Subdivision 1. Applicability. The definitions in this section apply to sections 326B.802 to 326B.885.
Subd. 2. Affiliate. An "affiliate" of another person means any person directly or indirectly controlling, controlled by, or under common control with the other person.
Subd. 3. Gross annual receipts. "Gross annual receipts" means the total amount derived from residential contracting or remodeling activities, regardless of where the activities are performed, and must not be reduced by cost of goods sold, expenses, losses, or any other amount.
Subd. 4. Lessee. "Lessee" means one who rents or leases residential real estate pursuant to a written lease agreement of at least one year's duration.
Subd. 5. Licensee. "Licensee" means a residential building contractor, residential remodeler, manufactured home installer, or residential roofer licensed under sections 326B.802 to 326B.885.
Subd. 6. Manufactured home. "Manufactured home" has the meaning given it in section 327.31, subdivision 6.
Subd. 7. Manufactured home installer. "Manufactured home installer" has the meaning given it in section 327.31, subdivision 11.
Subd. 8. Mechanical contractor. "Mechanical contractor" means a person, sole proprietor, partnership, joint venture, corporation, or other organization which is in the business of erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilating, cooling, process piping, plumbing, fire protection, or refrigeration systems, incinerators, or other miscellaneous heat-producing appliance, piping, or equipment or appliances associated with those systems.
Subd. 9. Owner. "Owner," when used in connection with real property, means a person who has any legal or equitable interest in the real property.
Subd. 10. Qualifying person. "Qualifying person" means the individual who fulfills the examination and education requirements for licensure on behalf of the licensee.
Subd. 11. Residential building contractor. "Residential building contractor" means a person in the business of building residential real estate, or of contracting or offering to contract with an owner to build residential real estate, by providing two or more special skills as defined in this section. A residential building contractor may also contract or offer to contract with an owner to improve existing residential real estate.
Subd. 12. Residential remodeler. "Residential remodeler" means a person in the business of contracting or offering to contract with an owner to improve existing residential real estate by providing two or more special skills as defined in this section.
Subd. 13. Residential real estate. "Residential real estate" means a new or existing building constructed for habitation by one to four families, and includes detached garages.
Subd. 14. Residential roofer. "Residential roofer" means a person in the business of contracting, or offering to contract with an owner, to complete work on residential real estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of roof systems, but not construction of new roof systems.
Subd. 15. Special skill. "Special skill" means one of the following eight categories:
(a) Excavation. Excavation includes work in any of the following areas:
(1) excavation;
(2) trenching;
(3) grading; and
(4) site grading.
(b) Masonry and concrete. Masonry and concrete includes work in any of the following areas:
(1) drain systems;
(2) poured walls;
(3) slabs and poured-in-place footings;
(4) masonry walls;
(5) masonry fireplaces;
(6) masonry veneer; and
(7) water resistance and waterproofing.
(c) Carpentry. Carpentry includes work in any of the following areas:
(1) rough framing;
(2) finish carpentry;
(3) doors, windows, and skylights;
(4) porches and decks, excluding footings;
(5) wood foundations; and
(6) drywall installation, excluding taping and finishing.
(d) Interior finishing. Interior finishing includes work in any of the following areas:
(1) floor covering;
(2) wood floors;
(3) cabinet and counter top installation;
(4) insulation and vapor barriers;
(5) interior or exterior painting;
(6) ceramic, marble, and quarry tile;
(7) ornamental guardrail and installation of prefabricated stairs; and
(8) wallpapering.
(e) Exterior finishing. Exterior finishing includes work in any of the following areas:
(1) siding;
(2) soffit, fascia, and trim;
(3) exterior plaster and stucco;
(4) painting; and
(5) rain carrying systems, including gutters and down spouts.
(f) Drywall and plaster. Drywall and plaster includes work in any of the following areas:
(1) installation;
(2) taping;
(3) finishing;
(4) interior plaster;
(5) painting; and
(6) wallpapering.
