MISCELLANEOUS STATUTES RELATED TO

THE MINNESOTA PLUMBING CODE

144.3855 LIMITATION. Subd. 3. Penalties.

To meet cross-connection control requirements, as defined in (a) A person who is found guilty of violating subdivision 1
Minnesota Rules, parts 4715.1920 and 4720.0025, the use of is subject to a fine not to exceed $200 for the first
a hose connection backflow preventer and a hose connection offense.
vacuum breaker, not rated for continuous use, is permitted at (b) A person who is found guilty of violating subdivision 1
individual water supply connections in recreational camping is subject to a fine not to exceed $1,000 for the second
areas as defined in Section 327.14, subdivision 8. offense.
History: 2007 c 24 s 1 (c) A person who is found guilty of violating subdivision 1
is subject to a fine not to exceed $1,000 or imprisonment
325F.75 ADVERTISING RESTRICTIONS; SCOPE; not to exceed 30 days, or both, for the third and subse-
PENALTIES. quent offenses.
Subdivision 1. Restrictions. Except as provided in this History: 1985 c 142 s 1; 1986 c 444; 1987 c 279 s 1; 1987 c
section, where a plumbing license is required under section 329 s 21; 2007 c 140 art 6 s 15; art 13 s 4
326B.46, no person offering plumbing services may do any of
the following unless the person employs a licensed master 326B.41 PURPOSE.
plumber or the person is a licensed master or journeyman
The purpose of sections 326B.41 to 326B.49 is to promote
plumber:
the public health and safety through properly designed,
(1) advertise as a plumbing contractor, master plumber, jour- acceptably installed, and adequately maintained plumbing
neyman plumber, or plumber; systems.
(2) append the person’s name to, or in connection with, the History: 2007 c 140 art 6 s 13
title “plumbing contractor,” “master plumber,” “jour-
neyman plumber,” or “plumber”;
326B.42 DEFINITIONS.
(3) append the person’s name to any other words that tend to
represent the person as a plumbing contractor, master Subdivision 1. Words, terms, and phrases. For pur-
plumber, journeyman plumber, or plumber. poses of sections 326B.41 to 326B.49, the terms defined in
this section have the meanings given to them.
A person who advertises as a master plumber shall
include in the advertisement the number of the person’s Subd. 1a. Contractor. “Contractor” means a person who
license as a master plumber. A person who advertises as a performs or offers to perform any plumbing work, with or
journeyman plumber must include in the advertisement the without compensation, who is licensed as a contractor by the
person’s master or journeyman plumber license number. A commissioner. Contractor includes plumbing contractors and
person who advertises as a plumbing contractor shall include restricted plumbing contractors.
in the advertisement the license number of the master plumber Subd. 1b. Backflow prevention rebuilder. A “backflow
employed by the plumbing contractor. prevention rebuilder” is an individual whois qualified by
A vehicle used to conduct plumbing business must training prescribed by the Plumbing Board and possesses a
prominently display on its exterior the license number of the master or journeyman plumber’s license to engage in the test-
master plumber or journeyman plumber performing plumbing ing, maintenance, and rebuilding of reduced pressure zone
services. type backflow prevention assemblies as regulated by the
Plumbing Code.
Subd. 2. Scope.
Subd. 1c. Backflow prevention tester. A “backflow
(a) This section applies to a person advertising plumbing
prevention tester” is an individual who is qualified by train-
services if that person engages in or works at the business
ing prescribed by the Plumbing Board to engage in the test-
of plumbing or offers plumbing services in a city of
ing of reduced pressure zone type backflow prevention
5,000 or more population.
assemblies as regulated by the Plumbing Code.
(b) This section also applies to a person advertising plumb-
Subd. 2. Direct supervision. The term “direct supervi-
ing services who engages in or works at the business of
sion,” with respect to direct supervision of a plumber’s
plumbing or offers plumbing services in a city of less
apprentice or registered unlicensed individual by a master,
than 5,000 in population that by ordinance requires
restricted master, journeyman, or restricted journeyman
licensing to do business as a master or journeyman
plumber, means that:
plumber.

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(1) at all times while the plumber’s apprentice or registered responsible individual is a licensed restricted master plumber.
unlicensed individual is performing plumbing work, the History: (5872, 5887, 5887-23, 5887-30, 5887-30e) 1907 c
supervising plumber is present at the location where the 457 s 8; 1913 c 554 s 1; 1933 c 349 s 5;1937 c 367 s 1,6;
plumber’s apprentice or registered unlicensed individual 1937 c 370 s 4; 1941 c 460 s 1; 1943 c 474 s 1; 1947 c 253 s
is working; 1; 1957 c 907 s 1-3; 1967c 602 s 10-16; 1979 c 121 s 1; 1985
(2) the supervising plumber is physically present and imme- c 73 s 1-4; 1985 c 248 s 70; 1Sp1985 c 6 s 2; 1986 c 373 s
diately available to the plumber’s apprentice or registered 1,2; 1986c 402 s 1; 1986 c 444; 1991 c 289 s 1-9; 2002 c 328
unlicensed individual at all times for assistance and s 1-7; 2003 c 58 s 1; 2007 c 135 art 6 s 1; 2007 c 140art 4 s
direction; 61; art 5 s 1-18; art 6 s 2,3,14,15; art 13 s 4; 2008 c 337 s
(3) any form of electronic supervision does not meet the 5,6,48,64; 2010 c 280 s 24,25; 2010 c347 art 3 s 24-27,76;
requirement of physically present; 2010 c 385 s 6; 1Sp2011 c 4 art 3 s 9-13
(4) the supervising plumber actually reviews the plumbing
work performed by the plumber’s apprentice or regis- 326B.43 PLUMBING STANDARDS; RULES; AGREE-
tered unlicensed individual before the plumbing is oper- MENT WITH MUNICIPALITY; EXEMPTION.
ated; and Subdivision 1. Rules. The Plumbing Board may, by rule,
(5) the supervising plumber is able to and does determine prescribe minimum standards which shall be uniform and
that all plumbing work performed by the plumber’s which shall be effective for all new plumbing installations per-
apprentice or registered unlicensed individual is per- formed anywhere in the state, including additions, extensions,
formed in compliance with the plumbing code. alterations, and replacements. Notwithstanding the provisions
Subd. 3. MS 2007 Supp [Renumbered subd 5] of Minnesota Rules, part 4715.3130, as they apply to review of
plans and specifications, the commissioner may allow plumb-
Subd. 3. Journeyman plumber. A “journeyman
ing construction, alteration, or extension to proceed without
plumber” is an individual, other than a master plumber, who,
approval of the plans or specifications by the commissioner.
as a principal occupation, is engaged as an employee of, or is
otherwise working under the direction of, a master plumber in Except for powers granted to the Plumbing Board, the
the practical installation of plumbing. commissioner of labor and industry shall ad-minister the pro-
visions of sections 326B.42 to 326B.49 and for such purposes
Subd. 4. MS 2007 Supp [Renumbered subd 7]
may employ plumbing inspectors and other assistants.
Subd. 4. Master plumber. A “master plumber” is an indi-
Subd. 1a. Licenses; experience. All state plumbing
vidual who is skilled in the planning, super-intending, and the
inspectors and plumbing inspectors contracted by the depart-
practical installation of plumbing, who is otherwise lawfully
ment shall hold licenses as master or journeyman plumbers
qualified to contract for plumbing and installations and to
and have five years of documented practical plumbing expe-
conduct the business of plumbing and who is familiar with
rience under this chapter.
the laws and rules governing the same.
Subd. 2. Agreement with municipality. The commis-
Subd. 5. Municipality. The term “municipality” shall have
sioner may enter into an agreement with a municipality, in
the meaning given to it in section 326B.103, subdivision 9.
which the municipality agrees to perform plan and specifica-
Subd. 6. Plumber’s apprentice. A “plumber’s appren- tion reviews required to be performed by the commissioner
tice” is any individual who is employed in the practical instal- under Minnesota Rules, part 4715.3130, if:
lation of plumbing under an apprenticeship agreement
(a) the municipality has adopted:
approved by the department under Minnesota Rules, part
5200.0340. (1) the plumbing code;
Subd. 7. Plumbing code. “Plumbing code” means Min- (2) an ordinance that requires plumbing plans and spec-
nesota Rules, chapter 4715. ifications to be submitted to, reviewed, and
approved by the municipality, except as provided in
Subd. 8. Plumbing contractor. “Plumbing contractor”
paragraph (n);
means a licensed contractor whose responsible individual is
a licensed master plumber. (3) an ordinance that authorizes the municipality to per-
form inspections required by the plumbing code; and
Subd. 9. Responsible individual. A contractor’s
“responsible individual” means the licensed master plumber (4) an ordinance that authorizes the municipality to
or licensed restricted master plumber designated in writing enforce the plumbing code in its entirety, except as
by the contractor in the contractor’s license application, or in provided in paragraph (p);
another manner acceptable to the commissioner, as the indi- (b) the municipality agrees to review plumbing plans and
vidual responsible for the contractor’s compliance with sec- specifications for all construction for which the plumb-
tions 326B.41 to 326B.49, all rules adopted under these ing code requires the review of plumbing plans and spec-
sections and sections 326B.50 to 326B.59, and all orders ifications, except as provided in paragraph(n);
issued under section 326B.082. (c) the municipality agrees that, when it reviews plumbing
Subd. 10. Restricted plumbing contractor. “Restricted plans and specifications under paragraph(b), the review
plumbing contractor” means a licensed contractor whose will:

