HF 4089

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:56pm

A bill for an act
relating to the State Fire Code; establishing fire life safety damper testing;
authorizing rulemaking; proposing coding for new law in Minnesota Statutes,
chapter 299F.

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

Section 1.

new text begin [299F.49] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin As used in sections 299F.49 and 299F.491, the terms defined in
this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Approved skill training program or program. new text end

new text begin "Approved skill training
program" or "program" means a Class A apprenticeship training program that is registered
with and approved by the United States Department of Labor or the commissioner of labor
and industry involving at least 8,000 hours of documented practical experience in the
installation, maintenance, and servicing of HVAC systems and providing both apprenticeship
training and training to upgrade skills of journeypersons in the skills of the HVAC industry,
including those relating to fire safety equipment.
new text end

new text begin Subd. 3. new text end

new text begin Building. new text end

new text begin "Building" means a building equipped with fire life safety dampers,
a smoke control system, or an HVAC duct system that contains fire life safety dampers or
is part of a smoke control system. Building does not include single family residential
buildings or multifamily buildings with four or fewer units.
new text end

new text begin Subd. 4. new text end

new text begin Combination fire smoke damper. new text end

new text begin "Combination fire smoke damper" means
a device that meets both the fire damper and smoke damper requirements.
new text end

new text begin Subd. 5. new text end

new text begin Dedicated smoke control system. new text end

new text begin "Dedicated smoke control system" means
a smoke control system and components that are installed for the sole purpose of providing
smoke control and that upon activation of the systems operate specifically to perform the
smoke control function.
new text end

new text begin Subd. 6. new text end

new text begin Fire damper. new text end

new text begin "Fire damper" means a device installed in an air distribution
system that is designed to close automatically upon detection of heat, to interrupt migratory
airflow and to restrict the passage of flame. Fire damper includes devices installed in air
conditioning systems to close automatically upon detection of heat, to interrupt migratory
airflow, and to restrict the passage of flames. A fire damper also includes a combination
fire smoke damper.
new text end

new text begin Subd. 7. new text end

new text begin Fire life safety dampers. new text end

new text begin "Fire life safety dampers" means all fire dampers,
smoke dampers, and combination fire and smoke dampers.
new text end

new text begin Subd. 8. new text end

new text begin Fire life safety damper testing. new text end

new text begin "Fire life safety damper testing" means testing
and inspection activities, including all physical, visual, and operational tests necessary to
ensure the complete opening, closing, and the proper functioning of fire life safety dampers
as required by the IFC, NFPA 80, NFPA 105, and applicable engineering specifications.
new text end

new text begin Subd. 9. new text end

new text begin HVAC. new text end

new text begin "HVAC" means heating, ventilation, and air conditioning.
new text end

new text begin Subd. 10. new text end

new text begin ICB. new text end

new text begin "ICB" means the International Certification Board.
new text end

new text begin Subd. 11. new text end

new text begin IFC. new text end

new text begin "IFC" means the International Fire Code.
new text end

new text begin Subd. 12. new text end

new text begin Independent contractor. new text end

new text begin "Independent contractor" means a company that is
not owned or managed by the building owner, or an immediate family member of the
building owner, of the building being inspected and includes any subsidiary companies of
the independent contractor.
new text end

new text begin Subd. 13. new text end

new text begin ISO/IEC 17024. new text end

new text begin "ISO/IEC 17024" means the International Organization for
Standardization/International Electrotechnical Commission 17024 international standard
for Conformity Assessment - General Requirements for Bodies Operating Certification of
Persons.
new text end

new text begin Subd. 14. new text end

new text begin NFPA. new text end

new text begin "NFPA" means the National Fire Protection Association.
new text end

new text begin Subd. 15. new text end

new text begin NFPA 80. new text end

new text begin "NFPA 80" means the current adopted version of the Standard for
Fire Doors and Other Opening Protectives.
new text end

new text begin Subd. 16. new text end

new text begin NFPA 105. new text end

new text begin "NFPA 105" means the current adopted version of the Standard
for Smoke Door Assemblies and Other Opening Protectives.
new text end

new text begin Subd. 17. new text end

new text begin NFPA 92. new text end

new text begin "NFPA 92" means the current version of the Standard for Smoke
Control Systems.
new text end

new text begin Subd. 18. new text end

new text begin Nondedicated smoke control system. new text end

new text begin "Nondedicated smoke control system"
means a smoke control system that shares components with some other system, such as the
building HVAC system, that changes its mode of operation to achieve the smoke-control
objective.
new text end

