HF 853

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the state building code; requiring fire 
  1.3             sprinklers in newly constructed state-owned buildings; 
  1.4             clarifying the responsibility for plan review and 
  1.5             inspection of fire suppression systems; requiring 
  1.6             joint approval for state building and fire codes; 
  1.7             clarifying the supervision of the state fire marshal; 
  1.8             requiring joint approval of construction documents by 
  1.9             building and fire officials; modifying supervisory 
  1.10            control over local building officials; creating an 
  1.11            appeals process for building code requirements; 
  1.12            allowing local municipalities to adopt more 
  1.13            restrictive sprinkler ordinances; amending Minnesota 
  1.14            Statutes 1998, sections 16B.31, by adding a 
  1.15            subdivision; 16B.61, subdivisions 1a, 2, and by adding 
  1.16            subdivisions; 16B.65, subdivision 5, and by adding a 
  1.17            subdivision; 16B.67; and 299F.011, subdivision 4. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1998, section 16B.31, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 1a.  [FIRE SUPPRESSION REQUIRED.] The commissioner 
  1.22  shall ensure that all newly constructed state buildings 
  1.23  exceeding 2,500 square feet in size, state buildings undergoing 
  1.24  renovation involving an increase in size, state buildings that 
  1.25  are undergoing a change in their occupancy use group, and all 
  1.26  new state buildings used for sleeping purposes are protected 
  1.27  with a fire sprinkler system in compliance with the state 
  1.28  building code.  For purposes of this subdivision, "state 
  1.29  building" means a building owned by the state and under the 
  1.30  control of the commissioner, the Minnesota state colleges and 
  1.31  universities system, and other state agencies.  In situations 
  2.1   where the commissioner feels that a fire sprinkler system is an 
  2.2   unreasonable expense, the commissioner may appeal this issue in 
  2.3   accordance with section 299F.011, subdivision 5. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 16B.61, 
  2.5   subdivision 1a, is amended to read: 
  2.6      Subd. 1a.  [ADMINISTRATION BY COMMISSIONER.] The 
  2.7   commissioner shall administer and enforce the state building 
  2.8   code as a municipality with respect to public buildings and 
  2.9   state licensed facilities in the state.  The commissioner shall 
  2.10  establish appropriate permit, plan review, and inspection fees 
  2.11  for public buildings and state licensed facilities.  Fees and 
  2.12  surcharges for public buildings and state licensed facilities 
  2.13  must be remitted to the commissioner, who shall deposit them in 
  2.14  the state treasury for credit to the special revenue fund. 
  2.15     Municipalities other than the state having a contractual 
  2.16  agreement with the commissioner for code administration and 
  2.17  enforcement service for public buildings and state licensed 
  2.18  facilities shall charge their customary fees, including 
  2.19  surcharge, to be paid directly to the contractual jurisdiction 
  2.20  by the applicant seeking authorization to construct a public 
  2.21  building or a state licensed facility.  The commissioner shall 
  2.22  contract with a municipality other than the state for plan 
  2.23  review, code administration, and code enforcement service for 
  2.24  public buildings and state licensed facilities in the 
  2.25  contractual jurisdiction if the building officials of the 
  2.26  municipality meet the requirements of section 16B.65 and wish to 
  2.27  provide those services and if the commissioner determines that 
  2.28  the municipality has enough adequately trained and qualified 
  2.29  building inspectors to provide those services for the 
  2.30  construction project. 
  2.31     The commissioner shall administer and enforce the 
  2.32  provisions of the code relating to elevators statewide, except 
  2.33  as provided for under section 16B.747, subdivision 3. 
  2.34     The commissioner shall contract with the state fire marshal 
  2.35  for the plan review and inspection of fire sprinkler systems 
  2.36  under chapter 299M.  Permit fees for fire sprinkler installation 
  3.1   must be deducted from the cost of permits paid to the 
  3.2   commissioner.  The permit fees must be paid to the state fire 
  3.3   marshal or municipalities in accordance with sections 299M.04 
  3.4   and 299M.07. 