(g) Residential roofing. Residential roofing includes work in any of the following areas:
(1) roof coverings;
(2) roof sheathing;
(3) roof weatherproofing and insulation; and
(4) repair of roof support system, but not construction of new roof support system.
(h) General installation specialties. Installation includes work in any of the following areas:
(1) garage doors and openers;
(2) pools, spas, and hot tubs;
(3) fireplaces and wood stoves;
(4) asphalt paving and seal coating; and
(5) ornamental guardrail and prefabricated stairs.
Subd. 16. Specialty contractor. "Specialty contractor" means a person in the business of contracting or offering to contract to build or improve residential real estate by providing only one special skill as defined in this section.
Subd. 17. Garage. "Garage" means a structure attached to or in reasonable proximity to a dwelling, which is used or intended to be used primarily for the protection or storage of automobiles or other personal vehicles owned or driven by the occupants of the dwelling.
1991 c 306 s 7; 1993 c 9 s 1-3; 1993 c 145 s 2-4; 1993 c 245 s 2-13; 1993 c 366 s 18; 1995 c 169 s 1,2; 1997 c 222 s 45,46; 1999 c 137 s 6; 2007 c 140 art 8 s 2-7,30; art 13 s 4
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 326B — Construction Codes And Licensing
Section 326B.01 — Definitions.
Section 326B.04 — Deposit Of Money.
Section 326B.07 — Construction Codes Advisory Council.
Section 326B.075 — Commissioner Not Subject To Subpoena.
Section 326B.081 — Definitions.
Section 326B.082 — Enforcement.
Section 326B.083 — Amount Of Penalty; Contents Of Administrative And Licensing Orders.
Section 326B.084 — False Information; Unlicensed Advertising.
Section 326B.085 — Recovery Of Litigation Costs And Expenses.
Section 326B.091 — Definitions.
Section 326B.0921 — Bond Requirements.
Section 326B.093 — Licenses Requiring Examination Administered By Commissioner.
Section 326B.094 — Renewal Of Licenses.
Section 326B.095 — Incomplete License Applications.
Section 326B.096 — Reinstatement Of Licenses.
Section 326B.097 — Prohibition Of Transfer.
Section 326B.098 — Continuing Education.
Section 326B.0981 — Continuing Education; Nondepartment Seminars.
Section 326B.099 — Continuing Education; Courses.
Section 326B.101 — Policy And Purpose.
Section 326B.103 — Definitions.
Section 326B.106 — General Powers Of Commissioner Of Labor And Industry.
Section 326B.107 — Public Buildings And State-licensed Facilities.
Section 326B.108 — Places Of Public Accommodation Subject To Code.
Section 326B.109 — Restroom Facilities.
Section 326B.112 — Bleacher Safety.
Section 326B.118 — Energy Code.
Section 326B.121 — State Building Code; Application And Enforcement.
Section 326B.124 — Exemptions.
Section 326B.125 — Exemption For Members Of Federally Recognized Tribes.
Section 326B.127 — State Building Official.
Section 326B.13 — Application Of Administrative Procedure Act.
Section 326B.133 — Building Officials.
Section 326B.135 — Construction Code Inspectors.
Section 326B.136 — Certain Inspections.
Section 326B.142 — Certain Certificates.
Section 326B.145 — Annual Report.
Section 326B.151 — Permit Fees, To Whom Applicable.
Section 326B.153 — Building Permit Fees.
Section 326B.16 — Enforcement Of Requirements For Persons With Disabilities.
Section 326B.163 — Definitions; Elevators.
Section 326B.166 — Elevator Inspection And Reporting.
Section 326B.172 — Licensing Authorities.
Section 326B.175 — Elevators, Entrances Sealed.
Section 326B.178 — Violations, Penalties.
Section 326B.184 — Fees For Licensure And Permit.
Section 326B.191 — Conflict Of Laws.
Section 326B.194 — Interstate Compact On Industrialized/modular Buildings.
Section 326B.197 — Bond Required For Certain Contractors.
Section 326B.31 — Definitions.
