reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.081 — Definitions.

326B.081 DEFINITIONS.
Subdivision 1.
Application.
For purposes of sections 326B.081 to 326B.085, the terms defined in this section have the meanings given them.
Subd. 2.
Administrative order.
"Administrative order" means an order issued under section 326B.082, subdivision 7.
Subd. 3.
Applicable law.
"Applicable law" means the provisions of sections 181.723, 325E.66, 327.31 to 327.36, this chapter, and chapter 341, and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, registrations, certificates, and permits adopted, issued, or enforced by the department under sections 181.723, 325E.66, 327.31 to 327.36, this chapter, or chapter 341.
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; emails; invoices; bills; notes; and calendars maintained in any form or manner.
Subd. 5.
Final.
"Final" when used to describe any order issued under section 326B.082 means that:
(1) no request for hearing in connection with the order was filed in the manner and within the time provided by section 326B.082;
(2) all requests for hearing have been withdrawn;
(3) an agreement that resolves the order has been signed by all the parties; or
(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.
Subd. 6.
Licensing order.
"Licensing order" means an order issued under section 326B.082, subdivision 12, paragraph (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.
Subd. 8.
Stop order.
"Stop order" means an order issued under section 326B.082, subdivision 10.
History:
2007 c 140 art 3 s 1; 2012 c 248 s 2; 2012 c 295 art 2 s 12; 2013 c 85 art 2 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.084 — False Information; Unlicensed Advertising.

326B.084 FALSE INFORMATION; UNLICENSED ADVERTISING.
Subdivision 1.
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.
Subd. 2.
Unlicensed advertising.
No person shall offer to perform services for which a license issued by the commissioner is required unless the person holds an active license to perform those services. Nothing in this subdivision prohibits an offer to sell, repair, or perform services provided those services are performed by a licensed person.
History:
2007 c 140 art 3 s 4; 2010 c 183 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.085 — Recovery Of Litigation Costs And Expenses.

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.
History:
2007 c 140 art 3 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.091 — Definitions.

326B.091 DEFINITIONS.
Subdivision 1.
Applicability.
For purposes of sections 326B.091 to 326B.099, the terms defined in this section have the meanings given them.
Subd. 2.
Applicant.
"Applicant" means a person who has submitted to the department an application for an initial or renewal license.
Subd. 2a.
Appropriate and related knowledge.
"Appropriate and related knowledge" means facts, information, or principles that are clearly relevant to the licensee's responsibilities under a license issued by the commissioner. These facts, information, or principles must convey substantive and procedural knowledge as it relates to postlicensing issues and must be relevant to the technical aspects of a regulated industry.
Subd. 2b.
Classroom hour.
"Classroom hour" means 50 minutes of educational content.
Subd. 2c.
Instructor.
"Instructor" means an individual lecturing in an approved educational offering.
Subd. 3.
License.
"License" means any registration, certification, or other form of approval authorized by this chapter 326B and chapter 327B to be issued by the commissioner or department as a condition of doing business or conducting a trade, profession, or occupation in Minnesota. License includes specifically but not exclusively an authorization issued by the commissioner or department: to perform electrical work, plumbing or water conditioning work, high pressure piping work, or residential building work of a residential contractor, residential remodeler, or residential roofer; to install manufactured housing; to serve as a building official; or to operate a boiler or boat.
Subd. 4.
Licensee.
"Licensee" means the person named on the license as the person authorized to do business or conduct the trade, profession, or occupation in Minnesota.
Subd. 4a.
Medical hardship.
"Medical hardship" means a documented physical disability or medical condition.
Subd. 5.
Notification date.
"Notification date" means the date of the written notification from the department to an applicant that the applicant is qualified to take the examination required for licensure.
Subd. 5a.
Overpayment.
"Overpayment" means any payment of money in excess of a statutory fee.
Subd. 5b.
Qualifying individual.
"Qualifying individual" means the individual responsible for obtaining continuing education on behalf of a residential building contractor, residential remodeler, or residential roofer licensed pursuant to sections 326B.801 to 326B.885.
Subd. 5c.
Regulated industry.
"Regulated industry" means any business, trade, profession, or occupation that requires a license issued under this chapter or chapter 327B as a condition of doing business in Minnesota.
Subd. 6.
[Repealed, 2015 c 54 art 5 s 16]
Subd. 7.
Sponsor.
"Sponsor" means any person or entity offering or providing approved continuing education.
History:
2007 c 140 art 8 s 27,30; art 13 s 4; 2010 c 347 art 3 s 3,76; 2010 c 385 s 6; 1Sp2011 c 4 art 3 s 4,27-30,58
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.0921 — Bond Requirements.