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(1) reflect the degree to which the plans and specifica- have in effect the plumbing code or any of ordinances
tions affect the public health and conform to the pro- described in paragraph (a), or if the com-missioner deter-
visions of the plumbing code; mines that the municipality is not properly administer-
(2) ensure that there is no physical connection between ing and enforcing the plumbing code or is otherwise not
water supply systems that are safe for domestic use complying with the agreement:
and those that are unsafe for domestic use; and (1) the commissioner may, effective 14 days after the
(3) ensure that there is no apparatus through which municipality’s receipt of written notice, terminate
unsafe water may be discharged or drawn into a safe the agreement;
water supply system; (2) the municipality may challenge the termination in a
(d) the municipality agrees to perform all inspections contested case before the commissioner pursuant to
required by the plumbing code in connection with proj- the Administrative Procedure Act; and
ects for which the municipality reviews plumbing plans (3) while any challenge is pending under clause (2), the
and specifications under paragraph (b); commissioner shall perform plan and specification
(e) the commissioner determines that the individuals who reviews within the municipality under Minnesota
will conduct the inspections and the plumbing plan and Rules, part 4715.3130;
specification reviews for the municipality do not have (m) the municipality and the commissioner agree that the
any conflict of interest in conducting the inspections and municipality may terminate the agreement with or with-
the plan and specification reviews; out cause on 90 days’ written notice to the commissioner;
(f) individuals who will conduct the plumbing plan and (n) the municipality and the commissioner agree that the
specification reviews for the municipality are: municipality shall forward to the state for review all
(1) licensed master plumbers; plumbing plans and specifications for the following types
of projects within the municipality:
(2) licensed professional engineers; or
(1) state-licensed facilities as defined in section
(3) individuals who are working under the supervision
326B.103, subdivision 13;
of a licensed professional engineer or licensed mas-
ter plumber and who are licensed master or jour- (2) public buildings as defined in section 326B.103,
neyman plumbers or hold a postsecondary degree in subdivision 11; and
engineering; (3) projects of a special nature for which department
(g) individuals who will conduct the plumbing plan and review is requested by either the municipality or the
specification reviews for the municipality have passed a state;
competency assessment required by the commissioner to (o) where the municipality forwards to the state for review
assess the individual’s competency at reviewing plumb- plumbing plans and specifications, as provided in para-
ing plans and specifications; graph (n), the municipality shall not collect any fee for
(h) individuals who will conduct the plumbing inspections plan review, and the commissioner shall collect all appli-
for the municipality are licensed master or journeyman cable fees for plan review; and
plumbers, or inspectors meeting the competency require- (p) no municipality shall revoke, suspend, or place restric-
ments established in rules adopted under section tions on any plumbing license issued by the state.
326B.135; Subd. 3. Existing agreement with municipality. Any
(i) the municipality agrees to enforce in its entirety the agreement between the commissioner and a municipality in
plumbing code on all projects, except as provided in which the municipality has agreed to perform plan and speci-
paragraph (p); fication reviews required to be performed by the commissioner
(j) the municipality agrees to keep official records of all under Minnesota Rules, part 4715.3130, that is in effect on
documents received, including plans, specifications, sur- December 1,2007, shall remain in effect and shall not be
veys, and plot plans, and of all plan reviews, permits and required to be in compliance with subdivision 2. If any agree-
certificates issued, reports of inspections, and notices ment to perform plan and specification reviews required to be
issued in connection with plumbing inspections and the performed by the commissioner under Minnesota Rules, part
review of plumbing plans and specifications; 4715.3130, in effect on December 1, 2007, is later terminated
by operation of the terms of the agreement or by either the
(k) the municipality agrees to maintain the records described
commissioner or the municipality, or expires, then any new
in paragraph (j) in the official records of the municipal-
agreement between the commissioner and the municipality to
ity for the period required for the retention of public
perform plan and specification reviews required to be per-
records under section 138.17, and shall make these
formed by the commissioner under Minnesota Rules, part
records readily available for review at the request of the
4715.3130, shall comply with subdivision 2.
commissioner;
Subd. 4. Standards for capacity. All new floor-mounted
(l) the municipality and the commissioner agree that if at
water closets in areas under jurisdiction of the plumbing code
any time during the agreement the municipality does not
may not have a flush volume of more than 1.6 gallons. The

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water closets must meet the standards in the plumbing code sional engineer shall be appointed for an initial term to end on
and the standards of the American National Standards Institute. December 31, 2011. One of the commercial/industrial plumb-
Subd. 5. [Repealed, 2010 c 183 s 24] ing contractors shall be appointed for an initial term to end
on December31, 2010. The other commercial/industrial
Subd. 6. Air admittance valves prohibited. Mechani-
plumbing contractor shall be appointed for an initial term to
cal devices and fittings with internal moving parts are pro-
end on December 31, 2011. The residential plumbing con-
hibited from installation in plumbing venting systems.
tractor shall be appointed for an initial term to end on Decem-
History: (5887-19) 1933 c 349 s 1; 1937 c 370 s 1; 1973 c ber 31, 2010. One of the commercial/industrial plumbing
123 art 5 s 7; 1975 c 136 s 66; 1977 c305 s 45; 1990 c 597 s journeymen shall be appointed for an initial term to end on
57; 1993 c 206 s 20; 1996 c 439 art 4 s 1; 1997 c 203 art 2 s December 31, 2011. The other commercial/industrial plumb-
28; 2007 c 135 art3 s 19,20; 2007 c 140 art 6 s 4,15; art 13 ing journeyman shall be appointed for an initial term to end
s 4; 2008 c 337 s 19,20; 2010 c 183 s 4,5; 2010 c 352 art 1
on December 31, 2010. The residential plumbing journeyman
s22; 2013 c 85 art 2 s 32
shall be appointed for an initial term to end on December 31,
2011. The water conditioning contractor shall be appointed
326B.435 PLUMBING BOARD. for an initial term to end on December 31, 2011. The munic-
Subdivision 1. Composition. ipal public water supply system operator or superintendent
shall be appointed for an initial term to end on December 31,
(a) The Plumbing Board shall consist of 14 members. Twelve
2010. The public member shall be appointed for a term to end
members shall be appointed by the governor with the
December 31, 2010.
advice and consent of the senate and shall be voting mem-
bers. Appointments of members by the governor shall be (b) The licensed professional engineer must possess a cur-
made in accordance with section 15.066. If the senate rent Minnesota professional engineering license and
votes to refuse to consent to an appointment of a member maintain the license for the duration of their term. All
made by the governor, the governor shall appoint a new other appointed members, except for the water condi-
member with the advice and consent of the senate. One tioning contractor, the public member, and the municipal
member shall be the commissioner of labor and industry public water supply system operator or superintendent,
or the commissioner of labor and industry’s designee, must possess a current plumbing license issued by the
who shall be a voting member. One member shall be the Department of Labor and Industry and maintain that
commissioner of health or the commissioner of health’s license for the duration of their term. The water condi-
designee, who shall not be a voting member. Of the 12 tioning contractor must be licensed as a water condition-
appointed members, the composition shall be as follows: ing contractor by the Department of Labor and Industry
and maintain the license for the duration of the term on
(1) two members shall be municipal plumbing inspec-
the board. All appointed members must be residents of
tors, one from the metropolitan area and one from
Minnesota at the time of and throughout the member’s
greater Minnesota;
appointment. The term of any appointed member that
(2) one member shall be a licensed professional engi- does not maintain membership qualification status shall
neer specializing in plumbing designs or systems; end on the date of the status change and the governor shall
(3) two members shall be commercial/industrial plumb- appoint anew member. It is the responsibility of the mem-
ing contractors, one from the metropolitan area and ber to notify the board of the member’s status change.
one from greater Minnesota; (c) For appointed members, except the initial terms desig-
(4) one member shall be a residential plumbing con- nated in paragraph (a), each term shall be three years
tractor; with the terms ending on December 31. Members
(5) two members shall be commercial/industrial jour- appointed by the governor shall be limited to three con-
neymen, one from the metropolitan area and one secutive terms. The governor shall, all or in part, reap-
from greater Minnesota; point the current members or appoint replacement
members with the advice and consent of the senate.
(6) one member shall be a residential plumbing jour-
Midterm vacancies shall be filled for the remaining por-
neyman;
tion of the term. Vacancies occurring with less than six
(7) one member shall be a water conditioning contrac- months time remaining in the term shall be filled for the
tor; existing term and the following three-year term. Mem-
(8) one member shall be a municipal public water sup- bers may serve until their successors are appointed but in
ply system operator or superintendent; and no case later than July 1 in a year in which the term
(9) one member shall be a public member as defined by expires unless reappointed.
section 214.02. Subd. 2. Powers; duties; administrative support.
One of the municipal plumbing inspectors shall be (a) The board shall have the power to:
appointed for an initial term to end on December 31, 2010. (1) elect its chair, vice-chair, and secretary;
The other municipal plumbing inspector shall be appointed
(2) adopt bylaws that specify the duties of its officers,
for an initial term to end on December 31, 2011. The profes-