Section 326B.32 — Board Of Electricity.
Section 326B.34 — Alarm And Communication Systems.
Section 326B.35 — Safety Standards.
Section 326B.37 — Inspection Fee Schedule.
Section 326B.38 — Manufactured Electrical Parts; Exemption.
Section 326B.42 — Definitions.
Section 326B.43 — Plumbing Standards; Rules; Agreement With Municipality; Exemption.
Section 326B.435 — Plumbing Board.
Section 326B.437 — Reduced Pressure Backflow Prevention Rebuilders And Testers.
Section 326B.438 — Medical Gas Systems.
Section 326B.439 — Ban On Lead In Plumbing.
Section 326B.44 — Local Regulations.
Section 326B.45 — Violations To Be Reported To Commissioner.
Section 326B.46 — Licensing, Bond And Insurance.
Section 326B.47 — Unlicensed Individuals.
Section 326B.475 — Restricted Plumber License.
Section 326B.48 — Reciprocity With Other States.
Section 326B.49 — Applications, Fees.
Section 326B.50 — Definitions.
Section 326B.52 — Water Conditioning Contractor And Installer Standards.
Section 326B.53 — Local Regulations.
Section 326B.54 — Violations To Be Reported To Commissioner.
Section 326B.55 — Licensing; Qualifications; Rules.
Section 326B.555 — Registered Unlicensed Individuals.
Section 326B.56 — Bonding And Insurance.
Section 326B.58 — Fees; Renewal.
Section 326B.59 — State License; Examination; Application; Exemption.
Section 326B.701 — Construction Contractor Registration.
Section 326B.802 — Definitions.
Section 326B.805 — Licensing Requirements.
Section 326B.809 — Written Contract Required.
Section 326B.81 — Residential Roofers.
Section 326B.811 — Residential Roofing Contract; Right To Cancel.
Section 326B.814 — Rehabilitation Of Criminal Offenders.
Section 326B.821 — Continuing Education; Hours.
Section 326B.825 — Loss Of Qualifying Person.
Section 326B.83 — Application And Examination.
Section 326B.835 — Local Licenses.
Section 326B.84 — Grounds For Sanctions.
Section 326B.85 — Building Permit Conditioned On Licensure; Notice Of Permit Application.
Section 326B.855 — Service Of Process.
Section 326B.86 — Bond; Insurance.
Section 326B.865 — Sign Contractor; Bond.
Section 326B.87 — License Number; Advertising.
Section 326B.875 — Disclosures.
Section 326B.88 — Public Education.
Section 326B.885 — License Renewal.
Section 326B.89 — Contractor Recovery Fund.
Section 326B.90 — Department To Supervise High Pressure Piping.
Section 326B.91 — Definitions.
Section 326B.92 — Application, Permit, Filing, And Inspection Fees.
Section 326B.921 — Licensing And Registration.
Section 326B.922 — License Application And Renewal.
Section 326B.925 — Board Of High Pressure Piping Systems.
Section 326B.94 — Boats; Masters.
Section 326B.95 — Definitions.
Section 326B.953 — Inspection Personnel.
Section 326B.954 — Boiler Inspector License.
Section 326B.956 — Historical Boilers.
Section 326B.958 — Inspection And Registration.
Section 326B.961 — Triennial Audits And Team Leader Certifications.
Section 326B.964 — Standards Of Inspection.
Section 326B.966 — Inspection Procedures And Standards Of Repairs.
Section 326B.97 — Inspection Of Boilers And Pressure Vessels.
Section 326B.972 — License Requirement.
Section 326B.974 — School Engineer.
Section 326B.978 — Examinations; Classifications; Qualifications.
Section 326B.98 — Verification Of Certificate.
Section 326B.986 — Fees For Inspection.
Section 326B.988 — Exceptions.
Section 326B.99 — Report Of Insurer; Exemption From Inspection.
Section 326B.992 — Violations By Inspectors.
Section 326B.994 — Violations In Construction; Repair; Sale.