1A.
ANNUAL OPERATING PERMIT. NO PERSON MAY OPERATE AN ELEVATOR WITHOUT FIRST
OBTAINING AN ANNUAL OPERATING PERMIT FROM THE DEPARTMENT OR A MUNICIPALITY
AUTHORIZED BY SUBDIVISION 3 TO ISSUE ANNUAL OPERATING PERMITS. A $ 100 ANNUAL
OPERATING PERMIT FEE MUST BE PAID TO THE DEPARTMENT FOR EACH ANNUAL OPERATING
PERMIT ISSUED BY THE DEPARTMENT, EXCEPT THAT THE ORIGINAL ANNUAL OPERATING
PERMIT MUST BE INCLUDED IN THE PERMIT FEE FOR THE INITIAL INSTALLATION OF THE
ELEVATOR. ANNUAL OPERATING PERMITS MUST BE ISSUED AT 12-MONTH INTERVALS FROM THE
DATE OF THE INITIAL ANNUAL OPERATING PERMIT. FOR EACH SUBSEQUENT YEAR, AN OWNER
MUST BE GRANTED AN ANNUAL OPERATING PERMIT FOR THE ELEVATOR UPON THE OWNER'S OR
OWNER'S AGENT'S SUBMISSION OF A FORM PRESCRIBED BY THE COMMISSIONER AND PAYMENT
OF THE $ 100 FEE. EACH FORM MUST INCLUDE THE LOCATION OF THE ELEVATOR, THE
RESULTS OF ANY PERIODIC TEST REQUIRED BY THE CODE, AND ANY OTHER CRITERIA
ESTABLISHED BY RULE. AN ANNUAL OPERATING PERMIT MAY BE REVOKED BY THE
COMMISSIONER UPON AN AUDIT OF THE PERIODIC TESTING RESULTS SUBMITTED WITH THE
APPLICATION OR A FAILURE TO COMPLY WITH ELEVATOR CODE REQUIREMENTS, INSPECTIONS,
OR ANY OTHER LAW RELATED TO ELEVATORS. <A]

Subd. 2. Contractor licenses. The commissioner may establish criteria for
the qualifications of elevator contractors and issue licenses based upon proof
of the applicant's qualifications.

Subd. 3. Permissive municipal regulation. A municipality may conduct a system
of elevator inspection in conformity with this chapter, State Building Code
requirements, and adopted rules that includes the inspection of elevator
installation, repair, alteration, and removal, construction, [D> and the <D]
routine and periodic inspection and testing of existing elevators [A> , AND THE
ISSUANCE OF ANNUAL OPERATING PERMITS <A] . The municipality shall employ
inspectors meeting the minimum requirements established by Minnesota Rules to
perform the inspections and to witness the tests. A municipality may establish
and retain its own fees for inspection of elevators and related devices in its
jurisdiction. [A> A MUNICIPALITY MAY ESTABLISH AND RETAIN ITS OWN FEES FOR
ISSUANCE OF ANNUAL OPERATING PERMITS FOR ELEVATORS IN ITS JURISDICTION. <A] A
municipality may not adopt standards that do not conform to the uniform
standards prescribed by the department. If the commissioner determines that a
municipality is not properly administering and enforcing the law, rules, and
codes, the commissioner shall have the inspection, administration, and
enforcement undertaken by a qualified inspector employed by the department.

[D> Subd. 4. Deposit of fees. Fees received under this section must be
deposited in the state treasury and credited to the special revenue fund. <D]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 26. Minnesota Statutes 2006, section 16B.748, is amended to read:

16B.748 RULES. The commissioner may adopt rules for the following purposes:

(1) to establish minimum qualifications for elevator inspectors that must
include possession of a current elevator constructor electrician's license
issued by the [D> State Board of Electricity <D] [A> DEPARTMENT <A] and proof of
successful completion of the national elevator industry education program
examination or equivalent experience;

[A> (2) TO ESTABLISH MINIMUM QUALIFICATIONS FOR LIMITED ELEVATOR INSPECTORS;
<A]