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the meeting dates of the board, and containing such ing Systems, the commissioner of labor and industry shall
other provisions as may be useful and necessary for administer and enforce the provisions of this chapter and any
the efficient conduct of the business of the board; rules promulgated pursuant thereto.
(3) adopt the Plumbing Code that must be followed in (b) The board shall comply with section 15.0597, subdivi-
this state and any Plumbing Code amendments sions 2 and 4.
thereto. The Plumbing Code shall include the mini- (c) The commissioner shall coordinate the board’s rulemak-
mum standards described in sections 326B.43, sub- ing and recommendations with the recommendations and
division1, and 326B.52, subdivision 1. The board rulemaking conducted by the other boards created pur-
shall adopt the Plumbing Code and any amendments suant to this chapter. The com-missioner shall provide
thereto pursuant to chapter 14 and as provided in staff support to the board. The support includes profes-
subdivision 6, paragraphs (b), (c), and (d); sional, legal, technical, and clerical staff necessary to per-
(4) review requests for final interpretations and issue form rulemaking and other duties assigned to the board.
final interpretations as provided in section The commissioner of labor and industry shall supply nec-
326B.127, subdivision 5; essary office space and supplies to assist the board in its
duties.
(5) adopt rules that regulate the licensure, certification, or
registration of plumbing contractors, journeymen, Subd. 3. Compensation.
unlicensed individuals, master plumbers, restricted (a) Members of the board may be compensated at a rate of
master plumbers, restricted journeymen, restricted $55 a day spent onboard activities, when authorized by
plumbing contractors, backflow prevention the board, plus expenses in the same manner and amount
rebuilders and testers, water conditioning contractors, as authorized by the commissioner’s plan adopted under
and water conditioning installers, and other persons section 43A.18, subdivision 2. Members who, as a result
engaged in the design, installation, and alteration of of time spent attending board meetings, incur child care
plumbing systems or engaged in or working at the expenses that would not otherwise have been incurred,
business of water conditioning installation or serv- maybe reimbursed for those expenses upon board
ice, or engaged in or working at the business of med- authorization.
ical gas system installation, maintenance, or repair,
(b) Members who are state employees or employees of the
except for those individuals licensed under section
political subdivisions of the state must not receive the
326.02, subdivisions 2 and 3. The board shall adopt
daily payment for activities that occur during working
these rules pursuant to chapter 14 and as provided in
hours for which they are compensated by the state or
subdivision 6, paragraphs (e) and (f);
political subdivision. However, a state or political sub-
(6) adopt rules that regulate continuing education for division employee may receive the daily payment if the
individuals licensed as master plumbers, journey- employee uses vacation time or compensatory time accu-
man plumbers, restricted master plumbers, restricted mulated in accordance with a collective bargaining
journeyman plumbers, water conditioning contrac- agreement or compensation plan for board activities.
tors, and water conditioning installers, and for indi- Members who are state employees or employees of the
viduals certified under sections 326B.437 and political subdivisions of the state may receive the
326B.438. The board shall adopt these rules pur-
expenses provided for in this subdivision unless the
suant to chapter 14 and as provided in subdivision 6,
expenses are reimbursed by another source. Members
paragraphs (e) and (f);
who are state employees or employees of political sub-
(7) refer complaints or other communications to the divisions of the state may be reimbursed for child care
commissioner, whether oral or written, as provided expenses only for time spent on board activities that are
in subdivision 8, that allege or imply a violation of outside their working hours.
a statute, rule, or order that the commissioner has
the authority to enforce pertaining to code compli- (c) The board shall adopt internal standards prescribing what
ance, licensure, or an offering to perform or per- constitutes a day spent on board activities for purposes of
formance of unlicensed plumbing services; making daily payments under this subdivision.
(8) approve per diem and expenses deemed necessary Subd. 4. Removal; vacancy.
for its members as provided in subdivision 3; (a) An appointed member of the board may be removed by
(9) approve license reciprocity agreements; the governor at any time (1) for cause, after notice and
hearing, or (2) after missing three consecutive meetings.
(10) select from its members individuals to serve on any
The chair of the board shall inform the governor of an
other state advisory council, board, or committee;
appointed member missing the three consecutive meet-
and
ings. After the second consecutive missed meeting and
(11) recommend the fees for licenses, registrations, and before the next meeting, the secretary of the board shall
certifications. notify the appointed member in writing that the member
Except for the powers granted to the Plumbing Board, may be removed for missing the next meeting. In the case
the Board of Electricity, and the Board of High Pressure Pip- of a vacancy on the board, the governor shall, with the

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advice and consent of the senate, appoint a person to fill (f) The board may reconsider proposed rules or rule amend-
the vacancy for the remainder of the unexpired term. ments during an active rulemaking proceeding in which
(b) Vacancies shall be filled pursuant to section 15.0597, the amendment previously failed to receive an affirma-
subdivisions 5 and 6. tive majority vote of all the voting members of the board
only if new or updated information that affects the pro-
Subd. 5. Membership vacancy within three months
posed rule or rule amendment is presented to the board.
of appointment. Notwithstanding any law to the contrary,
The board may also reconsider failed proposed rules or
when a membership on the board becomes vacant within
rule amendments in subsequent rulemaking proceedings.
three months after being filled through the appointments
process, the governor may, upon notification to the office of Subd. 7. Board meetings.
secretary of state, choose anew member from the applications (a) The board shall hold meetings at such times as the board
on hand and need not repeat the process. shall specify. Notice and conduct of all meetings shall be
Subd. 6. Officers, quorum, voting. pursuant to chapter 13D and in such a manner as the
bylaws may provide.
(a) The board shall elect annually from its members a chair,
vice-chair, and secretary. A quorum of the board shall (b) If compliance with section 13D.02 is impractical, the
consist of a majority of members of the board qualified board may conduct a meeting of its members by tele-
to vote on the matter in question. All questions concern- phone or other electronic means so long as the follow-
ing the manner in which a meeting is conducted or called ing conditions are met:
that is not covered by statute shall be determined by (1) ll members of the board participating in the meet-
Robert’s Rules of Order (revised) unless otherwise spec- ing, wherever their physical location, can hear one
ified by the bylaws. another and can hear all discussion and testimony;
(b) Except as provided in paragraph (c), each plumbing code (2) members of the public present at the regular meeting
amendment considered by the board that receives an affir- location of the board can hear clearly all discussion
mative two-thirds or more majority vote of all of the voting and testimony and all votes of members of the board
members of the board shall be included in the next plumb- and, if needed, receive those services required by
ing code rulemaking proceeding initiated by the board. If a sections 15.44 and 15.441;
plumbing code amendment considered, or reconsidered, by (3) at least one member of the board is physically pres-
the board receives less than a two-thirds majority vote of all ent at the regular meeting location; and
the voting members of the board, the plumbing code
(4) all votes are conducted by roll call, so each mem-
amendment shall not be included in the next plumbing code
ber’s vote on each issue can be identified and
rulemaking proceeding initiated by the board.
recorded.
(c) If the plumbing code amendment considered by the
Each member of the board participating in a meeting by
board is to replace the Minnesota Plumbing Code with a
telephone or other electronic means is considered present at
model plumbing code, then the amendment may only be
the meeting for purposes of determining a quorum and par-
included in the next plumbing code rulemaking pro-
ticipating in all proceedings.
ceeding if it receives an affirmative two-thirds or more
majority vote of all the voting members of the board. If telephone or other electronic means is used to conduct
a regular, special, or emergency meeting, the board, to the
(d) The board may reconsider plumbing code amendments
extent practical, shall allow a person to monitor the meeting
during an active plumbing code rulemaking proceeding
electronically from a remote location. The board may require
in which the amendment previously failed to receive a
the person making such a connection to pay for documented
two-thirds majority vote or more of all the voting mem-
costs that the board incurs as a result of the additional con-
bers of the board only if new or updated information that
nection.
affects the plumbing code amendment is presented to the
board. The board may also reconsider failed plumbing If telephone or other electronic means is used to conduct
code amendments in subsequent plumbing code rule- a regular, special, or emergency meeting, the board shall pro-
making proceedings. vide notice of the regular meeting location, of the fact that
some members may participate by telephone or other elec-
(e) Each proposed rule and rule amendment considered by
tronic means, and that a person may monitor the meeting elec-
the board pursuant to the rulemaking authority specified
tronically from a remote location. Any person monitoring the
in subdivision 2, paragraph (a), clauses (5) or (6), that
meeting electronically from a remote location may be
receives an affirmative majority vote of all the voting
required to pay documented costs incurred by the board as a
members of the board shall be included in the next rule-
result of the additional connection. The timing and method
making proceeding initiated by the board. If a proposed
of providing notice is governed by section 13D.04.
rule or rule amendment considered, or reconsidered, by
the board receives less than an affirmative majority vote Subd. 8. Complaint.
of all the voting members of the board, the proposed rule (a) The board shall promptly forward to the commissioner
or rule amendment shall not be included in the next rule- the substance of any complaint or communication it
making proceeding initiated by the board. receives, whether written or oral, that alleges or implies

