HF 3574

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to the State Building Code; regulating the application and enforcement 1.3of the State Building Code; modifying continuing education course content for 1.4residential contractors and remodelers; requiring commercial general liability 1.5insurance for licensees; authorizing Duluth Entertainment and Convention 1.6Center Authority to enter contract for construction work on entertainment 1.7and convention center;amending Minnesota Statutes 2006, sections 16B.616, 1.8subdivision 4; 16B.62; 16B.71; Minnesota Statutes 2007 Supplement, sections 1.916B.61, subdivision 3; 16B.735; 326.87, subdivision 5; 326.94, subdivision 2; 1.10repealing Minnesota Statutes 2007 Supplement, sections 16B.72; 16B.73. 1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12    Section 1. Minnesota Statutes 2007 Supplement, section 16B.61, subdivision 3, is 1.13amended to read: 1.14    Subd. 3. Special requirements. (a) Space for commuter vans. The code must 1.15require that any parking ramp or other parking facility constructed in accordance with the 1.16code include an appropriate number of spaces suitable for the parking of motor vehicles 1.17having a capacity of seven to 16 persons and which are principally used to provide 1.18prearranged commuter transportation of employees to or from their place of employment 1.19or to or from a transit stop authorized by a local transit authority. 1.20    (b) Smoke detection devices. The code must require that all dwellings, lodging 1.21houses, apartment houses, and hotels as defined in section 299F.362 comply with the 1.22provisions of section 299F.362. 1.23    (c) Doors in nursing homes and hospitals. The State Building Code may not 1.24require that each door entering a sleeping or patient's room from a corridor in a nursing 1.25home or hospital with an approved complete standard automatic fire extinguishing system 1.26be constructed or maintained as self-closing or automatically closing. 2.1    (d) Child care facilities in churches; ground level exit. A licensed day care center 2.2serving fewer than 30 preschool age persons and which is located in a belowground space 2.3in a church building is exempt from the State Building Code requirement for a ground 2.4level exit when the center has more than two stairways to the ground level and its exit. 2.5    (e) Family and group family day care. Until the legislature enacts legislation 2.6specifying appropriate standards, the definition of dwellings constructed in accordance 2.7with the International Residential Code as adopted as part of the State Building Code 2.8applies to family and group family day care homes licensed by the Department of Human 2.9Services under Minnesota Rules, chapter 9502. 2.10    (f) Enclosed stairways. No provision of the code or any appendix chapter of the 2.11code may require stairways of existing multiple dwelling buildings of two stories or 2.12less to be enclosed. 2.13    (g) Double cylinder dead bolt locks. No provision of the code or appendix chapter 2.14of the code may prohibit double cylinder dead bolt locks in existing single-family homes, 2.15townhouses, and first floor duplexes used exclusively as a residential dwelling. Any 2.16recommendation or promotion of double cylinder dead bolt locks must include a warning 2.17about their potential fire danger and procedures to minimize the danger. 2.18    (h) Relocated residential buildings. A residential building relocated within or 2.19into a political subdivision of the state need not comply with the State Energy Code or 2.20section 326.371 provided that, where available, an energy audit is conducted on the 2.21relocated building. 2.22    (i) Automatic garage door opening systems. The code must require all residential 2.23buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82 2.24and 325F.83. 2.25    (j) Exit sign illumination. For a new building on which construction is begun 2.26on or after October 1, 1993, or an existing building on which remodeling affecting 50 2.27percent or more of the enclosed space is begun on or after October 1, 1993, the code must 2.28prohibit the use of internally illuminated exit signs whose electrical consumption during 2.29nonemergency operation exceeds 20 watts of resistive power. All other requirements in 2.30the code for exit signs must be complied with. 2.31    (k) Exterior wood decks, patios, and balconies. The code must permit the decking 2.32surface and upper portions of exterior wood decks, patios, and balconies to be constructed 2.33of (1) heartwood from species of wood having natural resistance to decay or termites, 2.34including redwood and cedars, (2) grades of lumber which contain sapwood from species 2.35of wood having natural resistance to decay or termites, including redwood and cedars, or 2.36(3) treated wood. The species and grades of wood products used to construct the decking 3.1surface and upper portions of exterior decks, patios, and balconies must be made available 3.2to the building official on request before final construction approval. 