326B.0921 BOND REQUIREMENTS.
(a) All bonds that are required by this chapter must be in the form of a corporate surety bond conditioned upon the faithful and lawful performance of all work contracted for or performed in the state of Minnesota. The bond must be for the benefit of any person injured or suffering financial loss by reason of the licensee's failure to comply with the requirements of this chapter, the State Building Code, and all contracts entered into.
(b) The licensee must file the bond with the commissioner on the bond form provided by the commissioner. The bond must be in lieu of all other license bonds to any other political subdivision. The bond must be written by a corporate surety licensed to do business in the state of Minnesota.
(c) The penal sum of the bond is cumulative and must be aggregated every two years that the bond is in force. The aggregate liability shall be limited to the bond penalty shown on the bond form for each two-year period that the bond remains in effect for any losses that occur during each two-year period. The bond shall be effective continuously from the date of issue but may be canceled as to future liability by the surety upon 30 days' written notice mailed to the commissioner by certified mail. In the event the surety pays a claim that reduces the penal sum of the bond, the surety must notify the commissioner in writing of the payment of the claim and the reduced penal sum of the bond within 15 days of the payment of the claim.
(d) A licensee that is required to maintain a bond as a condition of licensure must ensure that it has a valid bond filed with the commissioner at all times that its license is active and that the required penal sum of the bond is maintained at all times.
History:
2015 c 54 art 1 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.093 — Licenses Requiring Examination Administered By Commissioner.

326B.093 LICENSES REQUIRING EXAMINATION ADMINISTERED BY COMMISSIONER.
Subdivision 1.
Qualifications for examination.
If the applicant for a license must pass an examination administered by the commissioner in order to obtain the license, then the applicant's complete application must demonstrate that the applicant is qualified to take the examination. The applicant is qualified to take the examination if the applicant meets all requirements for the license except for passing the examination.
Subd. 2.
Not qualified for examination.
If the applicant is not qualified to take the examination, then the commissioner must deny the application. The applicant may subsequently submit another application, accompanied by the required fee.
Subd. 3.
Taking the examination.
If the applicant is qualified to take the examination, then the department must notify the applicant, and the applicant may schedule a time to take the examination within one year after the notification date. If the applicant does not take the examination at the scheduled time, the applicant may, one time only, reschedule a time to take the examination on a date within one year after the notification date. If the applicant fails to take the examination within one year after the notification date, the commissioner must deny the application and the applicant forfeits the application/examination fee. The applicant may subsequently submit another application, accompanied by the required application/examination fee.
Subd. 4.
Examination results.
If the applicant receives a passing score on the examination and meets all other requirements for licensure, the commissioner must approve the application and notify the applicant of the approval within 60 days of the date of the passing score. The applicant must, within 180 days after the notification of approval, pay the license fee. Upon receipt of the license fee, the commissioner must issue the license. If the applicant does not pay the license fee within 180 days after the notification of approval, the commissioner will rescind the approval and must deny the application. If the applicant does not receive a passing score on the examination, the commissioner must deny the application. If the application is denied because of the applicant's failure to receive a passing score on the examination, then the applicant cannot submit a new application for the license until at least 30 days after the date of the failed examination.
History:
2010 c 347 art 3 s 5,76; 2010 c 385 s 6; 2013 c 85 art 2 s 6; 2023 c 53 art 11 s 44
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.094 — Renewal Of Licenses.

