|Senate Counsel & Research||State of Minnesota|
|S.F. No. 3541 - Thermal System Insulation Board|
|Author:||Senator James P. Metzen|
|Prepared by:||Darlene Sliwa, Senate Research (651/296-1890)|
|Date:||March 9, 2008|
Section 1 [Definitions] defines "board," "building," "commercial insulation contractor,"
"commissioner," "industrial insulation contractor," "journeyman insulator," "license," "licensee,"
and "thermal system insulation" for purposes of the chapter.
Section 2 [Board of Thermal System Insulation], subdivision 1, paragraph (a), specifies the composition of the Board of Thermal Insulation. Provides that the board will consist of nine members, seven of which will be appointed by the Governor with the advice and consent of the Senate. Three members will serve an initial term to end on December 31, 2011, and the remaining seven members will serve until December 31, 2012.
Paragraph (b) specifies the licenses that various members of the board must maintain.
Paragraph (c) requires all members of the board to be Minnesota residents.
Paragraph (d) provides that except for the initial terms designated in paragraph (a), all appointed members shall serve a term of three years and are limited to three consecutive terms. Specifies the procedure for reappointment and vacancies.
Subdivision 2 specifies the powers and duties of the board, including to adopt the thermal system insulation code, to adopt rules that regulate licensure and registration of journeyman insulators, to recommend licensing fees, and to refer complaints to the Commissioner. Requires the Commissioner to administer and enforce the provisions of the chapter, to provide support staff, office space, and supplies to the board.
Subdivision 3 provides that members of the board may be compensated at a rate of $55 per day spent on board activities. Board members may also be compensated for specified expenses and childcare. Provides that employees of the state and its political subdivisions may be compensated if they use vacation time or compensatory time accumulated in accordance with a collective bargaining agreement or compensation plan. Requires the board to adopt internal standards that define a "day spent on board activities" for purposes of making daily payments.
Subdivision 4 provides the procedure for removal and vacancies.
Subdivision 5 authorizes the Governor to choose a new member from the applications on hand and not repeat the process, if a vacancy occurs within three months of appointment.
Subdivision 6 specifies the procedure for election of board officers, quorum, meeting conduct, and code amendments.
Subdivision 7 requires the board to meet 30 days after appointment of its members and at least quarterly. Provides that the board may conduct a meeting by telephone or other electronic means if specified conditions are met.
Subdivision 8 requires the board to forward complaints and communication to the Commissioner and specifies the time frame for which the Commissioner must respond. Requires the Commissioner to provide an annual report to the board summarizing the actions taken in response to complaints.
Subdivision 9 provides that the board is subject to the Data Practices Act and that the board will protect data classified as not public from unlawful disclosure.
Subdivision 10 requires the board to make and preserve all records necessary to a full and accurate knowledge of its official activities.
Subdivision 11 authorizes the board to consult with engineering authorities and other organizations concerned with health and safety issues related to thermal system insulation.
Section 3 [Journeyman Insulator License Requirements] requires an individual who installs, renovates, replaces, or maintains thermal system insulation as a journeyman insulator to be licensed by the Commissioner. Specifies the experience, examination, and continuing education requirements for licensure. Requires a $50 initial and renewal fee for licensure.
Section 4 [Registration Requirement for Unlicensed Individuals] requires an individual who lacks a thermal system insulation journeyman license and installs, renovates, replaces, or maintains thermal system insulation in heating, ventilation, cooling, plumbing, and refrigeration systems to register with the Commissioner, pay a $25 fee, and be employed as a registered apprentice. Requires each unlicensed individual to work under the direct supervision of licensed journeyman insulators. Specifies the procedure for initial application and renewal.
Section 5 [Reciprocity with Other States] authorizes the Commissioner to waive a licensing requirement for an individual who is licensed in another state upon application and payment of the $50 fee.
Section 6 [Temporary and Emergency Licenses] authorizes the Commissioner to adopt rules establishing standards and procedures for the issuance of temporary and emergency licenses for journeyman insulators.
Section 7 [Inspection] provides that every new thermal system insulation installation, renovation, removal, or maintenance, except minor repair work, may be inspected for compliance with accepted standards of construction for safety to life and property. Exempts political subdivisions that provide a similar thermal system insulation inspection by ordinance.
Section 8 [Penalties] authorizes the Commissioner to suspend or revoke a license, impose a civil penalty, and impose up to a $500 fine per violation for any violation of the chapter or rules adopted under it.
Section 9 [Effective Date] provides that the act is effective January 1, 2009.
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