HF 406

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 04:20pm

A bill for an act
relating to building codes; modifying carbon monoxide alarm requirements for
hotels and lodging houses; requiring a safety warning for violation; amending
Minnesota Statutes 2022, sections 299F.46, subdivision 1; 299F.50, by adding
subdivisions; 299F.51, subdivisions 1, 2, 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 299F.46, subdivision 1, is amended to read:

Subdivision 1.

Hotel inspection.

(a) It shall be the duty of the commissioner of public
safety to inspect, or cause to be inspected, at least once every three years, every hotel in
this state; and, for that purpose, the commissioner, or the commissioner's deputies or
designated alternates or agents, shall have the right to enter or have access thereto at any
reasonable hour; and, when, upon such inspection, it shall be found that the hotel so inspected
does not conform to or is not being operated in accordance with the provisions of sections
157.011 and 157.15 to 157.22, in so far as the same relate to fire prevention or fire protection
of hotels, or the rules promulgated thereunder, or is being maintained or operated in such
manner as to violate the Minnesota State Fire Code promulgated pursuant to section 326B.02,
subdivision 6, new text begin 299F.51, new text end or any other law of this state relating to fire prevention and fire
protection of hotels, the commissioner and the deputies or designated alternates or agents
shall report such a situation to the hotel inspector who shall proceed as provided for in
chapter 157.

(b) The word "hotel", as used in this subdivision, has the meaning given in section
299F.391.

Sec. 2.

Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Hotel. new text end

new text begin "Hotel" means any building, or portion thereof, containing six or more
guest rooms intended or designed to be used, or which are used, rented, or hired out to be
occupied, or which are occupied for sleeping purposes by guests.
new text end

Sec. 3.

Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Lodging house. new text end

new text begin "Lodging house" means any building, or portion thereof,
containing not more than five guest rooms which are used or are intended to be used for
sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.
new text end

Sec. 4.

Minnesota Statutes 2022, section 299F.51, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end Every deleted text begin single family deleted text end new text begin single-family new text end dwelling and every
dwelling unit in a multifamily dwelling must have an approved and operational carbon
monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.

new text begin (b) Every guest room in a hotel or lodging house must have an approved and operational
carbon monoxide alarm installed in each room lawfully used for sleeping purposes.
new text end

Sec. 5.

Minnesota Statutes 2022, section 299F.51, subdivision 2, is amended to read:

Subd. 2.

Owner's duties.

new text begin (a) new text end The owner of a multifamily dwelling unit which is required
to be equipped with one or more approved carbon monoxide alarms must:

(1) provide and install one approved and operational carbon monoxide alarm within ten
feet of each room lawfully used for sleeping; and

(2) replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy of the dwelling unit and which
has not been replaced by the prior occupant prior to the commencement of a new occupancy
of a dwelling unit.

new text begin (b) The owner of a hotel or lodging house which is required to be equipped with one or
more approved carbon monoxide alarms must:
new text end

new text begin (1) provide and install one approved and operational carbon monoxide alarm in each
room lawfully used for sleeping; and
new text end

new text begin (2) replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy and which has not been replaced
by the prior occupant prior to the commencement of a new occupancy of a hotel guest room
or lodging house.
new text end

Sec. 6.

Minnesota Statutes 2022, section 299F.51, subdivision 5, is amended to read:

Subd. 5.

Exceptions; certain multifamily dwellings and state-operated facilities.

(a)
In lieu of requirements of subdivision 1, multifamily dwellings may have approved and
operational carbon monoxide deleted text begin alarms deleted text end new text begin detectors new text end installed between 15 and 25 feet of carbon
monoxide-producing central fixtures and equipment, provided there is a centralized alarm
system or other mechanism for responsible parties to hear the alarm at all times.

(b) An owner of a multifamily dwelling that contains minimal or no sources of carbon
monoxide may be exempted from the requirements of subdivision 1, provided that such
owner certifies to the commissioner of public safety that such multifamily dwelling poses
no foreseeable carbon monoxide risk to the health and safety of the dwelling units.

(c) The requirements of this section do not apply to facilities owned or operated by the
state of Minnesota.

Sec. 7.

Minnesota Statutes 2022, section 299F.51, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Safety warning. new text end

new text begin A first violation of this section shall not result in a penalty,
but is punishable by a safety warning. A second or subsequent violation is a petty
misdemeanor.
new text end