HF 853

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the state building code; clarifying the 
  1.3             responsibility for plan review and inspection of fire 
  1.4             suppression systems; coordinating the adoption of the 
  1.5             state building and fire codes; clarifying the 
  1.6             supervision of the state fire marshal; requiring a 
  1.7             cooperative agreement between state building and fire 
  1.8             officials regarding enforcement of fire protection 
  1.9             provisions of the building code; amending Minnesota 
  1.10            Statutes 1998, sections 16B.61, subdivisions 1a, 2, 
  1.11            and by adding a subdivision; and 16B.65, by a adding 
  1.12            subdivision. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 16B.61, 
  1.15  subdivision 1a, is amended to read: 
  1.16     Subd. 1a.  [ADMINISTRATION BY COMMISSIONER.] The 
  1.17  commissioner shall administer and enforce the state building 
  1.18  code as a municipality with respect to public buildings and 
  1.19  state licensed facilities in the state.  The commissioner shall 
  1.20  establish appropriate permit, plan review, and inspection fees 
  1.21  for public buildings and state licensed facilities.  Fees and 
  1.22  surcharges for public buildings and state licensed facilities 
  1.23  must be remitted to the commissioner, who shall deposit them in 
  1.24  the state treasury for credit to the special revenue fund. 
  1.25     Municipalities other than the state having a contractual 
  1.26  agreement with the commissioner for code administration and 
  1.27  enforcement service for public buildings and state licensed 
  1.28  facilities shall charge their customary fees, including 
  1.29  surcharge, to be paid directly to the contractual jurisdiction 
  2.1   by the applicant seeking authorization to construct a public 
  2.2   building or a state licensed facility.  The commissioner shall 
  2.3   contract with a municipality other than the state for plan 
  2.4   review, code administration, and code enforcement service for 
  2.5   public buildings and state licensed facilities in the 
  2.6   contractual jurisdiction if the building officials of the 
  2.7   municipality meet the requirements of section 16B.65 and wish to 
  2.8   provide those services and if the commissioner determines that 
  2.9   the municipality has enough adequately trained and qualified 
  2.10  building inspectors to provide those services for the 
  2.11  construction project. 
  2.12     The commissioner shall administer and enforce the 
  2.13  provisions of the code relating to elevators statewide, except 
  2.14  as provided for under section 16B.747, subdivision 3. 
  2.15     The commissioner shall contract with the commissioner of 
  2.16  public safety for the plan review and inspection of fire 
  2.17  sprinkler systems in public buildings and state-licensed 
  2.18  facilities.  The contract must include a schedule allocating 
  2.19  applicable permit fees between the department of administration 
  2.20  and the state fire marshal.  This section does not affect the 
  2.21  ability of a local authority to conduct plan reviews and 
  2.22  inspections pursuant to sections 299M.04 and 299M.07. 
  2.23     Sec. 2.  Minnesota Statutes 1998, section 16B.61, is 
  2.24  amended by adding a subdivision to read: 
  2.25     Subd. 1b.  [CODE ADOPTION AND COORDINATION.] (a) The 
  2.26  commissioners of administration and public safety shall 
  2.27  coordinate adoption of the state building code and the state 
  2.28  fire code.  
  2.29     (b) If the commissioners of administration and public 
  2.30  safety cannot reach agreement before publication of the proposed 
  2.31  rules governing the common sections of the state building code 
  2.32  and the state fire code, the issue must be presented to an 
  2.33  administrative law judge, whose decision is binding.  The costs 
  2.34  for an administrative law judge must be shared equally by the 
  2.35  agencies. 
  2.36     Sec. 3.  Minnesota Statutes 1998, section 16B.61, 
  3.1   subdivision 2, is amended to read: 
  3.2      Subd. 2.  [ENFORCEMENT BY CERTAIN BODIES.] Under the 
  3.3   direction and supervision of the commissioner, the provisions of 
  3.4   the code relating to electrical installations shall be enforced 
  3.5   by the state board of electricity, pursuant to the Minnesota 
  3.6   Electrical Act, the provisions relating to plumbing shall be 
  3.7   enforced by the commissioner of health, the provisions relating 
  3.8   to the Minnesota Uniform Fire Code shall be enforced by the 
  3.9   state fire marshal, the provisions relating to high pressure 
  3.10  steam piping and appurtenances shall be enforced by the 
  3.11  department of labor and industry.  Fees for inspections 
  3.12  conducted by the state board of electricity shall be paid in 
  3.13  accordance with the rules of the state board of 
  3.14  electricity.  Under direction of the commissioner of public 
  3.15  safety, the state fire marshal shall enforce the Minnesota 
  3.16  Uniform Fire Code as provided in chapter 299F. 
  3.17     Sec. 4.  Minnesota Statutes 1998, section 16B.65, is 
  3.18  amended by adding a subdivision to read: 
  3.19     Subd. 8.  [RELATION OF BUILDING AND FIRE CODES.] The 
  3.20  commissioners of administration and public safety shall 
  3.21  establish written, cooperative agreements.  These agreements 
  3.22  shall identify fire protection provisions for plan review and 
  3.23  inspection of new and existing buildings by the state building 
  3.24  codes and standards division and the state fire marshal 
  3.25  division.  These agreements shall include timelines for reviews, 
  3.26  an appeals process for the resolution of differences, and 
  3.27  renewal provisions.