2006.09.18 EDA Packet - Laserfiche WebLink

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State considering construction code and licensing proposals Laura Harris During the last few months,the state Department of 2) The municipality agrees to review plumbing plans/ Labor and Industry (DLI) has convened government and specifications for all construction and to perform all industry stakeholders to discuss legislative changes that are inspections required by the plumbing code. needed to complete the merger of the state's construction 3) Individuals who will conduct inspections and plan/ code and licensing activities into a single state agency— specification reviews for the municipality do not have the Construction Codes and Licensing Division(CCLD). a conflict of interest. This new division,which was authorized by a reorganiza- 4) Individuals who will conduct plan/specification tion order issued by the governor in April 2005,regulates reviews for the municipality are licensed master building codes and standards,boilers and high-pressure plumbers;licensed professional engineers;or indi- piping,electrical licensing and inspection,plumbing and viduals who are working under the supervision of engineering,and residential building contractors. a licensed professional engineer and who:a) are The Legislature considered a bill (HF 3525/SF licensed plumbers,b) hold a post-secondary degree 3176) in the 2006 session to complete this consolidation; in engineering,or c) are certified by a national model however,the legislation was not enacted.As a result,the code organization on plumbing systems. department has been seeking input from various stake- 5) Individuals who will conduct plumbing inspections holders with a goal of developing a new proposal for the for the municipality are:licensed master plumb- 2007 session. ers;licensed professional engineers;certified lim- Several provisions under consideration by the depart- ited building officials;certified building officials;or ment would affect local government operations relating to inspectors meeting the competency requirements construction code administration and enforcement.The established in rule. League is interested in hearing from local officials about 6) The municipality agrees to keep official records the impacts of the following proposals: related to plumbing inspections and plan/specifica- Licensing and bond requirements for electrical inspec- tion reviews and to maintain these records in accor- tors. This proposal would require all electrical inspectors dance with state record retention requirements. to hold licenses as master or journeyman electricians,and 7) The municipality and the commissioner agree that if inspectors under contract with DLI to pay a$1,000 bond. the municipality is not properly enforcing the plumbing Licensure verification for building contractors/remod- code,the commissioner may terminate the agreement elers. Another provision would require a local govern- and undertake administration and enforcement of the ment to verify licensure of building contractors and plumbing code,and the municipality may challenge the remodelers before issuing a permit.Cities are currently determination as a contested case under the APA. prohibited from issuing building,zoning or land use 8) The municipality and the commissioner agree that permits to unlicensed persons (see Minn.Stat.326.921), the municipality shall forward to the state for review and have permissive authority to verify licensure and all plumbing plans/specifications for the certain charge$5 per permit to cover costs of license verifica- health care facilities,state and federal buildings,and tion (Minn.Stat.326.86,subd. 1). other projects of a special nature upon request of the Agreements with municipalities to perform plumbing municipality of the department. inspections and plan reviews. The department is consid- State vs.municipal bond requirement for plumbing ering a new provision that would regulate agreements contractors. This proposal would replace local bond relating to plumbing inspection and plan/specification requirements on plumbing contractors with a state bond. review.The proposal would allow the commissioner to However,it would still allow a city,town or the Metro- enter into an agreement with a municipality to perform politan Airports Commission to enforce performance plumbing inspections and plan/specification reviews if: bonds that are required under a contract for plumbing 1) The municipality has adopted the plumbing code and work for the local government. agrees to enforce the plumbing code on all projects. Continued on page 9 Page 8 LMC Cities Bulletin September 13, 2006