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a violation of a statute, rule, or order that the commis- (d) The Plumbing Board shall adopt expedited rules under
sioner has the authority to enforce pertaining to the section 14.389 that are related to the certification of back-
license or registration of any person authorized by the flow prevention rebuilders and backflow prevention
department to provide plumbing services, the perform- testers. Section 326B.13, subdivision 8, does not apply to
ance or offering to perform plumbing services requiring these rules. Notwithstanding the 18-month limitation
licensure by an unlicensed person, or plumbing code under section 14.125, this authority expires on December
compliance. Each complaint or communication that is 31, 2014.
forwarded to the commissioner shall be submitted on a (e) The department shall recognize certification programs
form provided by the commissioner. that are a minimum of 16 contact hours and include the
(b) The commissioner shall advise the board of the status of passage of an examination. The examination must consist
the complaint within 90 days after the board’s written of a practical and a written component. This paragraph
submission is received, or within 90 days after the board expires when the Plumbing Board adopts rules under
is provided with a written request for additional infor- paragraph (d).
mation or documentation from the commissioner or the
History: 1Sp2011 c 4 art 3 s 15
commissioner’s designee, whichever is later. The com-
missioner shall advise the board of the disposition of a
complaint referred by the board within 180 days after the 326B.438 MEDICAL GAS SYSTEMS.
board’s written submission is received. The commis- Subdivision 1. Definitions.
sioner shall annually report to the board a summary of
the actions taken in response to complaints referred by (a) For the purposes of this section, the terms defined in this
the board. subdivision have the meanings given them.
Subd. 9. Data Practices Act. The board is subject to (b) “Medical gas” means medical gas as defined under the
chapter 13, the Minnesota Government Data Practices Act, National Fire Protection Association NFPA99C Standard
and shall protect from unlawful disclosure data classified as on Gas and Vacuum Systems.
not public. (c) “Medical gas system” means a level 1, 2, or 3 piped med-
Subd. 10. Official records. The board shall make and pre- ical gas and vacuum system as defined under the
serve all records necessary to a full and accurate knowledge National Fire Protection Association NFPA 99C Standard
of its official activities in accordance with section 15.17. on Gas and Vacuum Systems.
History: 2007 c 140 art 4 s 61; art 6 s 5; art 13 s 4; 2008 c Subd. 2. License and certification required. No person
337 s 21,64; 2010 c 183 s 6,7; 2010 c280 s 26; 1Sp2011 c 4 shall perform or offer to perform the installation, mainte-
art 3 s 14 nance, or repair of medical gas systems unless the person
obtains a contractor license. An individual shall not engage in
326B.437 REDUCED PRESSURE BACKFLOW PRE- the installation, maintenance, or repair of a medical gas sys-
VENTION REBUILDERS AND TESTERS. tem unless the individual possesses a current Minnesota mas-
ter or journeyman plumber’s license and is certified by the
(a) No person shall perform or offer to perform the installa-
commissioner under rules adopted by the Minnesota Plumb-
tion, maintenance, repair, replacement, or rebuilding of
ing Board. The certification must be renewed biennially for as
reduced pressure zone backflow prevention assemblies
long as the certificate holder engages in the installation, main-
unless the person obtains a plumbing contractor’s
tenance, or repair of medical gas systems.
license. An individual shall not engage in the testing,
maintenance, repair, or rebuilding of reduced pressure Subd. 3. Exemptions. An individual who on August 1,
zone backflow prevention assemblies, as regulated by the 2010, possesses a valid certificate meeting the requirements
Plumbing Code, unless the individual is certified by the of the American Society of Sanitary Engineering (ASSE)
commissioner as a backflow prevention rebuilder. Standard 6010 and is a qualified brazer in accordance with
the provisions required in the National Fire Protection Asso-
(b) An individual shall not engage in testing of a reduced
ciation (NFPA) 99C is exempt from the licensing require-
pressure zone backflow prevention assembly, as regulated
ments of subdivision 2 and may install, maintain, and repair
by the Plumbing Code, unless the individual possesses a
a medical gas system. This exemption applies only if the indi-
backflow prevention rebuilder certificate or is certified
vidual maintains a valid certification in accordance with
by the commissioner as a backflow prevention tester.
ASSE Standard 6010 and the brazer qualifications in NFPA
(c) Certificates are issued for an initial period of two years 99C, and is certified by the commissioner under rules adopted
and must be renewed every two years thereafter for as by the Minnesota Plumbing Board.
long as the certificate holder installs, maintains, repairs,
Subd. 4. Fees. For the purpose of calculating fees under
rebuilds, or tests reduced pressure zone backflow pre-
section 326B.092, an initial or renewed medical gas certifi-
vention assemblies. For purposes of calculating fees
cate issued by the commissioner according to subdivision 2
under section 326B.092, an initial or renewed backflow
shall be considered a journeyman level license.
prevention rebuilder or tester certificate shall be consid-
ered an entry level license. History: 2010 c 183 s 8; 2010 c 280 s 39; 1Sp2011 c 4 art 3
s 16

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326B.439 BAN ON LEAD IN PLUMBING. minimum standards prescribed by the Plumbing Board.
Lead pipe, solders and flux containing more than 0.2 percent History: (5887-20) 1933 c 349 s 2; 1937 c 370 s 2; 1941 c
lead, and pipes and pipe fittings containing more than eight 367 s 1; 1953 c 166 s 1; 1957 c 921 s 1;1973 c 123 art 5 s 7;
percent lead shall not be used in any plumbing installation 1977 c 305 s 45; 1Sp2001 c 9 art 1 s 56; 2002 c 379 art 1 s
which conveys a potable water supply. A Minnesota seller of 113; 2007 c 135 art 3 s22; 2007 c 140 art 6 s 6,15; art 13 s
lead solder, except for a seller whose primary business is con- 4; 2010 c 347 art 3 s 28,76; 2010 c 385 s 6
tracting in plumbing, heating, and air conditioning, shall not
sell any solder containing 0.2 percent lead unless the seller
326B.45 VIOLATIONS TO BE REPORTED TO COM-
displays a sign which states,
MISSIONER.
“Contains Lead Minnesota law prohibits the use of this
Such local authority as may be designated by any such ordi-
solder in any plumbing installation which is connected to a
nance for the issuance of such plumbing permits and approval
potable water supply.”
of such plans shall report to the commissioner persistent or
History: 1985 c 279 s 2; 1988 c 689 art 2 s 232; 2008 c 337 willful violation of the same and any incompetence of a
s 64 licensed plumber observed by the local authority.
History: (5887-21) 1933 c 349 s 3; 1977 c 305 s 45; 2007 c
326B.44 LOCAL REGULATIONS. 140 art 6 s 7,15; art 13 s 4
Any of the following entities may, by ordinance, adopt local
regulations providing for plumbing permits, approval of plans 326B.46 LICENSING, BOND AND INSURANCE.
and specifications, and inspections of plumbing, which regu-
Subdivision 1. License required.
lations are not in conflict with the plumbing code: any city
having a system of waterworks or sewerage, regardless of (a) No individual shall engage in or work at the business of
population; any town having a population of 5,000 or more a master plumber, restricted master plumber, journeyman
according to the last federal census, exclusive of any statu- plumber, and restricted journeyman plumber unless
tory cities located therein; and the Metropolitan Airports licensed to do so by the commissioner. A license is not
Commission. No such entity shall prohibit plumbing con- required for individuals performing building sewer or
tractors licensed by the commissioner from engaging in or water service installation who have completed pipe lay-
working at the business of plumbing, except cities and statu- ing training as prescribed by the commissioner. A master
tory cities which, prior to April 21, 1933, by ordinance plumber may also work as a journeyman plumber, a
required the licensing of plumbers. No such entity shall restricted journeyman plumber, and a restricted master
require any person who engages in the business of plumbing plumber. A journeyman plumber may also work as a
to post a bond as a pre-requisite for engaging in the business restricted journeyman plumber. Anyone not so licensed
of plumbing, except the bond to the state required under sec- may do plumbing work which complies with the provi-
tion 326B.46 and except any performance bond required sions of the minimum standards prescribed by the
under a contract with the person for the performance of Plumbing Board on premises or that part of premises
plumbing work for the entity. No such entity shall require any owned and actually occupied by the worker as a resi-
person who engages in the business of plumbing to maintain dence, unless otherwise forbidden to do so by a local
public liability insurance as a prerequisite for engaging in the ordinance.
business of plumbing, except the insurance required under (b) No person shall engage in the business of planning,
section 326B.46 and except any public liability insurance superintending, or installing plumbing or shall install
required under a contract with the person for the performance plumbing in connection with the dealing in and selling of
of plumbing work for the entity. No city or town may require plumbing material and supplies unless at all times a
a license for persons performing building sewer or water serv- licensed master plumber, or in cities and towns with a
ice installation who have completed pipe laying training as population of fewer than 5,000 according to the last fed-
prescribed by the commissioner of labor and industry. Any eral census, a restricted master plumber, who shall be
city by ordinance may prescribe regulations, reasonable stan- responsible for proper installation, is in charge of the
dards, and inspections and grant permits to any person plumbing work of the person.
engaged in the business of installing water softeners, who is (c) Except as provided in subdivision 1a, no person shall
not licensed as a contractor by the commissioner, to connect perform or offer to perform plumbing work with or with-
water softening and water filtering equipment to private res- out compensation unless the person obtains a contrac-
idence water distribution systems, where provision has been tor’s license. A contractor’s license does not of itself
previously made therefor and openings left for that purpose or qualify its holder to perform the plumbing work author-
by use of cold water connections to a domestic water heater; ized by holding a master, journeyman, restricted master,
where it is not necessary to rearrange, make any extension or or restricted journeyman license.
alteration of, or addition to any pipe, fixture or plumbing con-
Subd. 1a. Exemptions from licensing.
nected with the water system except to connect the water sof-
tener, and provided the connections so made comply with (a) An individual without a contractor license may do