new text begin Subd. 19. new text end

new text begin Qualified fire smoke damper inspector. new text end

new text begin "Qualified fire smoke damper
inspector" means:
new text end

new text begin (1) an authorized state or local fire department personnel; or
new text end

new text begin (2) a technician certified by the ICB as a fire smoke damper technician or through an
equivalent certification program accredited under the ISO/IEC 17024 personnel certification.
The technician must be employed by an independent contractor that provides fire life safety
damper inspection services and shall:
new text end

new text begin (i) maintain current workers' compensation insurance coverage;
new text end

new text begin (ii) hold an ICB Fire and smoke damper contractor certification, or equivalent
certification, from an organization that has been accredited under the ISO/IEC 17024
Personnel Certification standard in fire life safety damper inspections; and
new text end

new text begin (iii) participate in an approved skill training program.
new text end

new text begin Subd. 20. new text end

new text begin Qualified smoke control system inspector. new text end

new text begin "Qualified smoke control system
inspector" means:
new text end

new text begin (1) an authorized state or local fire department personnel; or
new text end

new text begin (2) a technician certified by ICB as a smoke control systems technician or through an
equivalent certification program accredited under the ISO/IEC 17024 personnel certification.
A smoke control systems technician shall also be a TABB technician certified by the
Associated Air Balance Council, the National Environmental Balancing Bureau, or the
Testing, Adjusting and Balancing Bureau. The technicians must be employed by an
independent contractor that provides fire life safety damper testing services. The independent
contractor must:
new text end

new text begin (i) maintain current workers' compensation insurance coverage;
new text end

new text begin (ii) hold an ICB smoke control system contractor certification or equivalent certification
from an organization that has been accredited under the ISO/IEC 17024 Personnel
Certification standard in smoke control systems inspections; and
new text end

new text begin (iii) participate in an approved skill training program.
new text end

new text begin Subd. 21. new text end

new text begin Smoke control system. new text end

new text begin "Smoke control system" means an engineered system
that includes all methods that can be used singly or in combination to modify smoke
movement, including engineered systems that use mechanical fans to produce pressure
differences across smoke barriers to inhibit smoke movement.
new text end

new text begin Subd. 22. new text end

new text begin Smoke damper. new text end

new text begin "Smoke damper" means a device within an air distribution
system to control the movement of smoke. Smoke damper includes devices installed in air
conditioning systems to control the movement of smoke. A smoke damper also includes a
combination fire smoke damper.
new text end

new text begin Subd. 23. new text end

new text begin Subsidiary. new text end

new text begin "Subsidiary" means any corporation or other organization, whether
incorporated or unincorporated, in which the company owns, directly or indirectly, any
equity or other ownership interest.
new text end

Sec. 2.

new text begin [299F.491] FIRE LIFE SAFETY DAMPER SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin The owner of a building shall establish a fire life safety
damper and smoke control system inspection verification program to ensure that fire life
safety dampers and smoke control systems are in working order to prevent the spread of
fire and smoke throughout a building.
new text end

new text begin Subd. 2. new text end

new text begin Required testing. new text end

new text begin (a) All owners of buildings are responsible for ensuring that
newly installed fire life safety dampers are subject to fire life safety damper testing under
this section or under rules adopted by the state fire marshal before use is permitted.
new text end

new text begin (b) The testing of fire life safety dampers must include the visual inspection method in
accordance with NFPA 80 and NFPA 105.
new text end

new text begin (c) Once installed, a building owner must periodically inspect and test fire life safety
dampers no less than once after the first year of installation, and once every four years
thereafter, except for hospitals. In hospitals, the building owner must inspect and test fire
life safety dampers no less than once after the first year of installation and once every six
years thereafter. The periodic testing of fire life safety dampers must include the visual
inspection method in accordance with NFPA 80 and NFPA 105. The remote inspection
method, as defined in NFPA 80 and NFPA 105 must not be used in place of visual inspection
for the periodic testing required under this subdivision. All fire and smoke dampers must
be tested as required under this section regardless of location.
new text end

new text begin Subd. 3. new text end

new text begin Required qualifications of individual testers of fire smoke dampers. new text end

new text begin (a)
The state fire marshal shall establish and administer a program to review and approve
third-party inspection training and certification programs to ensure conformance to the
minimum qualifications under this section.
new text end

new text begin (b) Inspections and tests under this section must be performed by a qualified inspector.
For the purposes of this section, a "qualified inspector" means:
new text end

new text begin (1) authorized state or local fire department personnel; or
new text end

