SF 4219

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 09:15am

A bill for an act
relating to the State Building Code; prohibiting adoption of building codes without
prior legislative approval; placing a moratorium on adoption of new or amended
building codes; requiring energy code changes to be offset by savings; clarifying
building code inspection requirements; amending Minnesota Statutes 2018, sections
326B.106, subdivision 1; 326B.121, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 326B.106, subdivision 1, is amended to read:

Subdivision 1.

Adoption of code.

(a) Subject to paragraphs (c) and (d) and sections
326B.101 to 326B.194, the commissioner shall by rule and in consultation with the
Construction Codes Advisory Council establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of structural materials,
design and construction, fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate control. The
code must also include duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension and revocation of certification.
The code must conform insofar as practicable to model building codes generally accepted
and in use throughout the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional judgment. To the extent possible,
the code must be adopted in terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of specifications of particular methods
or materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall
administer and enforce the provisions of those sections.

(b) The commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for use of building
systems as specified in the industrial/modular program specified in section 326B.194.
Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.

(c) Beginning deleted text begin with the 2018 edition of the model building codes and deleted text end new text begin in 2026 and new text end every
six years thereafter, the commissioner shall review the new model building codes and adopt
the model codes as amended for use in Minnesota, within two years of the published edition
date. The commissioner may new text begin not new text end adopt new text begin new model building codes or new text end amendments to the
building codes prior to deleted text begin the adoption of the new building codes to advance construction
methods, technology, or materials, or, where necessary to protect the health, safety, and
welfare of the public, or to improve the efficiency or the use of a building deleted text end new text begin 2026, unless
approved by law new text end .

(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. The
commissioner may new text begin not new text end adopt new text begin new energy codes or new text end amendments deleted text begin prior to adoption of deleted text end new text begin to new text end the
new energy codes, as amended for use in Minnesota, deleted text begin to advance construction methods,
technology, or materials, or, where necessary to protect the health, safety, and welfare of
the public, or to improve the efficiency or use of a building deleted text end new text begin unless the commissioner has
determined that any increased cost to residential construction or remodeling per unit due to
implementation of the proposed changes to the energy codes will be offset within five years
by savings resulting from the change new text end .

new text begin (e) The limitations on adoption of new or amended codes under paragraphs (c) and (d)
do not apply to new or amended code changes necessary to protect the immediate health,
safety, and welfare of the public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2020, and
applies to rules proposed or adopted but not yet effective as of January 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 326B.121, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Single inspection only. new text end

new text begin A municipality is prohibited from requiring an additional
inspection for a particular area of building code competency when a project has been
approved for that area of competency by either a certified building official, building
official-limited, or construction code inspector.
new text end