326B.094 RENEWAL OF LICENSES.
Subdivision 1.
Expiration of licenses.
Unless and until the department or commissioner issues a renewal of a license, the license expires on the expiration date printed on the license. While the license is expired, the licensee cannot perform the activities authorized by the license.
Subd. 2.
Availability of renewal.
A licensee may apply to renew a license no later than two years after the expiration of the license. If the department receives a complete renewal application no later than two years after the expiration of the license, then the department must approve or deny the renewal application within 60 days of receiving the complete renewal application. If the department receives a renewal application more than two years after the expiration of the license, the department must return the renewal license fee to the applicant without approving or denying the application. If the licensee wishes to obtain a valid license more than two years after expiration of the license, the licensee must apply for a new license. This section does not apply to a holder of a certificate of exemption issued under section 326B.805, subdivision 6, unlicensed individuals who register with the department under section 326B.33, subdivision 12, or 326B.47, or a mechanical contractor that files a bond with the department under section 326B.197.
Subd. 3.
Deadline for avoiding license expiration.
The department must receive a complete application to renew a license no later than the license expiration date. If the department does not receive a complete application by the license expiration date, the license may expire before the department has either approved or denied the renewal application.
History:
2010 c 347 art 3 s 6,76; 2010 c 385 s 6; 2015 c 54 art 1 s 4; art 5 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.095 — Incomplete License Applications.

326B.095 INCOMPLETE LICENSE APPLICATIONS.
This section applies to both applications for initial licenses and license renewal applications. If the department determines that an application is incomplete, the department must notify the applicant of the deficiencies that must be corrected in order to complete the application. The department must receive the corrected application within 30 days after the date the department notified the applicant of the deficiencies that must be corrected. If the application is for license renewal and the department receives the corrected application after the license has expired, then the corrected application must be accompanied by the late fee.
History:
2010 c 347 art 3 s 7,76; 2010 c 385 s 6; 2017 c 68 art 1 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.096 — Reinstatement Of Licenses.

326B.096 REINSTATEMENT OF LICENSES.
Subdivision 1.
Reinstatement after revocation.
(a) If a license is revoked under this chapter and if an applicant for a license needs to pass an examination administered by the commissioner before becoming licensed, then, in order to have the license reinstated, the person who holds the revoked license must:
(1) retake the examination and achieve a passing score; and
(2) meet all other requirements for an initial license, including payment of the application and examination fee and the license fee. The person holding the revoked license is not eligible for Minnesota licensure without examination based on reciprocity.
(b) If a license is revoked under a chapter other than this chapter, then, in order to have the license reinstated, the person who holds the revoked license must:
(1) apply for reinstatement to the commissioner no later than two years after the effective date of the revocation;
(2) pay a $50 reinstatement application fee and any applicable renewal license fee; and
(3) meet all applicable requirements for licensure, except that, unless required by the order revoking the license, the applicant does not need to retake any examination and does not need to repay a license fee that was paid before the revocation.
Subd. 2.
Reinstatement after suspension.
If a license is suspended, then, in order to have the license reinstated, the person who holds the suspended license must:
(1) apply for reinstatement to the commissioner no later than two years after the completion of the suspension period;
(2) pay a $50 reinstatement application fee and any applicable renewal license fee; and
(3) meet all applicable requirements for licensure, except that, unless required by the order suspending the license, the applicant does not need to retake any examination and does not need to repay a license fee that was paid before the suspension.
Subd. 3.
Reinstatement after voluntary termination.
A licensee who is not an individual may voluntarily terminate a license issued to the person under this chapter. If a licensee has voluntarily terminated a license under this subdivision, then, in order to have the license reinstated, the person who holds the terminated license must:
(1) apply for reinstatement to the commissioner no later than the date that the license would have expired if it had not been terminated;
(2) pay a $25 reinstatement application fee and any applicable renewal license fee; and
(3) meet all applicable requirements for licensure, except that the applicant does not need to repay a license fee that was paid before the termination.
History:
2010 c 347 art 3 s 8,76; 2010 c 385 s 6; 1Sp2015 c 1 art 5 s 2; 2023 c 53 art 1 s 23
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.097 — Prohibition Of Transfer.