[D> (2) <D] [A> (3) <A] to establish criteria for the qualifications of
elevator contractors;

[D> (3) <D] [A> (4) <A] to establish elevator standards under sections
16B.61, subdivisions 1 and 2 , and 16B.64;

[D> (4) <D] [A> (5) <A] to establish procedures for appeals of decisions of
the commissioner under chapter 14 and procedures allowing the commissioner,
before issuing a decision, to seek advice from the elevator trade, building
owners or managers, and others knowledgeable in the installation, construction,
and repair of elevators; and

[D> (5) <D] [A> (6) <A] to establish requirements for the registration of all
elevators.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 27. Minnesota Statutes 2006, section 16B.76, is amended to read:

16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.

Subdivision 1. Membership.

(a) The Construction Codes Advisory Council consists of the following
members:

(1) the commissioner [D> of administration <D] or the commissioner's designee
representing the department's [D> Building Codes and Standards <D] [A>
CONSTRUCTION CODES AND LICENSING <A] Division;

[D> (2) the commissioner of health or the commissioner's designee
representing an Environmental Health Section of the department; <D]

[D> (3) <D] [A> (2) <A] the commissioner of public safety or the [D>
commissioner's <D] [A> COMMISSIONER OF PUBLIC SAFETY'S <A] designee representing
the [D> department's <D] [A> DEPARTMENT OF PUBLIC SAFETY'S <A] State Fire
Marshal Division;

[D> (4) the commissioner of commerce or the commissioner's designee
representing the department's State Energy Office; and <D]

[D> (5) <D] [A> (3) <A] one member [D> representing <D] [A> , APPOINTED BY
THE COMMISSIONER, ENGAGED IN <A] each of the following occupations [D> or
entities, appointed by the commissioner of administration <D] [A> OR INDUSTRIES
<A] :

(i) [D> a <D] certified building [D> official <D] [A> OFFICIALS <A] ;

(ii) [D> a <D] fire [D> service representative <D] [A> CHIEFS OR FIRE
MARSHALS <A] ;

(iii) [D> a <D] licensed [D> architect <D] [A> ARCHITECTS <A] ;

(iv) [D> a <D] licensed [D> engineer <D] [A> PROFESSIONAL ENGINEERS <A] ;

(v) [D> a building owners and managers representative <D] [A> COMMERCIAL
BUILDING OWNERS AND MANAGERS <A] ;

(vi) [D> a <D] [A> THE <A] licensed residential building [D> contractor <D]
[A> INDUSTRY <A] ;

(vii) [D> a <D] [A> THE <A] commercial building [D> contractor <D] [A>
INDUSTRY <A] ;

(viii) [D> a <D] [A> THE <A] heating and ventilation [D> contractor <D] [A>
INDUSTRY <A] ;

(ix) a [A> MEMBER OF THE <A] Plumbing [D> contractor <D] [A> BOARD <A] ;

(x) a [D> representative of a construction and building trades union; and <D]
[A> MEMBER OF THE BOARD OF ELECTRICITY; <A]

[D> (xi) a local unit of government representative. <D]

[A> (XI) A MEMBER OF THE BOARD OF HIGH PRESSURE PIPING SYSTEMS; <A]

[A> (XII) THE BOILER INDUSTRY; <A]

[A> (XIII) THE MANUFACTURED HOUSING INDUSTRY; <A]

[A> (XIV) PUBLIC UTILITY SUPPLIERS; <A]

[A> (XV) THE MINNESOTA BUILDING AND CONSTRUCTION TRADES COUNCIL; AND <A]

[A> (XVI) LOCAL UNITS OF GOVERNMENT. <A]