3.3    (l) Bioprocess piping and equipment. No permit fee for bioprocess piping may be 3.4imposed by municipalities under the State Building Code, except as required under section 3.5326.47, subdivision 1 . Permits for bioprocess piping shall be according to section 326.47 3.6administered by the Department of Labor and Industry. All data regarding the material 3.7production processes, including the bioprocess system's structural design and layout, are 3.8nonpublic data as provided by section 13.7911. 3.9     new text begin (m) new text end new text begin Use of ungraded lumber. new text end new text begin The code must allow the use of ungraded lumber in new text end 3.10 new text begin geographic areas of the state where the code did not generally apply as of April 1, 2008, to new text end 3.11 new text begin the same extent that ungraded lumber could be used in that area before April 1, 2008. new text end 3.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 3.13 new text begin and the use of ungraded lumber is allowed under paragraph (m) on and after that date new text end 3.14 new text begin regardless of whether the code is amended to conform with paragraph (m). new text end 3.15    Sec. 2. Minnesota Statutes 2006, section 16B.616, subdivision 4, is amended to read: 3.16    Subd. 4. Enforcement. (a) A statutory or home rule charter city that is not covered 3.17by the code because of action taken under section or new text begin does not have in new text end 3.18 new text begin effect an ordinance adopting the State Building Code new text end is responsible for enforcement in the 3.19city of the code's requirements for bleacher safety. In all other areas where the code does 3.20not apply because of action taken under section or new text begin there is no ordinance new text end 3.21 new text begin in effect adopting the State Building Code new text end , the county is responsible for enforcement of 3.22those new text begin the code's new text end requirements new text begin for bleacher safety new text end . 3.23(b) Municipalities that have not adopted the code may enforce the code requirements 3.24for bleacher safety by either entering into a joint powers agreement for enforcement 3.25with another municipality that has adopted the code or contracting for enforcement with 3.26a qualified and certified building official or state licensed design professional to enforce 3.27the code. 3.28(c) Municipalities, school districts, organizations, individuals, and other persons 3.29operating or owning places of public accommodation with bleachers that are subject to the 3.30safety requirements in subdivision 3 shall provide a signed certification of compliance 3.31to the commissioner by January 1, 2002. For bleachers subject to the exception in 3.32subdivision 3, clause (1), entities covered by this paragraph must have on file a bleacher 3.33safety management plan and amortization schedule. The certification shall be prepared by 3.34a qualified and certified building official or state licensed design professional and shall 3.35certify that the bleachers have been inspected and are in compliance with the requirements 4.1of this section and are structurally sound. For bleachers owned by a school district or 4.2nonpublic school, the person the district or nonpublic school designates to be responsible 4.3for buildings and grounds may make the certification. 4.4    Sec. 3. Minnesota Statutes 2006, section 16B.62, is amended to read: 4.516B.62 STATE BUILDING CODE; APPLICATION new text begin AND ENFORCEMENT new text end . 4.6    Subdivision 1. Municipal enforcement. The State Building Code applies statewide 4.7and supersedes the building code of any municipality. A municipality must not by 4.8ordinance or through development agreement require building code provisions regulating 4.9components or systems of any residential structure that are different from any provision 4.10of the State Building Code. A municipality may, with the approval of the state building 4.11official, adopt an ordinance that is more restrictive than the State Building Code where 4.12geological conditions warrant a more restrictive ordinance. A municipality may appeal 4.13the disapproval of a more restrictive ordinance to the commissioner. An appeal under 4.14this subdivision is subject to the schedule, fee, procedures, cost provisions, and appeal 4.15rights set out in section . The State Building Code does not apply to agricultural 4.16buildings except with respect to state inspections required or rulemaking authorized 4.17by sections , 216C.19, subdivision 8, and . All municipalities shall 4.18adopt and enforce the State Building Code with respect to new construction within their 4.19respective jurisdictions. 