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plumbing work on the individual’s residence in accor- tractor license authorizes the contractor to offer to per-
dance with subdivision 1, paragraph (a). form and, through licensed and registered individuals, to
(b) An individual who is an employee working on the main- perform plumbing work in all areas of the state. A
tenance and repair of plumbing equipment, apparatus, or restricted plumbing contractor license authorizes the con-
facilities owned or leased by the individual’s employer tractor to offer to perform and, through licensed and reg-
and which is within the limits of property owned or istered individuals, to perform plumbing work in all areas
leased, and operated or maintained by the individual’s of the state except in cities and towns with a population of
employer, shall not be required to maintain a contractor more than 5,000 according to the last federal census.
license as long as the employer has on file with the com- (b) If the contractor is an individual or sole proprietorship,
missioner a current certificate of responsible individual. the responsible licensed individual must be the individ-
The responsible individual must be a master plumber or, ual, proprietor, or managing employee. If the contractor
in an area of the state that is not a city or town with a is a partnership, the responsible licensed individual must
population of more than 5,000 according to the last fed- be a general partner or managing employee. If the con-
eral census, a restricted master plumber. The certificate tractor is a limited liability company, the responsible
must be signed by the responsible individual and must licensed individual must be a chief manager or managing
state that the person signing the certificate is responsible employee. If the contractor is a corporation, the respon-
for ensuring that the maintenance and repair work per- sible licensed individual must be an officer or managing
formed by the employer’s employees complies with sec- employee. If the responsible licensed individual is a man-
tions 326B.41 to 326B.49, all rules adopted under those aging employee, the responsible licensed individual must
sections and sections 326B.50 to 326B.59, and all orders be actively engaged in performing plumbing work on
issued under section 326B.082. The employer must pay behalf of the contractor, and cannot be employed in any
a filing fee to file a certificate of responsible individual capacity as a plumber for any other contractor. An indi-
with the commissioner. The certificate shall expire two vidual may be the responsible licensed individual for
years from the date of filing. In order to maintain a cur- only one contractor.
rent certificate of responsible individual, the employer (c) All applications and renewals for contractor licenses
must resubmit a certificate of responsible individual, shall include a verified statement that the applicant or
with a filing fee, no later than two years from the date of licensee has complied with this subdivision.
the previous submittal. The filing of the certificate of
Subd. 2. Bond; insurance.
responsible individual does not exempt any employee of
the employer from the requirements of this chapter (a) The bond and insurance requirements of paragraphs (b)
regarding individual licensing as a plumber or registra- and (c) apply to each person who performs or offers to
tion as an unlicensed individual. perform plumbing work within the state, including any
person who offers to perform or performs sewer or water
(c) If a contractor employs a licensed plumber, the licensed
service installation without a contractor’s license. If the
plumber does not need a separate contractor license to
person performs or offers to perform any plumbing work
perform plumbing work on behalf of the employer within
other than sewer or water service installation, then the
the scope of the licensed plumber’s license.
person must meet the requirements of paragraphs (b) and
(d) A person may perform and offer to perform building (c) as a condition of holding a contractor’s license.
sewer or water service installation without a contractor’s
(b) Each person who performs or offers to perform plumb-
license if the person is in compliance with the bond and
ing work within the state shall give and maintain bond
insurance requirements of subdivision 2.
to the state in the amount of at least $25,000 for (1) all
(e) Waterproofing contractors licensed under sections plumbing work entered into within the state or (2) all
326B.801 to 326B.89 may install in existing single-fam- plumbing work and subsurface sewage treatment work
ily dwellings a single sump pump, which receives sub- entered into within the state. If he bond is for both
surface or seepage water through a subsoil drain and plumbing work and subsurface sewage treatment work,
discharges to grade. The Minnesota Plumbing Code the bond must comply with the requirements of this sec-
applies to this paragraph, including provisions relating tion and section 115.56, subdivision 2, paragraph (e). The
to proper installation, use of approved materials, and bond shall be for the benefit of persons injured or suf-
proper support of the materials. fering financial loss by reason of failure to comply with
Subd. 1b. Employment of master plumber or the requirements of the State Plumbing Code and, if the
restricted master plumber. bond is for both plumbing work and subsurface sewage
(a) Each contractor must designate a responsible licensed treatment work, financial loss by reason of failure to
plumber, who shall be responsible for the performance of comply with the requirements of sections 115.55 and
all plumbing work in accordance with sections 326B.41 115.56. The bond shall be filed with the commissioner
to 326B.49, all rules adopted under these sections and sec- and shall be written by a corporate surety licensed to do
tions 326B.50 to 326B.59, and all orders issued under sec- business in the state.
tion 326B.082. A plumbing contractor’s responsible (c) Each person who performs or offers to perform plumb-
individual must be a master plumber. A restricted plumb- ing work within the state shall have and maintain in
ing contractor’s responsible individual must be a master effect public liability insurance, including products lia-
plumber or a restricted master plumber. A plumbing con- bility insurance with limits of at least $50,000 per person

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and $100,000 per occurrence and property damage insur- (b) A plumber’s apprentice or registered unlicensed individ-
ance with limits of at least $10,000. The insurance shall ual is authorized to assist in the installation of plumbing
be written by an insurer licensed to do business in the only while under the direct supervision of a master,
state of Minnesota. Each person who performs or offers restricted master, journeyman, or restricted journeyman
to perform plumbing work within the state shall main- plumber. The master, restricted master, journeyman, or
tain on file with the commissioner a certificate evidenc- restricted journeyman plumber is responsible for ensur-
ing the insurance. In the event of a policy cancellation, ing that all plumbing work performed by the plumber’s
the insurer shall send written notice to the commissioner apprentice or registered unlicensed individual complies
at the same time that a cancellation request is received with the Plumbing Code. The supervising master,
from or a notice is sent to the insured. restricted master, journeyman, or restricted journeyman
Subd. 3. [Repealed, 2010 c 347 art 3 s 29,76; 2010 c must be licensed and must be employed by the same
385 s 6] employer as the plumber’s apprentice or registered unli-
Subd. 4. [Repealed, 2010 c 347 art 3 s 29,76; 2010 c censed individual. Licensed individuals shall not permit
385 s 6] plumber’s apprentices or registered unlicensed individu-
als to perform plumbing work except under the direct
Subd. 5. Exterior connections. Persons licensed as man- supervision of an individual actually licensed to perform
ufactured home installers under chapter 327B are not required such work. Plumber’s apprentices and registered unli-
to be licensed under sections 326B.42 to 326B.49 when con- censed individuals shall not supervise the performance
necting the exterior building drain sewer outlets to the above- of plumbing work or make assignments of plumbing
ground building sewer system and when connecting the work to unlicensed individuals.
exterior water line to the aboveground water system to the
manufactured home as described in National Manufactured (c) Contractors employing plumber’s apprentices or regis-
Housing Construction and Safety Standards Act of 1974, tered unlicensed individuals to perform plumbing work
United States Code, title 42, section 5401 et seq. No additional shall maintain records establishing compliance with this
licensure, bond, or insurance related to the scope of work per- subdivision that shall identify all plumber’s apprentices
mitted under this subdivision may be required of a licensed and registered unlicensed individuals performing plumb-
manufactured home installer by any unit of government. ing work, and shall permit the department to examine
and copy all such records.
Subd. 6. Well contractor exempt from licensing and
bond; conditions. No license, registration, or bond under Subd. 2. Journeyman exam. A plumber’s apprentice or
sections 326B.42 to 326B.49 is required of a well contractor registered unlicensed individual who has completed four
or a limited well/boring contractor who is licensed and years of practical plumbing experience is eligible to take the
bonded under section 103I.525 or 103I.531 and is engaged in journeyman plumbing examination. Up to 24 months of prac-
the work or business of installing: tical plumbing experience prior to becoming a plumber’s
(1) water service pipe from a well to a pressure tank; apprentice or registered unlicensed individual may be applied
to the four-year experience requirement. However, none of
(2) a frost-free water hydrant with an antisiphon device on a this practical plumbing experience may be applied if the indi-
well water service pipe located entirely outside of a vidual did not have any practical plumbing experience in the
building requiring potable water;
12-month period immediately prior to becoming a plumber’s
(3) a control valve, located outside the building, on a well apprentice or registered unlicensed individual. The Plumbing
water service pipe; or Board may adopt rules to evaluate whether the individual’s
(4) a main control valve located within two feet of the pres- past practical plumbing experience is applicable in preparing
sure tank on the distribution supply line. for the journeyman’s examination. If two years after com-
History: (5887-22) 1933 c 349 s 4; 1937 c 370 s 3; 1941 c pleting the training the individual has not taken the examina-
367 s 2; 1973 c 123 art 5 s 7; 1977 c 305s 45; 1978 c 604 s tion, the four years of experience shall be forfeited.
1; 1980 c 487 s 10; 1986 c 444; 1999 c 245 art 2 s 39-41; The commissioner may allow an extension of the two-
2004 c 251 s 12; 2007 c 135art 3 s 23; 2007 c 140 art 6 s year period for taking the exam for cases of hardship or other
8,15; art 13 s 4; 2008 c 337 s 22-24; 2009 c 78 art 5 s 14; appropriate circumstances.
2009 c 109 s 13;2010 c 347 art 3 s 29,76; 2010 c 384 s 87,88; Subd. 3. Registration, rules, applications, renewals,
2010 c 385 s 6; 2011 c 21 s 1; 1Sp2011 c 4 art 3 s 17-21;2012 and fees. An unlicensed individual may register by com-
c 159 s 1; 2012 c 295 art 1 s 15 pleting and submitting to the commissioner an application
form provided by the commissioner, with all fees required by
326B.47 UNLICENSED INDIVIDUALS. section 326B.092. A completed application form must state
Subdivision 1. Registration; supervision; records. the date the individual began training, the individual’s age,
schooling, previous experience, and employer, and other
(a) All unlicensed individuals, other than plumber’s appren-
information required by the commissioner. The Plumbing
tices and individuals who have completed pipe laying
Board may prescribe rules, not inconsistent with this section,
training as prescribed by the commissioner, must be reg-
for the registration of unlicensed individuals. Applications for
istered under subdivision 3.
initial registration may be submitted at any time. Registration