  3.5      Sec. 3.  Minnesota Statutes 1998, section 16B.61, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 1b.  [COORDINATION WITH CERTAIN BODIES.] The 
  3.8   commissioner shall coordinate adoption of the state building 
  3.9   code with the state fire marshal and shall incorporate fire 
  3.10  protection recommendations made by the state fire marshal into 
  3.11  the state building code.  If the commissioner and state fire 
  3.12  marshal cannot agree on the fire protection provisions of the 
  3.13  code, the issue must be presented to an administrative law judge 
  3.14  who has the authority to render a binding decision.  The costs 
  3.15  for an administrative law judge must be shared equally by the 
  3.16  agencies involved. 
  3.17     Sec. 4.  Minnesota Statutes 1998, section 16B.61, 
  3.18  subdivision 2, is amended to read: 
  3.19     Subd. 2.  [ENFORCEMENT BY CERTAIN BODIES.] Under the 
  3.20  direction and supervision of the commissioner, the provisions of 
  3.21  the code relating to electrical installations shall be enforced 
  3.22  by the state board of electricity, pursuant to the Minnesota 
  3.23  Electrical Act, the provisions relating to plumbing shall be 
  3.24  enforced by the commissioner of health, the provisions relating 
  3.25  to the Minnesota Uniform Fire Code shall be enforced by the 
  3.26  state fire marshal, the provisions relating to high pressure 
  3.27  steam piping and appurtenances shall be enforced by the 
  3.28  department of labor and industry.  Fees for inspections 
  3.29  conducted by the state board of electricity shall be paid in 
  3.30  accordance with the rules of the state board of electricity.  
  3.31     Sec. 5.  Minnesota Statutes 1998, section 16B.61, is 
  3.32  amended by adding a subdivision to read: 
  3.33     Subd. 2a.  [FIRE SAFETY.] The commissioner shall consult 
  3.34  with the state fire marshal or local fire official on provisions 
  3.35  of the code relating to fire protection.  For the purposes of 
  3.36  this subdivision, fire protection provisions include fire 
  4.1   protection systems and equipment, fire-resistant materials and 
  4.2   construction, interior finishes, life safety, means of egress, 
  4.3   and special occupancy uses.  The commissioner and appropriate 
  4.4   state or local fire official must arrive at agreement and 
  4.5   provide mutual written approval for all building permits, 
  4.6   proposed fire protection equivalencies, and certificates of 
  4.7   occupancy.  The approval required by this subdivision or a 
  4.8   written denial stating the reasons for the denial must be 
  4.9   provided within ten working days of the request. 
  4.10     If the commissioner and the appropriate fire official are 
  4.11  not able to resolve the conflicts, the issue must be presented 
  4.12  to an administrative law judge who shall render a binding 
  4.13  decision. The costs for an administrative law judge must be 
  4.14  shared equally by the agencies involved.  This subdivision does 
  4.15  not apply to single-family or two-family residential buildings. 
  4.16     Sec. 6.  Minnesota Statutes 1998, section 16B.65, 
  4.17  subdivision 5, is amended to read: 
  4.18     Subd. 5.  [DISCIPLINE OR REMOVAL FROM OFFICE.] Except as 
  4.19  otherwise provided for by law The commissioner may, upon notice 
  4.20  and hearing, direct the discipline or dismissal of a building 
  4.21  official when it appears to the commissioner by competent 
  4.22  evidence that the building official has consistently failed to 
  4.23  act in the public interest in the performance of duties.  For 
  4.24  the purpose of this subdivision, "failed to act in the public 
  4.25  interest" includes failure to administer the safety provisions 
  4.26  of the state building code, inconsistent application of the 
  4.27  state building code, failure to accept appeals issued by the 
  4.28  commissioner, failure to meet the continuing education 
  4.29  requirements, and failure to comply with disciplinary actions 
  4.30  imposed by the commissioner.  Discipline can include warning 
  4.31  letters, suspension of the building official's certification, 
  4.32  and removal from office based on the severity and frequency of 
  4.33  the actions.  Notice must be provided and the hearing conducted 
  4.34  in accordance with the provisions of chapter 14 governing 
  4.35  contested case proceedings.  Nothing in this subdivision limits 
  4.36  or otherwise affects the authority of a municipality to dismiss 
  5.1   or suspend a building official at its discretion, except as 
  5.2   otherwise provided for by law.  
