HF 539

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/12/2015 03:41pm

A bill for an act
relating to building codes; prohibiting adoption of building codes more
frequently than once every five years; providing for public notice of adopted
rules; amending Minnesota Statutes 2014, sections 326B.106, subdivision 1;
326B.13, subdivision 8.

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

Section 1.

Minnesota Statutes 2014, section 326B.106, subdivision 1, is amended to
read:

Subdivision 1.

Adoption of code.

new text begin (a) new text end Subject to new text begin paragraph (c) and new text end 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.

new text begin (b) new text end 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.

new text begin (c) The commissioner shall not adopt a model building code more frequently than
once every five years. The commissioner may adopt amendments to the current adopted
code prior to the adoption of a new model code if necessary to advance construction
methods or materials that improve the health, safety, efficiency, or use of buildings.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to all
model code adoptions beginning with the 2018 model building code.
new text end

Sec. 2.

Minnesota Statutes 2014, section 326B.13, subdivision 8, is amended to read:

Subd. 8.

Effective date of rules.

A rule to adopt or amend the State Building Code is
effective deleted text begin 180 deleted text end new text begin 270 new text end days after publication of the rule's notice of adoption in the State Register.
The rule may provide for a later effective date. The rule may provide for an earlier effective
date if the commissioner deleted text begin or board deleted text end proposing the rule finds that an earlier effective date is
necessary to protect public health and safety after considering, among other things, the need
for time for training of individuals to comply with and enforce the rule. new text begin The commissioner
must publish an electronic version of the entire adopted rule chapter on the department's
Web site within ten days of receipt from the revisor of statutes. The commissioner shall
clearly indicate the effective date of the rule on the department's Web site.
new text end