new text begin (2) qualified fire smoke damper inspector.
new text end

new text begin Subd. 4. new text end

new text begin Required testing of smoke control systems. new text end

new text begin (a) A building owner is responsible
for ensuring that smoke control systems under this section are tested for acceptance as
required by the applicable NFPA standards referenced in this section or as set forth in rules
adopted by the state fire marshal.
new text end

new text begin (b) Once installed, the building owner must periodically inspect and test smoke control
systems at the following intervals:
new text end

new text begin (1) dedicated smoke control systems shall be tested at least semiannually; and
new text end

new text begin (2) nondedicated smoke control systems shall be tested at least annually.
new text end

new text begin (c) Testing of smoke control systems shall include tests to determine that airflow
quantities and pressure differences are code compliant, including at the following locations:
new text end

new text begin (1) across smoke barrier openings;
new text end

new text begin (2) at the air makeup supplies; and
new text end

new text begin (3) at smoke exhaust equipment.
new text end

new text begin Subd. 5. new text end

new text begin Required qualifications of individual testers of smoke control systems. new text end

new text begin (a)
The state fire marshal shall establish and administer a program to review and approve
third-party inspection training and certification programs to ensure conformance to the
minimum qualifications set forth in this section.
new text end

new text begin (b) Inspections and tests under this section shall be performed by a qualified inspector.
For the purposes of this section, qualified inspector means:
new text end

new text begin (1) authorized state or local fire department personnel; or
new text end

new text begin (2) a qualified smoke control system inspector.
new text end

new text begin Subd. 6. new text end

new text begin Certificate of operation. new text end

new text begin (a) If the fire life safety dampers, smoke control
systems, or HVAC duct system that contains a fire life safety damper or is part of a smoke
control system pass the applicable inspections and tests, the person performing the inspection
or test shall execute a certificate of operation verifying compliance with this section. The
certificate of operation shall provide the following information:
new text end

new text begin (1) the name and certification number of the individual conducting the inspection or
test;
new text end

new text begin (2) the name of the inspector's employer;
new text end

new text begin (3) the name of the building owner and address of the property;
new text end

new text begin (4) the location of all smoke dampers, fire dampers, combination fire/smoke dampers,
and smoke control systems inspected or tested; and
new text end

new text begin (5) the date of the inspection or test.
new text end

new text begin (b) The building owner shall maintain a copy of the certificate of operation on the building
property and make the certificate available for inspection upon request.
new text end

new text begin Subd. 7. new text end

new text begin Testing failures. new text end

new text begin (a) In the event an inspection or test reveals deficiencies in
fire life safety dampers or smoke control systems, the person who conducted the inspection
or test shall prepare a deficiency report for the building owner identifying the nature of the
deficiency and reasons for noncompliance. The deficiency report shall also contain the name
and certification number of the individual conducting the inspection or test and that person's
employer; the name of the building owner; address of the property; the location of all fire
dampers, smoke dampers, combination fire smoke dampers, and smoke control systems
inspected or tested; and the date of the inspection or test. The building owner shall take the
necessary steps to ensure the defective equipment is replaced or repaired and that compliance
with the applicable inspection and testing requirements have been achieved. A building
owner who does not comply within 30 days is in violation of this section.
new text end

new text begin (b) The building owner shall post a notice of verification of the testing and inspection
of fire life safety dampers and smoke control systems in the outside lobby window of the
building or other area clearly visible to the public. The verification shall state the address
of the building and the date of the last fire life safety damper inspection, smoke control
system inspection, and the date that each inspection expires.
new text end

new text begin Subd. 8. new text end

new text begin Submissions and inspections. new text end

new text begin (a) Building owners shall submit copies of
operation certificates to the state fire marshal documenting compliance with the testing
requirements of this section within 30 days of obtaining certificates of operation. The state
fire marshal shall commence enforcement actions for any instance of noncompliance.
new text end

new text begin (b) When the state fire marshal conducts an annual fire inspection of any building, it
shall inspect the building owner's fire life safety dampers, smoke control systems, and
HVAC duct system that contain a fire life safety damper or is part of a smoke control system
control system certificate of operation to ensure it complies with the requirements of this
section and commence enforcement actions if violations are found.
new text end

new text begin Subd. 9. new text end

new text begin Enforcement and penalties. new text end

new text begin The state fire marshal shall assess a $100 civil
penalty for each day of noncompliance to any building owner in violation of this section.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act takes effect the day following enactment of administrative rules to review and
approve third-party inspection training and certification programs by the state fire marshal
or July 1, 2025, whichever occurs first.
new text end