Subdivision 1. Required permit. No person shall construct or install high pressure piping systems without first filing an application for a permit with the department or a municipality that has complied with subdivision 2.
Subd. 2. Permissive municipal regulation. The commissioner may enter into an agreement with a municipality, in which the municipality agrees to perform inspections and issue permits for the construction and installation of high pressure piping systems within the municipality's geographical area of jurisdiction, if:
(a) The municipality has adopted:
(1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to 5230.5920;
(2) an ordinance that authorizes the municipality to issue permits to persons holding a high pressure piping contractor license issued by the department and only for construction or installation that would, if performed properly, fully comply with all Minnesota Statutes and Minnesota Rules;
(3) an ordinance that authorizes the municipality to perform the inspections that are required under Minnesota Statutes or Minnesota Rules governing the construction and installation of high pressure piping systems; and
(4) an ordinance that authorizes the municipality to enforce the code for power piping systems in its entirety.
(b) The municipality agrees to issue permits only to persons holding a high pressure piping contractor license as required by law at the time of the permit issuance, and only for construction or installation that would, if performed properly, comply with all Minnesota Statutes and Minnesota Rules governing the construction or installation of high pressure piping systems.
(c) The municipality agrees to issue permits only on forms approved by the department.
(d) The municipality agrees that, for each permit issued by the municipality, the municipality shall perform one or more inspections of the construction or installation to determine whether the construction or installation complies with all Minnesota Statutes and Minnesota Rules governing the construction or installation of high pressure piping systems, and shall prepare a written report of each inspection.
(e) The municipality agrees to notify the commissioner within 24 hours after the municipality discovers any violation of the licensing laws related to high pressure piping.
(f) The municipality agrees to notify the commissioner immediately if the municipality discovers that any entity has failed to meet a deadline set by the municipality for correction of a violation of the high pressure piping laws.
(g) The commissioner determines that the individuals who will conduct the inspections for the municipality do not have any conflict of interest in conducting the inspections.
(h) Individuals who will conduct the inspections for the municipality are permanent employees of the municipality and are licensed master high pressure pipefitters or licensed journeyworker high pressure pipefitters.
(i) The municipality agrees to notify the commissioner within ten days of any changes in the names or qualifications of the individuals who conduct the inspections for the municipality.
(j) The municipality agrees to enforce in its entirety the code for power piping systems on all projects.
(k) The municipality shall not approve any piping installation unless the installation conforms to all applicable provisions of the high pressure piping laws in effect at the time of the installation.
(l) The municipality agrees to promptly require compliance or revoke a permit that it has issued if there is noncompliance with any of the applicable provisions of the high pressure piping laws in connection with the work covered by the permit. The municipality agrees to revoke the permit if any laws regulating the licensing of pipefitters have been violated.
(m) The municipality agrees to keep official records of all documents received, including permit applications, and of all permits issued, reports of inspections, and notices issued in connection with inspections.
(n) The municipality agrees to maintain the records described in paragraph (m) in the official records of the municipality for the period required for the retention of public records under section 138.17, and shall make these records readily available for review according to section 13.37.
(o) Not later than the tenth day of each month, the municipality shall submit to the commissioner a report of all high pressure piping permits issued by the municipality during the preceding month. This report shall be in a format approved by the commissioner and shall include:
(1) the name of the contractor;
(2) the license number of the contractor's license issued by the commissioner;
(3) the permit number;
(4) the address of the job;
(5) the date the permit was issued;
(6) a brief description of the work; and
(7) the amount of the inspection fee.
(p) Not later than the 31st day of January of each year, the municipality shall submit a summary report to the commissioner identifying the status of each high pressure piping project for which the municipality issued a permit during the preceding year, and the status of high pressure piping projects for which the municipality issued a permit during a prior year where no final inspection had occurred by the first day of the preceding year. This summary report shall include:
(1) the permit number;
(2) the date of any final inspection; and
(3) identification of any violation of high pressure piping laws related to work covered by the permit.
(q) The municipality and the commissioner agree that if at any time during the agreement the municipality does not have in effect the code for high pressure piping systems or any of the ordinances described in paragraph (a), or if the commissioner determines that the municipality is not properly administering and enforcing the code for high pressure piping or is otherwise not complying with the agreement:
(1) the commissioner may, effective 14 days after the municipality's receipt of written notice, terminate the agreement and have the administration and enforcement of the high pressure piping code in the involved municipality undertaken by the department;
(2) the municipality may challenge the termination in a contested case before the commissioner pursuant to the Administrative Procedure Act; and
(3) while any challenge under clause (2) is pending, the commissioner may exercise oversight of the municipality to the extent needed to ensure that high pressure piping inspections are performed and permits are issued in accordance with the high pressure piping laws.
(r) The municipality and the commissioner agree that the municipality may terminate the agreement with or without cause on 90 days' written notice to the commissioner.
(s) The municipality and the commissioner agree that no municipality shall revoke, suspend, or place restrictions on any high pressure piping license issued by the commissioner. If the municipality identifies during an inspection any violation that may warrant revocation, suspension, or placement of restrictions on a high pressure piping license issued by the commissioner, the municipality shall promptly notify the commissioner of the violation and the commissioner shall determine whether revocation, suspension, or placement of restrictions on any high pressure piping license issued by the commissioner is appropriate.
Subd. 3. Filing and inspection fees. (a) The department must charge a filing fee and an inspection fee for all applications for permits to construct or install high pressure piping systems. The filing fee shall be $100. The inspection fee shall be calculated as follows:
(1) When an application for a permit is filed prior to the start of construction or installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus 0.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of construction or installation.
(2) Except as provided in paragraph (b), when an application for permit is filed after the start of construction or installation, the inspection fee shall be the greater of: $1,100; or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011 of the amount over $3,000,000 of the cost of construction or installation.
(b) The commissioner shall consider any extenuating circumstances that caused an application for permit to be filed after the start of construction or installation. If warranted by such extenuating circumstances, the commissioner may calculate the inspection fee as if the application for permit had been filed prior to the start of construction or installation.
(c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality in accordance with an agreement under subdivision 2.
(5887-30b, 5887-30c) 1937 c 367 s 3,4; Ex1967 c 1 s 6; 1973 c 123 art 5 s 7; 1984 c 481 s 3; 1987 c 132 s 2; 1989 c 335 art 4 s 106; 1996 c 305 art 3 s 32; 2007 c 135 art 4 s 2; 2007 c 140 art 10 s 7,11; art 13 s 4; 2008 c 337 s 25,65; 2016 c 158 art 1 s 175; 2017 c 68 art 1 s 15,26; 1Sp2017 c 7 s 8
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.