4.20If a city has adopted or is enforcing the State Building Code on June 3, 1977, or 4.21determines by ordinance after that date to undertake enforcement, it shall enforce the 4.22code within the city. A city may by ordinance and with permission of the township 4.23board extend the enforcement of the code to contiguous unincorporated territory not 4.24more than two miles distant from its corporate limits in any direction if the code is not 4.25in effect in the territory. Where two or more noncontiguous cities which have elected to 4.26enforce the code have boundaries less than four miles apart, each is authorized to enforce 4.27the code on its side of a line equidistant between them. Once enforcement authority is 4.28extended extraterritorially by ordinance, the authority may continue to be exercised in the 4.29designated territory even though another city less than four miles distant later elects to 4.30enforce the code. After the extension, the city may enforce the code in the designated area 4.31to the same extent as if the property were situated within its corporate limits. 4.32Enforcement of the code in an extended area outside a city's corporate limits includes 4.33all rules, laws, and ordinances associated with administration of the code. 4.34A city which, on June 3, 1977, had not adopted the code may not commence 4.35enforcement of the code within or outside of its jurisdiction until it has provided written 5.1notice to the commissioner, the county auditor, and the town clerk of each town in which 5.2it intends to enforce the code. A public hearing on the proposed enforcement must be 5.3held not less than 30 days after the notice has been provided. Enforcement of the code 5.4by the city outside of its jurisdiction commences on the first day of January in the year 5.5following the notice and hearing. 5.6Municipalities may provide for the issuance of permits, inspection, and enforcement 5.7within their jurisdictions by means which are convenient, and lawful, including by means 5.8of contracts with other municipalities pursuant to section , and with qualified 5.9individuals. The other municipalities or qualified individuals may be reimbursed by 5.10retention or remission of some or all of the building permit fee collected or by other means. 5.11In areas of the state where inspection and enforcement is unavailable from qualified 5.12employees of municipalities, the commissioner shall train and designate individuals 5.13available to carry out inspection and enforcement on a fee basis. Nothing in this section 5.14prohibits a municipality from adopting ordinances relating to zoning, subdivision, or 5.15planning unless the ordinance conflicts with a provision of the State Building Code that 5.16regulates components or systems of any residential structure. 5.17     new text begin Subd. 1a. new text end new text begin Application. new text end new text begin The State Building Code is the standard that applies new text end 5.18 new text begin statewide for the construction, reconstruction, alteration, and repair of buildings and other new text end 5.19 new text begin structures of the type governed by the code. The State Building Code supersedes the new text end 5.20 new text begin building code of any municipality. The State Building Code does not apply to agricultural new text end 5.21 new text begin buildings except with respect to state inspections required or rulemaking authorized by new text end 5.22 new text begin sections 103F.141; 216C.19, subdivision 9; and 326.244. new text end 5.23     new text begin Subd. 1b. new text end new text begin Municipal enforcement. new text end new text begin (a) If, as of January 1, 2008, a municipality new text end 5.24 new text begin has in effect an ordinance adopting the State Building Code, that municipality must new text end 5.25 new text begin continue to administer and enforce the State Building Code within its jurisdiction. The new text end 5.26 new text begin municipality is prohibited from repealing its ordinance adopting the State Building Code. new text end 5.27 new text begin This paragraph does not apply to municipalities with a population of less than 2,500 new text end 5.28 new text begin according to the last federal census that are located outside of a metropolitan county, as new text end 5.29 new text begin defined in section 473.121, subdivision 4. new text end 5.30 new text begin (b) If a municipality is not required by paragraph (a) to administer and enforce the new text end 5.31 new text begin State Building Code, the municipality may choose to administer and enforce the State new text end 5.32 new text begin Building Code within its jurisdiction by adopting the code by ordinance. new text end 5.33 new text begin (c) A municipality must not by ordinance, or through development agreement, new text end 5.34 new text begin require building code provisions regulating components or systems of any structure that new text end 5.35 new text