HF 276

as introduced - 89th Legislature (2015 - 2016) Posted on 01/22/2015 02:18pm

A bill for an act
relating to public safety; modifying authority for the State Fire Code; modifying
fire protection features; amending Minnesota Statutes 2014, sections 299F.011,
by adding a subdivision; 326B.103, by adding a subdivision; 326B.106,
subdivisions 1, 3, 4, by adding a subdivision; repealing Minnesota Statutes 2014,
section 326B.02, subdivision 6.

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

Section 1.

Minnesota Statutes 2014, section 299F.011, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Authority. new text end

new text begin The commissioner of public safety through the Division of Fire
Marshal may promulgate a State Fire Code and make amendments thereto in accordance
with the Administrative Procedure Act in chapter 14. The code and its amendments shall
conform insofar as practicable to model fire codes generally accepted and in use throughout
the United States, with consideration given to existing statewide specialty codes presently
in use in the state of Minnesota. Statewide specialty codes and model codes with necessary
modifications may be adopted by reference in accordance with section 14.07, subdivision 4.
new text end

Sec. 2.

Minnesota Statutes 2014, section 326B.103, is amended by adding a
subdivision to read:

new text begin Subd. 7a. new text end

new text begin Fire protection feature. new text end

new text begin "Fire protection feature" means required fire
separation walls, adequacy of fire safety, protection of egress components, elevator fire
service features, fire sprinkler systems, fire standpipe systems, fire extinguishing systems,
and fire alarm systems.
new text end

Sec. 3.

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

Subdivision 1.

Adoption of code.

Subject to 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,
deleted text begin fire protection, deleted text end 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.

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 The commissioner shall consult with, and follow the recommendations of, the state
fire marshal for adopting rules related to fire protection features.
new text end

Sec. 4.

Minnesota Statutes 2014, section 326B.106, subdivision 3, is amended to read:

Subd. 3.

Enforcement by certain bodies.

Under the direction and supervision of
the commissioner, the provisions of the code relating to electrical installations, plumbing,
boilers, high pressure steam piping and appurtenances, and ammonia refrigeration piping
shall be enforced by the Department of Labor and Industry. Fees for inspections conducted
by the commissioner shall be paid in accordance with the rules of the department. deleted text begin Under
direction of the commissioner of public safety, the state fire marshal shall enforce the
State Fire Code as provided in chapter 299F. deleted text end The commissioner shall adopt amendments
to the mechanical code portion of the State Building Code to implement standards for
process piping.

Sec. 5.

Minnesota Statutes 2014, section 326B.106, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Enforcement; state fire marshal. new text end

new text begin The provisions of the code related to
plan review and inspection of fire protection systems shall be enforced by the state fire
marshal pursuant to chapter 299M. Permit fees for fire sprinkler installation shall be
deducted from the cost of permits paid to the commissioner. The permit fees shall be paid to
the state fire marshal or municipalities in accordance with sections 299M.04 and 299M.07.
new text end

Sec. 6.

Minnesota Statutes 2014, section 326B.106, subdivision 4, is amended to read:

Subd. 4.

Special requirements.

(a) Space for commuter vans. The code must
require that any parking ramp or other parking facility constructed in accordance with the
code include an appropriate number of spaces suitable for the parking of motor vehicles
having a capacity of seven to 16 persons and which are principally used to provide
prearranged commuter transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit authority.

(b) Smoke detection devices. The code must require that all dwellings, lodging
houses, apartment houses, and hotels as defined in section 299F.362 comply with the
provisions of section 299F.362.

(c) Doors in nursing homes and hospitals. The State Building Code may not
require that each door entering a sleeping or patient's room from a corridor in a nursing
home or hospital with an approved complete standard automatic fire extinguishing system
be constructed or maintained as self-closing or automatically closing.

(d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground
level exit when the center has more than two stairways to the ground level and its exit.

(e) Family and group family day care. Until the legislature enacts legislation
specifying appropriate standards, the definition of dwellings constructed in accordance
with the International Residential Code as adopted as part of the State Building Code
applies to family and group family day care homes licensed by the Department of Human
Services under Minnesota Rules, chapter 9502.

(f) Enclosed stairways. No provision of the code or any appendix chapter of the
code may require stairways of existing multiple dwelling buildings of two stories or
less to be enclosed.

(g) Double cylinder dead bolt locks. No provision of the code or appendix chapter
of the code may prohibit double cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a residential dwelling. Any
recommendation or promotion of double cylinder dead bolt locks must include a warning
about their potential fire danger and procedures to minimize the danger.

(h) Relocated residential buildings. A residential building relocated within or
into a political subdivision of the state need not comply with the State Energy Code or
section 326B.439 provided that, where available, an energy audit is conducted on the
relocated building.

(i) Automatic garage door opening systems. The code must require all residential
buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82
and 325F.83.

(j) Exit sign illumination. For a new building on which construction is begun
on or after October 1, 1993, or an existing building on which remodeling affecting 50
percent or more of the enclosed space is begun on or after October 1, 1993, the code must
prohibit the use of internally illuminated exit signs whose electrical consumption during
nonemergency operation exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.

(k) Exterior wood decks, patios, and balconies. The code must permit the decking
surface and upper portions of exterior wood decks, patios, and balconies to be constructed
of (1) heartwood from species of wood having natural resistance to decay or termites,
including redwood and cedars, (2) grades of lumber which contain sapwood from species
of wood having natural resistance to decay or termites, including redwood and cedars, or
(3) treated wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be made available
to the building official on request before final construction approval.

(l) Bioprocess piping and equipment. No permit fee for bioprocess piping may
be imposed by municipalities under the State Building Code, except as required under
section 326B.92 subdivision 1. Permits for bioprocess piping shall be according to section
326B.92 administered by the Department of Labor and Industry. All data regarding the
material production processes, including the bioprocess system's structural design and
layout, are nonpublic data as provided by section 13.7911.

(m) Use of ungraded lumber. The code must allow the use of ungraded lumber in
geographic areas of the state where the code did not generally apply as of April 1, 2008, to
the same extent that ungraded lumber could be used in that area before April 1, 2008.

(n) Window cleaning safety. The code must require the installation of dedicated
anchorages for the purpose of suspended window cleaning on (1) new buildings four
stories or greater; and (2) buildings four stories or greater, only on those areas undergoing
reconstruction, alteration, or repair that includes the exposure of primary structural
components of the roof.

new text begin (o) Existing school buildings. Existing school buildings undergoing remodeling,
renovation, alterations, or additions need not meet the height and area requirements of
the building code based on the type of construction when such buildings are protected
throughout with an automatic fire sprinkler system.
new text end

The commissioner may waive all or a portion of the requirements of this paragraph
related to reconstruction, alteration, or repair, if the installation of dedicated anchorages
would not result in significant safety improvements due to limits on the size of the project,
or other factors as determined by the commissioner.

Sec. 7. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace references to Minnesota Statutes, section
326B.02, subdivision 5 or 6, to Minnesota Statutes, section 299F.011, subdivision 1a,
wherever it appears in statute.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 326B.02, subdivision 6, new text end new text begin is repealed.
new text end