326B.097 PROHIBITION OF TRANSFER.
A licensee shall not transfer or sell any license.
History:
2010 c 347 art 3 s 9,76; 2010 c 385 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.098 — Continuing Education.

326B.098 CONTINUING EDUCATION.
Subdivision 1.
Department seminars.
This section applies to seminars offered by the department for the purpose of enabling licensees to meet continuing education requirements for license renewal.
Subd. 2.
Rescheduling.
An individual who is registered with the department to attend a seminar may reschedule one time only, to attend the same seminar on a date within one year after the date of the seminar the individual was registered to attend.
Subd. 3.
Fees nonrefundable.
All seminar fees paid to the department are nonrefundable except for any overpayment of fees or if the department cancels the seminar.
Subd. 4.
Courses submitted by the state.
State agencies submitting courses for review that are intended for licensees regulated by the department are not required to pay the course approval fee. Courses must still be reviewed for appropriate credit in the designated license discipline. The department will act as sponsor for courses submitted by state agencies that are approved for continuing education.
History:
2010 c 347 art 3 s 10,76; 2010 c 385 s 6; 1Sp2011 c 4 art 3 s 5; 2015 c 54 art 1 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.101 — Policy And Purpose.

326B.101 POLICY AND PURPOSE.
The State Building Code governs the construction, reconstruction, alteration, repair, and use of buildings and other structures to which the code is applicable. The commissioner shall administer and amend a state code of building construction which will provide basic and uniform performance standards, establish reasonable safeguards for health, safety, welfare, comfort, and security of the residents of this state and provide for the use of modern methods, devices, materials, and techniques which will in part tend to lower construction costs. The construction of buildings should be permitted at the least possible cost consistent with recognized standards of health and safety.
History:
1984 c 544 s 64; 1995 c 254 art 2 s 1; 2007 c 140 art 4 s 61; art 13 s 4; 2013 c 85 art 2 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.108 — Places Of Public Accommodation Subject To Code.

326B.108 PLACES OF PUBLIC ACCOMMODATION SUBJECT TO CODE.
Subdivision 1.
Definition.
For purposes of this section, "place of public accommodation" means a publicly or privately owned facility that is designed for occupancy by 100 or more people and is a sports or entertainment arena, stadium, theater, community or convention hall, special event center, indoor amusement facility or water park, or indoor swimming pool.
Subd. 2.
Application.
Construction, additions, and alterations to a place of public accommodation must be designed and constructed to comply with the State Building Code.
Subd. 3.
Enforcement.
Effective July 1, 2017, in a municipality that has not adopted the code by ordinance under section 326B.121, subdivision 2, the commissioner shall enforce this section in accordance with section 326B.107, subdivision 1.
Subd. 4.
Fire protection systems.
If fire protection systems regulated by chapter 299M are required in a place of public accommodation, then those plan reviews and inspections shall be conducted by the state fire marshal.
Subd. 5.
Fire sprinklers required.
Automatic sprinkler systems for fire protection purposes are required in a place of public accommodation if, on or after August 1, 2008:
(1) the facility was constructed, added to, or altered; and
(2) the facility has an occupant load of 300 or more.
History:
2017 c 94 art 2 s 4; 1Sp2017 c 7 s 4; 1Sp2021 c 10 art 3 s 8-10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.109 — Restroom Facilities.

326B.109 RESTROOM FACILITIES.
Subdivision 1.
Definition.
For purposes of this section, "place of public accommodation" means a publicly or privately owned sports or entertainment arena, stadium, theater, community or convention hall, special event center, amusement facility, or special event center in a public park, that is designed for occupancy by 200 or more people.
Subd. 2.
Application.
This section applies only to a place of public accommodation for which construction, or alterations exceeding 50 percent of the estimated replacement value of the existing facility, occurs.
Subd. 3.
Ratio.
In a place of public accommodation subject to this section, the ratio of water closets for women to the total of water closets and urinals provided for men must be at least three to two, unless there are two or fewer fixtures for men.
Subd. 4.
Rules.
The commissioner 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.
History:
1994 c 632 art 3 s 34; 2007 c 140 art 4 s 7,61; art 13 s 4; 2015 c 54 art 5 s 11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.118 — Energy Code.