begin are different from any provision of the State Building Code. A municipality may, with new text end 5.36 new text begin the approval of the state building official, adopt an ordinance that is more restrictive new text end 6.1 new text begin than the State Building Code where geological conditions warrant a more restrictive new text end 6.2 new text begin ordinance. A municipality may appeal the disapproval of a more restrictive ordinance new text end 6.3 new text begin to the commissioner. An appeal under this subdivision is subject to the schedule, fee, new text end 6.4 new text begin procedures, cost provisions, and appeal rights set out in section 16B.67. new text end 6.5 new text begin (d) A city may by ordinance and with permission of the township board extend the new text end 6.6 new text begin administration and enforcement of the code to contiguous unincorporated territory not new text end 6.7 new text begin more than two miles distant from its corporate limits in any direction if the code is not new text end 6.8 new text begin already administered and enforced in the territory. Where two or more noncontiguous new text end 6.9 new text begin cities, which have elected to administer and enforce the code, have boundaries less than new text end 6.10 new text begin four miles apart, each is authorized to enforce the code on its side of a line equidistant new text end 6.11 new text begin between them. Once enforcement authority is extended extraterritorially by ordinance, the new text end 6.12 new text begin authority may continue to be exercised in the designated territory even though another new text end 6.13 new text begin city less than four miles distant later elects to enforce the code. After the extension, the new text end 6.14 new text begin city may enforce the code in the designated area to the same extent as if the property new text end 6.15 new text begin were situated within its corporate limits. Enforcement of the code in an extended area new text end 6.16 new text begin outside a city's corporate limits includes all rules, laws, and ordinances associated with new text end 6.17 new text begin administration of the code. new text end 6.18 new text begin (e) A city cannot commence administration and enforcement of the code outside of new text end 6.19 new text begin its jurisdiction until it has provided written notice to the commissioner, the county auditor, new text end 6.20 new text begin and the town clerk of each town in which it intends to administer and enforce the code. A new text end 6.21 new text begin public hearing on the proposed administration and enforcement must be held not less than new text end 6.22 new text begin 30 days after the notice has been provided. Administration and enforcement of the code new text end 6.23 new text begin by the city outside of its jurisdiction commences on a date determined by the city that is new text end 6.24 new text begin no less than 90 days nor more than one year after the public hearing. new text end 6.25 new text begin (f) A municipality may enforce the State Building Code by any means that are new text end 6.26 new text begin convenient and lawful, including entering into contracts with other municipalities under new text end 6.27 new text begin section 471.59 and with qualified individuals. The other municipalities or qualified new text end 6.28 new text begin individuals may be reimbursed by retention or remission of some or all of the building new text end 6.29 new text begin permit fee collected or by other means. If a municipality has no qualified employees new text end 6.30 new text begin of the municipality or other municipalities or qualified individuals available to carry new text end 6.31 new text begin out inspection and enforcement, the commissioner shall train and designate individuals new text end 6.32 new text begin available to carry out inspection and enforcement. The commissioner may be reimbursed new text end 6.33 new text begin for the inspection by retention or remission of some or all of the building permit fee new text end 6.34 new text begin collected or by other means. new text end 7.1 new text begin (g) Nothing in this subdivision prohibits a municipality from adopting ordinances new text end 7.2 new text begin relating to zoning, subdivision, or planning unless the ordinance conflicts with a provision new text end 7.3 new text begin of the State Building Code that regulates components or systems of any structure. new text end 7.4    Subd. 2. Enforcement by state building official. If the commissioner determines 7.5that a municipality new text begin that has adopted the State Building Code new text end is not properly administering 7.6and enforcing the State Building Code as provided in section new text begin code, or if the new text end 7.7 new text begin commissioner determines that any municipality that is required by subdivision 1b new text end 7.8 