(b) [A> THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE REPRESENTING THE
DEPARTMENT'S CONSTRUCTION CODES AND LICENSING DIVISION SHALL SERVE AS CHAIR OF
THE ADVISORY COUNCIL. <A] For members who are not state officials or employees,
[D> terms <D] , compensation [D> , <D] [A> AND <A] removal [D> , and the filling
of vacancies <D] [A> OF MEMBERS OF THE ADVISORY COUNCIL <A] are governed by
section 15.059 . [D> The council shall select one of its members to serve as
chair. <D] [A> THE TERMS OF THE MEMBERS OF THE ADVISORY COUNCIL SHALL BE FOUR
YEARS. THE TERMS OF EIGHT OF THE APPOINTED MEMBERS SHALL BE COTERMINOUS WITH
THE GOVERNOR AND THE TERMS OF THE REMAINING NINE APPOINTED MEMBERS SHALL END ON
THE FIRST MONDAY IN JANUARY ONE YEAR AFTER THE TERMS OF THE OTHER APPOINTED
MEMBERS EXPIRE. AN APPOINTED MEMBER MAY BE REAPPOINTED. EACH COUNCIL MEMBER
SHALL APPOINT AN ALTERNATE TO SERVE IN THEIR ABSENCE. THE COMMITTEE IS NOT
SUBJECT TO THE EXPIRATION PROVISION OF SECTION 15.059, SUBDIVISION 5. <A]

[D> (c) The council expires June 30, 2003. <D] Subd. 2. Duties of council.
The council shall review laws, codes, rules, standards, and licensing
requirements relating to building construction and may:

(1) recommend ways to eliminate inconsistencies, to streamline construction
regulation and construction [D> processes <D] [A> PROCEDURES <A] , and to
improve procedures within and among jurisdictions;

(2) review and comment on current and proposed laws and rules to promote
coordination and consistency;

(3) advise agencies on possible changes in rules to make them easier to
understand and apply; and

(4) promote the coordination, within each jurisdiction, of the administration
and enforcement of construction codes. [A> THE COUNCIL SHALL MEET A MINIMUM OF
FOUR TIMES EACH YEAR. <A] The council shall report its findings and
recommendations to the commissioner [D> of administration and the head of any
other affected agency by the end of each calendar year <D] . The council [D> may
<D] [A> SHALL <A] recommend changes in laws or rules governing building
construction. The council [D> may <D] [A> SHALL <A] establish subcommittees to
facilitate its work. If the council establishes subcommittees, it shall include
in their memberships representation from entities and organizations expressing
an interest in membership. The commissioner [D> of administration <D] shall
maintain a list of interested entities and organizations.

Subd. 3. Agency cooperation. State agencies and local governmental units
shall cooperate with the council and, so far as possible, provide information or
assistance to it upon its request. The commissioner [D> of administration <D]
shall provide necessary staff and administrative support to the council.

Sec. 28. Minnesota Statutes 2006, section 326.992, is amended to read:

326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.

(a) A person contracting to do gas, heating, ventilation, cooling, air
conditioning, fuel burning, or refrigeration work must give bond to the state in
the amount of $ 25,000 for all work entered into within the state. The bond must
be for the benefit of persons suffering financial loss by reason of the
contractor's failure to comply with the requirements of the State Mechanical
Code. A bond given to the state must be filed with the commissioner [D> of
administration <D] and is in lieu of all other bonds to any political
subdivision required for work covered by this section. The bond must be written
by a corporate surety licensed to do business in the state.

(b) The commissioner [D> of administration <D] may charge each person giving
bond under this section an annual bond filing fee of $ 15. [D> The money must be
deposited in a special revenue fund and is appropriated to the commissioner to
cover the cost of administering the bond program. <D]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended
to read:

Subd. 2. Authorized representative. "Authorized representative" means any
person, firm or corporation, or employee thereof, approved or hired by the
commissioner [A> OF LABOR AND INDUSTRY <A] to perform inspection services.

Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended
to read:

Subd. 3. Manufactured Home Building Code. "Manufactured Home Building Code"
means, for manufactured homes manufactured after July 1, 1972, and prior to June
15, 1976, the standards code promulgated by the American National Standards
Institute and identified as ANSI A119.1, including all revisions thereof in
effect on May 21, 1971, or the provisions of the National Fire Protection
Association and identified as NFPA 501B, and further revisions adopted by the
commissioner [A> OF LABOR AND INDUSTRY <A] . "Manufactured Home Building Code"
means, for manufactured homes constructed after June 14, 1976, the manufactured
home construction and safety standards promulgated by the United States
Department of Housing and Urban Development which are in effect at the time of
the manufactured home's manufacture.

Sec. 31. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended
to read:

Subd. 4. Commissioner. "Commissioner" means the commissioner of [D>
administration <D] [A> LABOR AND INDUSTRY <A] .

Sec. 32. Minnesota Statutes 2006, section 327.31, is amended by adding a
subdivision to read:

[A> SUBD. 6A. INDIVIDUAL. "INDIVIDUAL" MEANS A HUMAN BEING. <A]

Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended
to read:

Subd. 7. Person. "Person" means [D> a person, partnership, corporation or
other legal entity <D] [A> ANY INDIVIDUAL, LIMITED LIABILITY COMPANY,
CORPORATION, PARTNERSHIP, INCORPORATED OR UNINCORPORATED ASSOCIATION, SOLE
PROPRIETORSHIP, JOINT STOCK COMPANY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY <A]
.

Sec. 34. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended
to read:

Subd. 15. Purchaser. "Purchaser" means the first [D> person <D] [A>
INDIVIDUAL <A] purchasing a manufactured home in good faith for purposes other
than resale.

Sec. 35. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended
to read:

Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer
shall establish and maintain records, make reports, and provide information as
the commissioner or the secretary may reasonably require to be able to determine
whether the manufacturer, distributor, or dealer has acted or is acting in
compliance with sections 327.31 to 327.35, and shall, upon request of a person
duly designated by the commissioner or the secretary, permit that person to
inspect appropriate books, papers, records, and documents relevant to
determining whether that manufacturer, distributor, or dealer has acted or is
acting in compliance with sections 327.31 to 327.35, and the National
Manufactured Home Construction and Safety Standards Act of 1974, United States
Code, title 42, section 5401, et seq., as amended [A> BY THE NATIONAL
MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT, TITLE VI,
MANUFACTURED HOUSING IMPROVEMENT ACT OF 2000 <A] , or other applicable federal
or state law.

Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended
to read:

Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for
seals, installation seals and inspections which are sufficient to cover all
costs incurred in the administration of sections 327.31 to 327.35. The
commissioner shall also establish by rule a monitoring inspection fee in an
amount that will comply with the secretary's fee distribution program. This
monitoring inspection fee shall be an amount paid by the manufacturer for each
manufactured home produced in Minnesota. The monitoring inspection fee shall be
paid by the manufacturer to the secretary. The rules of the fee distribution
program require the secretary to distribute the fees collected from all
manufactured home manufacturers among states approved and conditionally approved
based on the number of new manufactured homes whose first location after leaving
the manufacturer is on the premises of a distributor, dealer or purchaser in
that state. [D> All money collected by the commissioner through fees prescribed
by sections 327.31 to 327.36 shall be deposited in the state government special
revenue fund and is appropriated to the commissioner for the purpose of
administering and enforcing the Manufactured Home Building Code under sections
327.31 to 327.36 . <D]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended
to read:

Subd. 6. Authorization as agency. The commissioner shall apply to the
secretary for approval of the commissioner as the administrative agency for the
regulation of manufactured homes under the rules of the secretary. The
commissioner may make rules for the administration and enforcement of department
responsibilities as a state administrative agency including, but not limited to,
rules for the handling of citizen's complaints. All money received for services
provided by the commissioner or the department's authorized agents as a state
administrative agency shall be deposited in the [D> general <D] [A> CONSTRUCTION
CODE <A] fund. The commissioner is charged with the adoption, administration,
and enforcement of the Manufactured Home Construction and Safety Standards,
consistent with rules and regulations promulgated by the United States
Department of Housing and Urban Development. The commissioner may adopt the