326B.118 ENERGY CODE.
The commissioner, 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.
History:
2002 c 317 s 3; 2007 c 140 art 4 s 9,61; art 13 s 4; 2011 c 76 art 1 s 51
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.124 — Exemptions.

326B.124 EXEMPTIONS.
(a) The commissioner may exempt a part of a historic building occupied by the state from the state or another building, fire, safety, or other code if the exemption is necessary to preserve the historic or esthetic character of the building or to prevent theft, vandalism, terrorism, or another crime. When the commissioner grants an exemption, the commissioner shall consider providing equivalent protection. A certificate of occupancy may not be denied because of an exemption under this section.
(b) The house of representatives and senate chambers located in the State Capitol are exempt from any State Building Code and State Fire Code requirements pertaining to: (1) door locks; (2) exit sign placement at exit access doors; and (3) occupancy limit signs. The house of representatives and senate may install door locks within their chambers in the State Capitol that meet their needs. The house of representatives and senate may install exit and occupancy limit signs within the house of representatives and senate chambers located in the State Capitol that are minimal in size and historic in appearance as appropriate for each chamber. Any door lock or sign installed by the house of representatives or the senate under the authority provided in this paragraph is not subject to the approval of the commissioner.
History:
1990 c 572 s 12; 2007 c 140 art 4 s 61; art 13 s 4; 1Sp2017 c 8 art 2 s 14; 2018 c 214 art 2 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.125 — Exemption For Members Of Federally Recognized Tribes.

326B.125 EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED TRIBES.
(a) The commissioner of labor and industry may issue building-specific waivers from the State Building Code if there is conflict with a federally recognized Tribe's religious beliefs, traditional building practices, or established teachings. Both individual members of federally recognized Tribes, direct lineal descendents of federally recognized Tribes, and organizations of members of federally recognized Tribes may apply for these waivers.
(b) Waivers may only be granted for the following types of buildings:
(1) traditional residential buildings that will be used solely by an individual applicant's household or an organizational applicant's members;
(2) meeting houses; and
(3) one-room educational buildings.
(c) To obtain a waiver, an applicant must apply to the commissioner on a form established by the commissioner. The application must:
(1) identify the building the waiver will apply to;
(2) identify the Tribe the applicant is a member of; and
(3) declare that requirements of the State Building Code conflict with religious beliefs, traditional building practices, or established teachings of the identified Tribe, which the applicant adheres to.
(d) Any building for which a waiver is granted may not be sold or leased until:
(1) the building is brought into compliance with the version of the State Building Code in force at the time of the sale or lease; or
(2) the prospective buyer or lessee to which the building is being sold or leased to obtains a waiver under this section for the building.
History:
1Sp2021 c 11 art 2 s 19
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.135 — Construction Code Inspectors.

326B.135 CONSTRUCTION CODE INSPECTORS.
Subdivision 1.
Competency criteria.
The commissioner of labor and industry shall adopt rules establishing required competency criteria for individuals serving as construction code inspectors. For the purpose of this section, "construction code inspectors" means building inspectors, mechanical inspectors, plumbing inspectors, and combination inspectors under the supervision of the building official. Required competency criteria shall be relevant to the building, mechanical, and plumbing codes as adopted in Minnesota.
Subd. 2.
Continuing education.
The commissioner of labor and industry shall adopt rules establishing or approving education programs for construction inspectors related to construction inspection and administration of the State Building Code. Each construction code inspector must satisfactorily complete continuing education requirements as established in rule by the commissioner.
Subd. 3.
Exemption.
A person holding current certification as a building official under section 326B.133 is exempt from this section.
Subd. 4.
Effective date.
All construction inspectors shall, within one year of hire, be in compliance with the competency criteria established according to subdivision 1.
History:
2006 c 202 s 1; 2008 c 337 s 64; 2015 c 54 art 5 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.136 — Certain Inspections.