new text begin to enforce any provision of the State Building Code is not properly enforcing that new text end 7.9 new text begin provision new text end , the commissioner may have the administration and enforcement in the involved 7.10municipality undertaken by the state building official new text begin or by another building official new text end 7.11 new text begin certified by the state new text end . The commissioner shall notify the affected municipality in writing 7.12immediately upon making the determination, and the municipality may challenge the 7.13determination as a contested case before the commissioner pursuant to the Administrative 7.14Procedure Act. In municipalities not properly administering and enforcing the State 7.15Building Code, and in municipalities who determine not to administer and enforce the 7.16State Building Code, the commissioner shall have administration and enforcement 7.17undertaken by the state building official or by another inspector certified by the state. In 7.18carrying out administration and enforcement under this subdivision, the commissioner 7.19shall apply any optional provision of the State Building Code adopted by the municipality. 7.20A municipality adopting any optional code provision shall notify the state building official 7.21within 30 days of its adoption. The commissioner shall determine appropriate fees to be 7.22charged for the administration and enforcement service rendered. Any cost to the state 7.23arising from the state administration and enforcement of the State Building Code shall be 7.24borne by the subject municipality new text begin where a fee has been collected by the municipality new text end . 7.25    Sec. 4. Minnesota Statutes 2006, section 16B.71, is amended to read: 7.2616B.71 PERMIT FEES, TO WHOM APPLICABLE. 7.27Municipal building officials new text begin If a municipality is enforcing the State Building Code, new text end 7.28 new text begin the municipality's building official new text end shall administer and enforce the State Building 7.29Code with respect to all subject structures constructed within their new text begin the municipality's new text end 7.30jurisdiction, including all buildings constructed by municipalities other than the state, 7.31as defined in section , and the University of Minnesota. These governmental 7.32bodies shall pay the building permit fees and surcharges that the inspecting municipality 7.33customarily imposes for its administration and enforcement of the code. 8.1    Sec. 5. Minnesota Statutes 2007 Supplement, section 16B.735, is amended to read: 8.216B.735 ENFORCEMENT OF REQUIREMENTS FOR new text begin DISABLED new text end 8.3PERSONS WITH DISABILITIES. 8.4    A statutory or home rule charter city that is not covered by new text begin does not have in effect new text end 8.5 new text begin an ordinance adopting new text end the State Building Code because of action taken under section 8.6 or is responsible for enforcement in the city of the State Building Code's 8.7requirements for new text begin disabled new text end persons with disabilities. In all other areas where new text begin there is no new text end 8.8 new text begin ordinance in effect adopting new text end the State Building Code does not apply because of action 8.9taken under section or , the county is responsible for enforcement of those 8.10 new text begin the State Building Code's new text end requirements new text begin for disabled persons new text end . 8.11    Sec. 6. Minnesota Statutes 2007 Supplement, section 326.87, subdivision 5, is 8.12amended to read: 8.13    Subd. 5. Content. (a) Continuing education consists of approved courses that 8.14impart appropriate and related knowledge in the regulated industries pursuant to sections 8.15326.83 to 326.98. new text begin Courses may include relevant materials that are included in licensing new text end 8.16 new text begin exams subject to the limitations imposed in paragraph (e). new text end The burden of demonstrating 8.17that courses impart appropriate and related knowledge is upon the person seeking approval 8.18or credit. 8.19    (b) Course examinations will not be required for continuing education courses 8.20unless they are required by the sponsor. 8.21    (c) Textbooks are not required to be used for continuing education courses. If 8.22textbooks are not used, the coordinator must provide students with a syllabus containing, 8.23at a minimum, the course title, the times and dates of the course offering, the names and 8.24addresses or telephone numbers of the course coordinator and instructor, and a detailed 8.25outline of the subject materials to be covered. Any written or printed material given to 8.26students must be of readable quality and contain accurate and current information. 