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must be renewed annually and shall be for the period from permanent forfeiture of the restricted master plumber and
July 1 of each year to June 30 of the following year. restricted journeyman plumber license.
History: 1986 c 402 s 2; 1986 c 444; 2007 c 135 art 3 s 24; (b) The commissioner shall in a manner determined by the
2007 c 140 art 6 s 9,15; art 13 s 4; 2010c 280 s 27; 2010 c commissioner, without the need for any rulemaking
347 art 3 s 30,76; 2010 c 385 s 6; 1Sp2011 c 4 art 3 s 22,23 under chapter 14, phase in the renewal of restricted mas-
ter plumber and restricted journeyman plumber licenses
326B.475 RESTRICTED PLUMBER LICENSE. from one year to two years. By June 30, 2011, all
restricted master plumber and restricted journeyman
Subdivision 1. Licensure.
plumber licenses shall be two-year licenses.
(a) The commissioner of labor and industry shall grant a
restricted journeyman or restricted master plumber Subd. 5. [Repealed, 2010 c 347 art 3 s 75]
license to an individual if: Subd. 6. [Repealed, 2010 c 347 art 3 s 75]
(1) the individual completes an application with infor- Subd. 7. Fee. The renewal fee for the restricted master
mation required by the commissioner of labor and plumber and restricted journeyman plumber licenses is the
industry; same fee as for a master or journeyman plumber license,
(2) the completed application is accompanied by a fee respectively.
of $30; History: 2007 c 135 art 3 s 25; 2007 c 140 art 6 s 10,15; art
(3) the commissioner of labor and industry receives the 13 s 4; 2008 c 282 s 1,2; 2008 c 337 s 64;2009 c 78 art 5 s
completed application and fee between October 1, 15,16; 2009 c 153 s 5; 2010 c 183 s 9,10; 2010 c 347 art 3 s
2009, and October 15, 2009; 31,32,76; 2010 c 385 s 6
(4) the completed application for a restricted journey-
man plumber license demonstrates that, prior to the 326B.48 RECIPROCITY WITH OTHER STATES.
application, the applicant has had at least two years (a) The commissioner may enter into reciprocity agreements
of practical plumbing experience in the plumbing for personal licenses with another state if approved by the
trade; and board. Once approved by the board, the commissioner
(5) the completed application for a restricted master may issue a plumber’s license without requiring the appli-
plumber license demonstrates that, prior to the appli- cant to pass an examination provided the applicant:
cation, the applicant has had: (1) ubmits an application under section 326B.49;
(i) at least four years of practical plumbing experi- (2) pays the fee required under section 326B.49; and
ence in the plumbing trade; or
(3) holds a valid comparable license in the state partic-
(ii) at least two years of practical plumbing experi- ipating in the agreement.
ence as a plumbing contractor in the plumbing
(b) Agreements are subject to the following:
trade.
(1) The parties to the agreement must administer a
(b) For applications received between October 1, 2009, and
statewide licensing program that includes examina-
October 15, 2009, the commissioner may waive penalties
tion and qualifying experience or training compara-
for an applicant who failed to post a bond after June 30,
ble to Minnesota’s.
1999, under section 326B.46, sub-division 2, if the commis-
sioner finds that the penalty would cause undue hardship or (2) The experience and training requirements under
the waiver is otherwise warranted under the circumstances. which an individual applicant qualified for exami-
nation in the qualifying state must be deemed equal
Subd. 2. Use of license. A restricted master plumber and
to or greater than required for an applicant making
restricted journeyman plumber may engage in the plumbing
application in Minnesota at the time the applicant
trade in all areas of the state except in cities and towns with
acquired the license in the qualifying state.
a population of more than 5,000 according to the last federal
census. (3) The applicant must have acquired the license in the
qualifying state through an examination deemed
Subd. 3. Application period. Applications for restricted
equivalent to the same class of license examination
master plumber and restricted journeyman plumber licenses
in Minnesota. A lesser class of license may be
must be submitted to the commissioner prior to October 1,
granted where the applicant has acquired a greater
2008.
class of license in the qualifying state and the appli-
Subd. 4. Renewal; use period for license. cant otherwise meets the conditions of this section.
(a) A restricted master plumber and restricted journeyman (4) At the time of application, the applicant must hold a
plumber license must be renewed for as long as that valid license in the qualifying state and have held
licensee engages in the plumbing trade. Notwithstanding the license continuously for at least one year before
section 326B.094, failure to renew a restricted master making application in Minnesota.
plumber and restricted journeyman plumber license
(5) An applicant is not eligible for a license under this
within 12 months after the expiration date will result in
section if the applicant has failed the same or greater

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class of license examination in Minnesota, or if the under section 326B.46, subdivision 2, paragraph (b), a
applicant’s license of the same or greater class has biennial bond filing fee of $100, unless the person is a
been revoked or suspended. licensed contractor.
(6) An applicant who has failed to renew a plumber’s Subd. 2. Fees for plan reviews and audits. Plumbing
license for two years or more after its expiration is system plans and specifications that are submitted to the com-
not eligible for a license under this section. missioner for review shall be accompanied by the appropri-
History: 1977 c 19 s 1; 1992 c 464 art 1 s 35; 2007 c 135 art ate plan examination fees. If the com-missioner determines,
3 s 26; 2007 c 140 art 6 s 11,15; art 13 s 4 upon review of the plans, that inadequate fees were paid, the
necessary additional fees shall be paid prior to plan approval.
The commissioner shall charge the following fees for plan
326B.49 APPLICATIONS, FEES. reviews and audits of plumbing installations for public, com-
Subdivision 1. Application, examination, and mercial, and industrial buildings:
license fees. (1) systems with both water distribution and drain, waste,
(a) Applications for master and journeyman plumber’s and vent systems and having:
licenses shall be made to the commissioner, with all fees (i) 25 or fewer drainage fixture units, $150;
required by section 326B.092. Unless the applicant is
(ii) 26 to 50 drainage fixture units, $250;
entitled to a renewal, the applicant shall be licensed by
the commissioner only after passing a satisfactory exam- (iii) 51 to 150 drainage fixture units, $350;
ination developed and administered by the commis- (iv) 151 to 249 drainage fixture units, $500;
sioner, based upon rules adopted by the Plumbing Board, (v) 250 or more drainage fixture units, $3 per drainage
showing fitness. fixture unit to a maximum of $4,000; and
(b) All initial journeyman plumber’s licenses shall be effec- (vi) interceptors, separators, or catch basins, $70 per
tive for more than one calendar year and shall expire on interceptor, separator, or catch basin design;
December 31 of the year after the year in which the appli-
(2) building sewer service only, $150;
cation is made. All master plumber’s licenses shall expire
on December 31 of each even-numbered year after (3) building water service only, $150;
issuance or renewal. The com-missioner shall in a man- (4) building water distribution system only, no drainage sys-
ner determined by the commissioner, without the need tem, $5 per supply fixture unit or $150,whichever is
for any rulemaking under chapter 14, phase in the greater;
renewal of master and journeyman plumber’s licenses (5) storm drainage system, a minimum fee of $150 or:
from one year to two years. By June 30, 2011, all
(i) $50 per drain opening, up to a maximum of $500;
renewed master and journeyman plumber’s licenses shall
and
be two-year licenses.
(ii) $70 per interceptor, separator, or catch basin design;
(c) Applications for contractor licenses shall be made to the
commissioner, with all fees required by section (6) manufactured home park or campground, one to 25 sites,
326B.092. All contractor licenses shall expire on Decem- $300;
ber 31 of each odd-numbered year after issuance or (7) manufactured home park or campground, 26 to 50 sites,
renewal. $350;
(d) For purposes of calculating license fees and renewal (8) manufactured home park or campground, 51 to 125 sites,
license fees required under section 326B.092: $400;
(1) the following licenses shall be considered business (9) manufactured home park or campground, more than 125
licenses: plumbing contractor and restricted plumb- sites, $500; and
ing contractor; (10) revision to previously reviewed or incomplete plans:
(2) the following licenses shall be considered master (i) review of plans for which the commissioner has
licenses: master plumber and restricted master issued two or more requests for additional in-for-
plumber; mation, per review, $100 or ten percent of the orig-
(3) the following licenses shall be considered journey- inal fee, whichever is greater;
man licenses: journeyman plumber and restricted (ii) proposer-requested revision with no increase in proj-
journeyman plumber; and ect scope, $50 or ten percent of original fee,
(4) the registration of an unlicensed individual under whichever is greater; and
section 326B.47, subdivision 3, shall be considered (iii) proposer-requested revision with an increase in proj-
an entry level license. ect scope, $50 plus the difference between the orig-
(e) For each filing of a certificate of responsible individual inal project fee and the revised project fee.
by an employer, the fee is $100. Subd. 3. Permits; fees.
(f) The commissioner shall charge each person giving bond (a) Before commencement of a plumbing installation to be