326B.136 CERTAIN INSPECTIONS.
The state building official may, upon an application setting forth a set of plans and specifications that will be used in more than one municipality to acquire building permits, review and approve the application for the construction or erection of any building or structure designed to provide dwelling space for no more than two families if the set of plans meets the requirements of the State Building Code. All costs incurred by the state building official by virtue of the examination of the set of plans and specifications must be paid by the applicant. A building official shall issue a building permit upon application and presentation to the official of a set of plans and specifications bearing the approval of the state building official if the requirements of all other local ordinances are satisfied.
History:
1984 c 544 s 71; 1986 c 444; 1994 c 634 art 2 s 6,10; 2007 c 140 art 4 s 61; art 13 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.139 — Appeals.

326B.139 APPEALS.
A person aggrieved by the final decision of any local or state level board of appeals as to the application of the code, including any rules adopted under section 471.469, may, within 180 days of the decision, appeal to the commissioner. Appellant shall submit a nonrefundable fee of $70, payable to the commissioner, with the request for appeal. An appeal must be heard as a contested case under chapter 14. The commissioner shall submit written findings to the parties. The party not prevailing shall pay the costs of the contested case hearing, including fees charged by the Office of Administrative Hearings and the expense of transcript preparation. Costs under this section do not include attorney fees. Any person aggrieved by a ruling of the commissioner may appeal in accordance with chapter 14. For the purpose of this section "any person aggrieved" includes the Council on Disability. No fee or costs shall be required when the council on disability is the appellant.
History:
1984 c 544 s 72; 1986 c 444; 1987 c 354 s 4; 1988 c 613 s 17; 1995 c 254 art 2 s 12; 2007 c 140 art 4 s 61; art 13 s 4; 2010 c 280 s 16; 2015 c 54 art 5 s 13
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.142 — Certain Certificates.

326B.142 CERTAIN CERTIFICATES.
Building certificates of occupancy validly issued before July 1, 1972, are valid after that date.
History:
1984 c 544 s 73; 2007 c 140 art 4 s 61; art 13 s 4; 2010 c 280 s 17
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.145 — Annual Report.

326B.145 ANNUAL REPORT.
Each municipality shall annually report by June 30 to the department, in a format prescribed by the department, all construction and development-related fees collected by the municipality from developers, builders, and subcontractors if the cumulative fees collected exceeded $5,000 in the reporting year, except that, for reports due June 30, 2009, to June 30, 2013, the reporting threshold is $10,000. The report must include:
(1) the number and valuation of units for which fees were paid;
(2) the amount of building permit fees, plan review fees, administrative fees, engineering fees, infrastructure fees, and other construction and development-related fees; and
(3) the expenses associated with the municipal activities for which fees were collected.
A municipality that fails to report to the department in accordance with this section is subject to the remedies provided by section 326B.082.
History:
2001 c 207 s 6; 2003 c 6 s 1; 2007 c 140 art 4 s 61; art 13 s 4; 2009 c 152 s 4; 2010 c 280 s 18
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.151 — Permit Fees, To Whom Applicable.

326B.151 PERMIT FEES, TO WHOM APPLICABLE.
If a municipality is enforcing the State Building Code, the municipality's building official shall administer and enforce the State Building Code with respect to all subject structures constructed within the municipality's jurisdiction, including all buildings constructed by municipalities other than the state and the University of Minnesota. These governmental bodies shall pay the building permit fees and surcharges that the inspecting municipality customarily imposes for its administration and enforcement of the code.
History:
1984 c 544 s 76; 1987 c 387 s 4; 2007 c 140 art 4 s 61; art 13 s 4; 2008 c 322 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.16 — Enforcement Of Requirements For Persons With Disabilities.