8.27    (d) Upon completion of an approved course, licensees shall earn one hour of 8.28continuing education credit for each hour approved by the commissioner. Each continuing 8.29education course must be attended in its entirety in order to receive credit for the number 8.30of approved hours. Courses may be approved for full or partial credit, and for more than 8.31one regulated industry. 8.32    Continuing education credit in an approved course shall be awarded to presenting 8.33instructors on the basis of one credit for each hour of preparation for the initial presentation, 8.34which may not exceed three hours total credit for each approved course. Continuing 9.1education credit may not be earned if the licensee has previously obtained credit for the 9.2same course as a licensee or as an instructor within the three years immediately prior. 9.3    (e) The following courses will not be approved for credit: 9.4    (1) courses designed solely to prepare students for a license examination; 9.5    (2) courses in mechanical office or business skills, including typing, speed reading, 9.6or other machines or equipment. Computer courses are allowed, if appropriate and related 9.7to the regulated industry of the licensee; 9.8    (3) courses in sales promotion, including meetings held in conjunction with the 9.9general business of the licensee; 9.10    (4) courses in motivation, salesmanship, psychology, time management, or 9.11communication; or 9.12    (5) courses that are primarily intended to impart knowledge of specific products of 9.13specific companies, if the use of the product or products relates to the sales promotion or 9.14marketing of one or more of the products discussed. 9.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective September 1, 2008. new text end 9.16    Sec. 7. Minnesota Statutes 2007 Supplement, section 326.94, subdivision 2, is 9.17amended to read: 9.18    Subd. 2. Insurance. Licensees must have public liability insurance with limits of 9.19at least $300,000 per occurrence, which must include at least $10,000 property damage 9.20coverage. new text begin Each licensee shall have and maintain in effect commercial general liability new text end 9.21 new text begin insurance, which includes premises and operations insurance and products and completed new text end 9.22 new text begin operations insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate new text end 9.23 new text begin limit for bodily injury, and property damage insurance with limits of at least $25,000 new text end 9.24 new text begin or a policy with a single limit for bodily injury and property damage of $300,000 per new text end 9.25 new text begin occurrence and $300,000 aggregate limits. new text end The insurance must be written by an insurer 9.26licensed to do business in this state. new text begin Each licensee shall maintain on file with the new text end 9.27 new text begin commissioner a certificate evidencing the insurance which provides that the insurance new text end 9.28 new text begin shall not be canceled without the insurer first giving 15 days' written notice of cancellation new text end 9.29 new text begin to the commissioner. new text end The commissioner may increase the minimum amount of insurance 9.30required for any licensee or class of licensees if the commissioner considers it to be in the 9.31public interest and necessary to protect the interests of Minnesota consumers. 9.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 10.1    Sec. 8. new text begin DULUTH ENTERTAINMENT AND CONVENTION CENTER new text end 10.2 new text begin AUTHORITY CONSTRUCTION CONTRACT. new text end 10.3     new text begin The Duluth Entertainment and Convention Center Authority may enter into new text end 10.4 new text begin contracts to design, construct, furnish, equip, and improve the Duluth Entertainment and new text end 10.5 new text begin Convention Center, including a new arena, and may enter into contracts that are, in its new text end 10.6 new text begin judgment, in the best interests of the public for these purposes. Notwithstanding any law new text end 10.7 new text begin to the contrary, the authority may adopt a fair and competitive design and construction new text end 10.8 new text begin procurement process determined by the authority to be in the public interest for the new text end 10.9 new text begin Duluth Entertainment and Convention Center improvements. The authority may enter new text end 10.10 new text begin into a contract that provides for a construction manager at-risk. This contracting authority new text end 10.11 new text begin applies only to the capital improvements and renovations for which appropriations were new text end 10.12 new text begin made pursuant to Laws 2008, chapter 179, section 21, subdivision 7. new text end 10.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 10.14    Sec. 9. new text begin REPEALER. new text end 10.15 new text begin Minnesota Statutes 2007 Supplement, sections 16B.72; and 16B.73, new text end new text begin are repealed. new text end