1.1 	A bill for an act
1.2 	relating to public safety; modifying provision governing variances to Uniform 
1.3 	Fire Code;amending Minnesota Statutes 2004, section 299F.011, subdivision 5.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to 
1.6 	read:
1.7 		Subd. 5.Appeal policy; variance. Upon application, the state fire marshal may 
1.8 	grant variances from the minimum requirements specified in the code if there is substantial 
1.9 	compliance with the provisions of the code, the safety of the public and occupants of 
1.10 	such building will not be jeopardized, and undue hardship will result to the applicant 
1.11 	unless such variance is granted. No appeal to the state fire marshal for a variance from the 
1.12 	Uniform Fire Code shall be accepted until the applicant has first made application to the 
1.13 	local governing body and the local unit has acted on the application. The state fire marshal 
1.14 	shall consider the decision any decisions or recommendations of the local governing body. 
1.15 	Any person aggrieved by a decision made by the fire marshal under this subdivision 
1.16 	may proceed before the fire marshal as with a contested case in accordance with the 
1.17 	Administrative Procedure Act.