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inspected by the commissioner, the plumbing contractor 326B.50 to 326B.59, the terms defined in this section have
or registered plumbing employer performing the plumb- the meanings given them.
ing work must submit to the commissioner an applica- Subd. 1a. Responsible licensed master. “Responsible
tion for a permit and the permit and inspection fees in licensed master” means the licensed water conditioning mas-
paragraphs(b) to (f). ter or licensed master plumber designated in writing by the
(b) The permit fee is $100. water conditioning contractor in the water conditioning con-
(c) The residential inspection fee is $50 for each inspection tractor’s license application, or in another manner acceptable
trip. to the commissioner, as the individual responsible for the
water conditioning contractor’s compliance with sections
(d) The public, commercial, and industrial inspection fees
326B.50 to 326B.59, all rules adopted under these sections,
are as follows:
the Minnesota Plumbing Code, and all orders issued under-
(1) for systems with water distribution, drain, waste, and section 326B.082.
vent system connection:
Subd. 2. Single family residential unit. “Single family
(i) $25 for each fixture, permanently connected residential unit” means a building or portion thereof which is
appliance, floor drain, or other appurtenance; arranged, designed, used or intended to be used for residen-
(ii) $25 for each water conditioning, water treat- tial occupancy by one family, but not including a motel, hotel
ment, or water filtration system; and or rooming house.
(iii) $25 for each interceptor, separator, catch basin, Subd. 2a. Water conditioning contractor. “Water con-
or manhole; ditioning contractor” means a person who performs or offers
(2) roof drains, $25 for each drain; to perform any water conditioning installation or water con-
ditioning servicing, with or without compensation, who is
(3) building sewer service only, $100;
licensed as a water conditioning contractor by the commis-
(4) building water service only, $100; sioner.
(5) building water distribution system only, no drainage Subd. 3. Water conditioning installation. “Water con-
system, $5 for each fixture supplied; ditioning installation” means the installation of appliances,
(6) storm drainage system, a minimum fee of $25 for appurtenances, and fixtures designed to treat water so as to
each drain opening, interceptor, separator, or catch alter, modify, add or remove mineral, chemical or bacterial
basin; content, said installation to be made in a water distribution
(7) manufactured home park or campground, $25 for system serving a single family residential unit, which has
each site; been initially established by a licensed plumber, and does not
involve a direct connection without an air gap to a soil or
(8) reinspection fee to verify corrections, regardless of
waste pipe.
the total fee submitted, $100 for each reinspection;
and Subd. 3a. Water conditioning journeyman. “Water
conditioning journeyman” means an individual, other than a
(9) each $100 in fees paid covers one inspection trip.
water conditioning master, who has demonstrated practical
(e) In addition to the fees in paragraph (c), the fee submitter knowledge of water conditioning installation and servicing,
must pay an hourly rate of $80 during regular business and who is licensed by the commissioner as a water condi-
hours, or $120 when inspections are requested to be per- tioning journeyman.
formed outside of normal workhours or on weekends and
Subd. 3b. Water conditioning master. “Water condi-
holidays, with a two-hour minimum where the fee sub-
tioning master” means an individual who has demonstrated
mitter requests inspections of installations as systems are
skill in planning, superintending, installing, and servicing
being installed.
water conditioning installations, and who is licensed by the
(f) The fee submitter must pay a fee equal to two hours at the commissioner as a water conditioning master.
hourly rate of $80 when inspections scheduled by the
Subd. 4. Water conditioning servicing. “Water condi-
submitter are not able to be completed because the work
tioning servicing” means the servicing (including servicing
is not complete.
prior to installation) of a water conditioning installation.
History: (5887-25) 1933 c 349 s 7; 1937 c 370 s 5; 1941 c
History: 1969 c 898 s 5; 1977 c 305 s 45; 1985 c 248 s 70;
367 s 3; 1959 c 78 s 1; 1974 c 205 s 1; 1974c 471 s 15; 1975
1989 c 209 art 2 s 1; 2007 c 140 art 7 s6-9,12,13; art 13 s 4;
c 310 s 31; 1976 c 2 s 169; 1977 c 305 s 45; 1986 c 444;
2010 c 347 art 3 s 34-37,76; 2010 c 385 s 6
1Sp2003 c 14 art 7 s 82; 1Sp2005c 4 art 6 s 50; 2007 c 135
art 3 s 27; 2007 c 140 art 6 s 12,15; art 13 s 4; 2009 c 78 art
5 s 17; 2010 c 347art 3 s 33,76; 2010 c 385 s 6; 1Sp2011 c 4 326B.52 WATER CONDITIONING CONTRACTOR
art 3 s 24; 2012 c 295 art 1 s 16; 2013 c 85 art 2 s 33,34 AND INSTALLER STANDARDS.
Subdivision 1. Rulemaking by Plumbing Board. The
326B.50 DEFINITIONS. Plumbing Board shall, by rule, prescribe minimum standards
Subdivision 1. Scope. For the purposes of sections which shall be uniform, and which standards shall thereafter

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be effective for all new water conditioning servicing and water (c) Except as provided in paragraph (d), no person shall
conditioning installations performed anywhere in the state, engage in or work at the business of water conditioning
including additions, extensions, alterations, and replacements. installation or servicing anywhere in the state unless at all
Subd. 2. Inspectors. Except for powers granted to the times an individual licensed as a master plumber or water
Plumbing Board, the commissioner shall ad-minister the pro- conditioning master by the commissioner, who is respon-
visions of sections 326B.50 to 326B.59 and for such purposes sible for the proper installation and servicing, is in charge
may employ water conditioning inspectors and other assistants. of the water conditioning installation and servicing work.
History: 1969 c 898 s 1; 1973 c 123 art 5 s 7; 1977 c 305 s If a water conditioning contractor employs a
45; 1985 c 248 s 70; 1989 c 209 art 2 s1; 2007 c 140 art 7 s licensed master, restricted master, journeyman or
1,13; art 13 s 4; 2010 c 183 s 11 restricted journeyman plumber, or a licensed water con-
ditioning master or journeyman, then the licensed indi-
vidual does not need a separate water conditioning
326B.53 LOCAL REGULATIONS. contractor license to perform water conditioning instal-
Any city, county, or town may, by ordinance, adopt local reg- lation or servicing on behalf of the employer within the
ulations providing for water conditioning permits, bonds, scope of the individual’s plumber license.
approval of plans, and inspections of water conditioning
(d) No water conditioning contractor, water conditioning mas-
installations and servicing, which regulations shall not be in
ter, or water conditioning journeyman license is required:
conflict with the rules on the same subject prescribed by the
commissioner. No city, county, or town shall prohibit water (1) for exchanges of portable water conditioning equip-
conditioning contractors or installers licensed by the com- ment; or
missioner from engaging in or working at the business. (2) for an individual to perform water conditioning
History: 1969 c 898 s 2; 1973 c 123 art 5 s 7; 1977 c 305 s work that complies with the minimum standards pre-
45; 2007 c 140 art 7 s 2,13; art 13 s 4;2010 c 183 s 12 scribed by the Plumbing Board on premises or that
part of premises owned and occupied by the indi-
vidual as a residence, unless otherwise prohibited by
326B.54 VIOLATIONS TO BE REPORTED TO COM- a local ordinance. The scope of work that a master
MISSIONER. plumber, restricted master plumber, journeyman
Such local authority as may be designated by any such ordi- plumber, or restricted journeyman plumber is
nance for the issuance of such water conditioning installation authorized to perform as an employee of a licensed
and servicing permits and approval of such plans shall report water conditioning contractor shall be limited to the
to the commissioner persistent or willful violations of the same scope of work that the licensed water conditioning
and any incompetence of a licensed water conditioning con- contractor is licensed to perform.
tractor, licensed water conditioning master, or licensed water
Subd. 2. Qualifications for licensing.
conditioning journeyman observed by the local authority.
(a) A water conditioning master license shall be issued only
History: 1969 c 898 s 3; 1977 c 305 s 45; 2007 c 140 art 7 s
to an individual who has demonstrated skill in planning,
3,13; art 13 s 4; 2010 c 347 art 3 s38,76; 2010 c 385 s 6
superintending, and servicing water conditioning instal-
lations, and has successfully passed the examination for
326B.55 LICENSING; QUALIFICATIONS; RULES. water conditioning masters. A water conditioning jour-
Subdivision 1. Licensing. neyman license shall only be issued to an individual other
(a) Except as provided in paragraph (d), no individual shall than a water conditioning master who has demonstrated
perform water conditioning installation or water condi- practical knowledge of water conditioning installation,
tioning servicing unless licensed by the commissioner as and has successfully passed the examination for water
a master plumber, journeyman plumber, water condi- conditioning journeymen. A water conditioning journey-
tioning master, or water conditioning journeyman, or, in man must successfully pass the examination for water
all areas of the state except in cities and towns with a conditioning masters before being licensed as a water
population of more than 5,000 according to the last fed- conditioning master.
eral census, as a restricted master plumber or restricted (b) Each water conditioning contractor must designate a
journeyman plumber. responsible licensed master plumber or a responsible
(b) Except as provided in paragraph (e), no person shall per- licensed water conditioning master, who shall be respon-
form or offer to perform water conditioning installation sible for the performance of all water conditioning instal-
or water conditioning servicing with or without com- lation and servicing in accordance with the requirements
pensation unless the person obtains a water conditioning of sections 326B.50 to 326B.59, all rules adopted under
contractor’s license. A water conditioning contractor’s sections 326B.50 to 326B.59, the Minnesota Plumbing
license does not of itself qualify its holder to perform the Code, and all orders issued under section 326B.082. If
water conditioning installation or water conditioning the water conditioning contractor is an individual or sole
servicing authorized by holding a water conditioning proprietorship, the responsible licensed master must be
master or water conditioning journeyman license. the individual, proprietor, or managing employee. If the