326B.16 ENFORCEMENT OF REQUIREMENTS FOR PERSONS WITH DISABILITIES.
Subdivision 1.
Application.
The State Building Code's requirements for persons with disabilities apply statewide. A statutory or home rule charter city that does not have in effect an ordinance adopting the State Building Code is responsible for enforcement in the city of the State Building Code's requirements for persons with disabilities. In all other areas where there is no ordinance in effect adopting the State Building Code, the county is responsible for enforcement of the State Building Code's requirements for persons with disabilities.
Subd. 2.
Municipal enforcement.
Municipalities which have not adopted the State Building Code shall enforce the State Building Code's requirements for persons with disabilities by: (1) entering into a joint powers agreement for enforcement with another municipality which has adopted the State Building Code; (2) contracting for enforcement with an individual certified under section 326B.133, subdivision 3, to enforce the State Building Code; or (3) hiring or training their own staff.
Subd. 3.
Responsibilities.
Municipalities shall fulfill code responsibilities including duties and responsibilities for code administration, plan review, and inspection in accordance with the procedures established in the State Building Code.
Subd. 4.
Enforcement by state building official.
If the commissioner determines that a municipality is not properly administering and enforcing the State Building Code's requirements for persons with disabilities, the commissioner may have the administration and enforcement in the involved municipality undertaken by the state building official or by another building official certified by the state. The commissioner shall notify the affected municipality in writing immediately upon making the determination, and the municipality may challenge the determination as a contested case before the commissioner pursuant to the Administrative Procedure Act. The commissioner shall charge the fees set by section 326B.153 for the administration and enforcement service rendered. Any cost to the state arising from the state administration and enforcement of the State Building Code shall be borne by the subject municipality.
History:
1998 c 359 s 14; 2005 c 56 s 1; 2007 c 140 art 4 s 16,61; art 13 s 4; 2008 c 322 s 5; 2010 c 347 art 3 s 18
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.166 — Elevator Inspection And Reporting.

326B.166 ELEVATOR INSPECTION AND REPORTING.
Subdivision 1.
Elevator available for inspection.
A person 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.
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) any person that, between August 1, 2005, and July 31, 2007, has provided service, alteration, repair, or maintenance to any elevator located in Minnesota;
(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;
(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.
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) the location of each elevator;
(b) the type of each elevator; and
(c) the date the elevator was installed.
Subd. 4.
Definition.
As used in this section, "elevator" is as defined in section 326B.163, subdivision 5.
History:
1989 c 303 s 4; 1995 c 166 s 17; 2007 c 140 art 4 s 21,61; art 13 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.172 — Licensing Authorities.

326B.172 LICENSING AUTHORITIES.
Any municipality may by ordinance establish a licensing authority with jurisdiction over all passenger and freight elevators within such municipality, fix the initial and renewal fee for, and the period of duration of, licenses to operate such elevators, and setting forth the requirements for applicants for and the terms and conditions of licenses to operate such elevators.
History:
1955 c 561 s 2; 1973 c 123 art 5 s 7; 1995 c 166 s 7,17; 2007 c 140 art 4 s 61; art 13 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.175 — Elevators, Entrances Sealed.

326B.175 ELEVATORS, ENTRANCES SEALED.
Except as provided in section 326B.188, it shall be the duty of the department 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 326B.163 to 326B.178 to seal the entrances of such elevator and attach a notice forbidding the use of such elevator until the provisions thereof are complied with.
History:
1955 c 561 s 3; Ex1967 c 1 s 6; 1973 c 123 art 5 s 7; 1995 c 166 s 8,17; 2007 c 140 art 4 s 22, 61; art 13 s 4; 2011 c 26 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.178 — Violations, Penalties.

326B.178 VIOLATIONS, PENALTIES.
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 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 or the licensing authority having jurisdiction over the elevator.
Subd. 2.
False certification.
No inspector, or other party authorized by this section or by rule to inspect elevators, may falsely certify the safety of an elevator, or grant a license or permit contrary to any provision of this chapter.
Subd. 3.
Minimum requirements.
No person, firm, or corporation may construct, install, alter, remove, or repair an elevator that does not meet the minimum requirements of this chapter, adopted rules, or national codes adopted by rule. Notwithstanding any provision of rule or national code adopted by rule to the contrary, however, a stairway chair lift that is not hardwired to the building's electrical system, but is instead plugged into an electrical outlet, may be installed in a private residence for the use of its occupants.
Subd. 4.
Penalties.
The commissioner shall administer sections 326B.163 to 326B.191. In addition to the remedies provided for violations of this chapter, the commissioner may impose a penalty of up to $10,000 for a violation of any provision of sections 326B.163 to 326B.191.
History:
1955 c 561 s 4; Ex1967 c 1 s 6; 1989 c 303 s 7; 1995 c 166 s 9-11,17; 1999 c 185 s 2; 2007 c 140 art 4 s 23,24,61; art 13 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.187 — Rules.