  5.3      Sec. 7.  Minnesota Statutes 1998, section 16B.65, is 
  5.4   amended by adding a subdivision to read: 
  5.5      Subd. 8.  [FIRE SAFETY.] The building official shall 
  5.6   consult with the state fire marshal or local fire official on 
  5.7   provisions of the code relating to fire protection.  For the 
  5.8   purposes of this subdivision, fire protection provisions include 
  5.9   fire protection systems and equipment, fire-resistant materials 
  5.10  and construction, interior finishes, life safety, means of 
  5.11  egress, and special occupancy uses.  The building official and 
  5.12  appropriate state or local fire official must arrive at 
  5.13  agreement and provide mutual written approval for all building 
  5.14  permits, proposed fire protection equivalencies, and 
  5.15  certificates of occupancy. 
  5.16     The approval required by this subdivision or a written 
  5.17  denial stating the reasons for the denial must be provided 
  5.18  within ten working days of the request.  This subdivision does 
  5.19  not apply to single-family or two-family residential buildings. 
  5.20     Sec. 8.  Minnesota Statutes 1998, section 16B.67, is 
  5.21  amended to read: 
  5.22     16B.67 [APPEALS.] 
  5.23     Subdivision 1.  [NOTICES AND ORDERS.] All building code 
  5.24  orders must be provided to the owner, design professional, or 
  5.25  contractor in writing.  The notice must contain a statement 
  5.26  explaining the right to appeal the orders. 
  5.27     Subd. 2.  [APPEALS.] A person aggrieved by the final 
  5.28  decision of any municipality state or municipal building code 
  5.29  official as to the application of the code, including any rules 
  5.30  adopted under sections 471.465 to 471.469, may, within 180 days 
  5.31  of the decision, appeal to the commissioner.  Appellant shall 
  5.32  submit a nonrefundable fee of $70, payable to the commissioner, 
  5.33  with the request for appeal.  An appeal must be heard as a 
  5.34  contested case under chapter 14.  The commissioner shall 
  5.35  establish a board of appeals consisting of persons with building 
  5.36  and fire code expertise to hear such matters and to make 
  6.1   recommendations to the commissioner.  The commissioner shall 
  6.2   submit written findings to the parties.  The party not 
  6.3   prevailing shall pay the costs of the contested case hearing, 
  6.4   including fees charged by the office of administrative hearings 
  6.5   and the expense of transcript preparation.  Costs under this 
  6.6   section do not include attorney fees.  Any person aggrieved by a 
  6.7   ruling of the commissioner may appeal in accordance with chapter 
  6.8   14.  For the purpose of this section "any person aggrieved" 
  6.9   includes the council on disability.  No fee or costs shall be 
  6.10  required when the council on disability is the appellant. 
  6.11     Sec. 9.  Minnesota Statutes 1998, section 299F.011, 
  6.12  subdivision 4, is amended to read: 
  6.13     Subd. 4.  [APPLICABILITY; LOCAL AUTHORITY.] The Uniform 
  6.14  Fire Code shall be applicable throughout the state and in all 
  6.15  political subdivisions and municipalities therein.  However, 
  6.16  nothing in this subdivision shall prohibit a local unit of 
  6.17  government otherwise authorized by law from adopting or 
  6.18  enforcing any ordinance or regulation which specifies 
  6.19  requirements equal to, in addition to, or more stringent than 
  6.20  the requirements of the Uniform Fire Code.  Any ordinance or 
  6.21  regulation adopted by a local unit which differs from the 
  6.22  Uniform Fire Code must be directly related to the safeguarding 
  6.23  of life and property from the hazards of fire, must be uniform 
  6.24  for each class or kind of building covered, and may not exceed 
  6.25  the applicable requirements of the Uniform Building Code adopted 
  6.26  pursuant to sections 16B.59 to 16B.73.  Notwithstanding the 
  6.27  requirements of this section, a local unit of government may 
  6.28  adopt and enforce ordinances or regulations for fire suppression 
  6.29  systems which are more restrictive than those found in the state 
  6.30  building code.  Copies of local ordinances or regulations for 
  6.31  fire suppression systems exceeding the state building code must 
  6.32  be filed with the state fire marshal and available for public 
  6.33  review.