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water conditioning contractor is a partnership, the 326B.56 BONDING AND INSURANCE.

responsible licensed master must be a general partner or Subdivision 1. Bonds.
managing employee. If the water conditioning contractor
(a) As a condition of licensing, each water conditioning con-
is a limited liability company, the responsible licensed
tractor shall give and maintain a bond to the state as
master must be a chief manager or managing employee.
described in paragraph (b). No applicant for a water con-
If the water conditioning contractor is a corporation, the
ditioning contractor license who maintains the bond
responsible licensed master must be an officer or man-
under paragraph (b) shall be otherwise required to meet
aging employee. If the responsible licensed master is a
the bond requirements of any political subdivision.
managing employee, the responsible licensed master
must be actively engaged in performing water condi- (b) Each bond given to the state under this subdivision shall
tioning work on behalf of the water conditioning con- be in the total sum of $3,000 conditioned upon the faith-
tractor and cannot be employed in any capacity as a ful and lawful performance of all water conditioning
water conditioning master or water conditioning jour- installation or servicing done within the state. The bond
neyman for any other water conditioning contractor. An shall be for the benefit of persons suffering injuries or
individual must not be the responsible licensed master damages due to the work. The bond shall be filed with
for more than one water conditioning contractor. the commissioner and shall be written by a corporate
surety licensed to do business in this state. The bond must
(c) All applications and renewals for water conditioning con- remain in effect at all times while the application is pend-
tractor licenses shall include a verified statement that the ing and while the license is in effect.
applicant or licensee has complied with paragraph (b).
Subd. 2. Insurance.
(d) Each application and renewal for a water conditioning
master license, water conditioning journeyman license, (a) As a condition of licensing, each water conditioning
or a water conditioning contractor license shall be contractor shall have and maintain in effect the insur-
accompanied by all fees required by section 326B.092. ance described in paragraph (b). No applicant for a water
conditioning contractor license who maintains the insur-
Subd. 3. Commissioner. The commissioner shall: ance described in paragraph (b) shall be otherwise
(1) license water conditioning contractors, water condition- required to meet the insurance requirements of any polit-
ing masters, and water conditioning journeymen; and ical subdivision.
(2) collect the fees required by section 326B.092. (b) The insurance shall provide coverage, including prod-
Subd. 4. Plumber’s apprentices. ucts liability coverage, for all damages in connection
(a) A plumber’s apprentice who is registered under section with licensed work for which the licensee is liable, with
personal damage limits of at least $50,000 per person and
326B.47is authorized to assist in water conditioning
$100,000 per occurrence and property damage insurance
installation and water conditioning servicing only while
with limits of at least $10,000. The insurance shall be
under the direct supervision of a master plumber, jour-
written by an insurer licensed to do business in this state
neyman plumber, water conditioning master, or water
and a certificate evidencing the insurance shall be filed
conditioning journeyman. The master or journeyman is
with the commissioner. The insurance must remain in
responsible for ensuring that all water conditioning work
effect at all times while the application is pending and
performed by the plumber’s apprentice complies with the
while the license is in effect. In the event of a policy can-
plumbing code and rules adopted under sections326B.50
cellation, the insurer shall send written notice to the com-
to 326B.59. The supervising master or journeyman must
missioner at the same time that a cancellation request is
be licensed and must be employed by the same employer
received from or a notice is sent to the insured.
as the plumber’s apprentice. Licensed individuals shall
not permit plumber’s apprentices to perform water con- Subd. 3. [Repealed, 2010 c 347 art 3 s 75]
ditioning work except under the direct supervision of an Subd. 4. [Repealed, 2010 c 347 art 3 s 75]
individual actually licensed to perform such work. History: 1980 c 614 s 134; 1986 c 444; 2007 c 140 art 7 s
Plumber’s apprentices shall not supervise the perform- 5,13; art 13 s 4; 2009 c 78 art 5 s 18; 2010c 347 art 3 s 40,76;
ance of plumbing work or make assignments of plumb- 2010 c 384 s 89; 2010 c 385 s 6; 1Sp2011 c 4 art 3 s 25
ing work to unlicensed individuals.
(b) Water conditioning contractors employing plumber’s 326B.57 RULES.
apprentices to perform water conditioning work shall
maintain records establishing compliance with this sub- In order to provide effective protection of the public health,
division that shall identify all plumber’s apprentices per- the Plumbing Board may by rule prescribe limitations on the
forming water conditioning work, and shall permit the nature of alteration to, extension of, or connection with, the
department to examine and copy all such records. said water distribution system initially established by a
licensed plumber which may be performed by a person
History: 1969 c 898 s 4; 1973 c 123 art 5 s 7; 1974 c 471 s licensed hereunder. The commissioner may by rule in appro-
16; 1977 c 305 s 45; 1980 c 487 s 11;1985 c 248 s 70; 1986 priate instances require filing of plans, blueprints and speci-
c 444; 2007 c 140 art 7 s 4,13; art 13 s 4; 2010 c 183 s 13; fications prior to commencement of installation. The
2010 c 347 art 3 s39,76; 2010 c 385 s 6 installation of water heaters shall not constitute water condi-

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tioning installation and consequently such work shall be

accomplished in accordance with the provisions of sections
326B.42 to 326B.49.
History: 1969 c 898 s 5; 1977 c 305 s 45; 1985 c 248 s 70;
1989 c 209 art 2 s 1; 2007 c 140 art 7 s6-9,12,13; art 13 s 4;
2010 c 183 s 14

326B.58 FEES; RENEWAL.

(a) Each initial water conditioning master and water condi-
tioning journeyman license shall be effective for more
than one calendar year and shall expire on December 31
of the year after the year in which the application is
made.
(b) The commissioner shall in a manner determined by the
commissioner, without the need for any rulemaking
under chapter 14, phase in the renewal of water condi-
tioning master and journeyman licenses from one year
to two years. By June 30, 2011, all renewed water con-
ditioning contractor licenses shall be two-year licenses.
The Plumbing Board may by rule prescribe for the expi-
ration and renewal of licenses.
(c) All water conditioning contractor licenses shall expire
on December 31 of the year after issuance or renewal.
(d) For purposes of calculating license fees and renewal fees
required under section 326B.092:
(1) a water conditioning journeyman license shall be
considered a journeyman license;
(2) a water conditioning master license shall be consid-
ered a master license; and
(3) a water conditioning contractor license shall be con-
sidered a business license.
History: 1969 c 898 s 6; 1974 c 471 s 17; 1975 c 310 s 32;
1977 c 305 s 45; 2007 c 140 art 7 s 10,13;art 13 s 4; 2008 c
337 s 35; 2009 c 78 art 5 s 19; 2010 c 183 s 15; 2010 c 347
art 3 s 41,76; 2010 c 385s 6; 1Sp2011 c 4 art 3 s 26

326B.59 STATE LICENSE; EXAMINATION; APPLI-

CATION; EXEMPTION.
The provisions of sections 326B.50 to 326B.58 that require
licenses to engage in the work or business of water condi-
tioning installation, and the provisions that provide for the
examination of applicants for such licenses, do not apply to
master plumbers and journeymen plumbers licensed under
the provisions of sections 326B.42 to 326B.49. In all areas of
the state except in cities or towns with a population of more
than 5,000 according to the last federal census, the provisions
of sections 326B.50 to 326B.58 that require licenses to
engage in the work or business of water conditioning instal-
lation, and the provisions that provide for the examination of
applicants for such licenses, do not apply to restricted master
plumbers and restricted journeyman plumbers licensed under
the provisions of section 326B.475.
History: 1969 c 898 s 9; 1973 c 123 art 5 s 7; 1989 c 209 art
2 s 1; 2007 c 140 art 7 s 11,13; art13 s 4; 2010 c 183 s 16

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