326B.187 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 license issued by the department and proof of successful completion of the national elevator industry education program examination or equivalent experience;
(2) to establish minimum qualifications for limited elevator inspectors;
(3) to establish criteria for the qualifications of elevator contractors;
(4) to establish elevator standards under sections 326B.106, subdivisions 1 and 3, and 326B.13;
(5) 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
(6) to establish requirements for the registration of all elevators.
History:
1989 c 303 s 9; 1995 c 166 s 14,17; 1996 c 305 art 3 s 1; 1999 c 250 art 3 s 3; 2007 c 140 art 4 s 26,61; art 13 s 4; 2013 c 85 art 2 s 26
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.188 — Timeline And Exemption For Compliance With Elevator Code Changes Affecting Existing Elevators And Related Devices.

326B.188 TIMELINE AND EXEMPTION FOR COMPLIANCE WITH ELEVATOR CODE CHANGES AFFECTING EXISTING ELEVATORS AND RELATED DEVICES.
(a) This section applies to code requirements for existing elevators and related devices under Minnesota Rules, chapter 1307, where the deadline set by law for meeting the code requirements is January 29, 2012, or later.
(b) If the department or municipality conducting elevator inspections within its jurisdiction notified the owner of an existing elevator or related device of the code requirements before August 1, 2011, the owner may submit a compliance plan by December 30, 2011. If the department or municipality did not notify the owner of an existing elevator or related device of the code requirements before August 1, 2011, the department or municipality shall notify the owner of the code requirements and permit the owner to submit a compliance plan by December 30, 2011, or within 60 days after the date of notification, whichever is later.
(c) Any compliance plan submitted under this section shall result in compliance with the code requirements by the later of January 29, 2012, or three years after submission of the compliance plan. Elevators and related devices that are not in compliance with the code requirements by the later of January 29, 2012, or three years after the submission of the compliance plan may be taken out of service as provided in section 326B.175.
(d) When approved by the local building official, an elevator is not required to comply with the code requirements described in paragraph (a) for phase I and II operation if the elevator was installed prior to January 27, 2007, in a residential condominium property having five or fewer floors not including the basement.
History:
2011 c 26 s 2; 2015 c 54 art 1 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.191 — Conflict Of Laws.

326B.191 CONFLICT OF LAWS.
Nothing in sections 326B.163 to 326B.191 supersedes the Minnesota Electrical Act in this chapter.
History:
1995 c 166 s 15,17; 2007 c 140 art 4 s 61; art 13 s 4; 2010 c 280 s 21
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.194 — Interstate Compact On Industrialized/modular Buildings.

326B.194 INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS.
The state of Minnesota ratifies and approves the Interstate Industrialized Buildings Commission's Interstate Compact as amended by Laws 1990, chapter 458, section 2; Laws 1995, chapter 254, article 4, section 1; and Laws 2007, chapter 140, article 4, section 61, and article 13, section 4, on industrialized/modular buildings and incorporates the compact by reference. The commissioner must make a copy of the compact available to the public.
History:
1990 c 458 s 2; 1995 c 254 art 4 s 1; 2007 c 140 art 4 s 61; art 13 s 4; 2015 c 54 art 5 s 14
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326B — Construction Codes And Licensing › Section 326B.197 — Bond Required For Certain Contractors.

326B.197 BOND REQUIRED FOR CERTAIN CONTRACTORS.
(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, fuel burning, or refrigeration work must give and maintain 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 of labor and industry 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 of labor and industry may charge each person giving bond under this section a biennial bond filing fee of $100.
History:
1Sp2003 c 1 art 2 s 83; 2007 c 135 art 4 s 9; 2007 c 140 art 4 s 28,61; art 13 s 4; 2010 c 347 art 3 s 19,76; 2010 c 385 s 6