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HF 1042

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/06/2021 12:42pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to code enforcement; establishing a waiver process to the State Building
Code and State Fire Code for members of federally recognized tribes; proposing
coding for new law in Minnesota Statutes, chapters 299F; 326B.

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

Section 1.

new text begin [299F.0115] EXEMPTION FOR MEMBERS OF FEDERALLY
RECOGNIZED TRIBES.
new text end

new text begin (a) The state fire marshal shall issue building-specific waivers for elements of the State
Fire Code that conflict with a federally recognized tribe's religious beliefs, traditional building
practices, or established teachings. Both individual members of federally recognized tribes,
direct lineal descendents of federally recognized tribes, and organizations of members of
federally recognized tribes may apply for these waivers.
new text end

new text begin (b) Waivers may only be granted for the following types of buildings:
new text end

new text begin (1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
new text end

new text begin (2) meeting houses; and
new text end

new text begin (3) one-room educational buildings.
new text end

new text begin (c) To obtain a waiver, an applicant must apply to the state fire marshal on a form
established by the state fire marshal. The application must:
new text end

new text begin (1) identify the building the waiver will apply to;
new text end

new text begin (2) identify the tribe the applicant is a member of; and
new text end

new text begin (3) declare that requirements of the State Fire Code conflict with religious beliefs,
traditional building practices, or established teachings of the identified tribe, which the
applicant adheres to.
new text end

new text begin (d) Any building for which a waiver is granted may not be sold or leased until:
new text end

new text begin (1) the building is brought into compliance with the version of the State Fire Code in
force at the time of the sale or lease; or
new text end

new text begin (2) the prospective buyer or lessee to which the building is being sold or leased to obtains
a waiver under this section for the building.
new text end

Sec. 2.

new text begin [326B.125] EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED
TRIBES.
new text end

new text begin (a) The commissioner of labor and industry shall issue building-specific waivers for
elements of the State Building Code that conflict with a federally recognized tribe's religious
beliefs, traditional building practices, or established teachings. Both individual members
of federally recognized tribes, direct lineal descendents of federally recognized tribes, and
organizations of members of federally recognized tribes may apply for these waivers.
new text end

new text begin (b) Waivers may only be granted for the following types of buildings:
new text end

new text begin (1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
new text end

new text begin (2) meeting houses; and
new text end

new text begin (3) one-room educational buildings.
new text end

new text begin (c) To obtain a waiver, an applicant must apply to the commissioner on a form established
by the commissioner. The application must:
new text end

new text begin (1) identify the building the waiver will apply to;
new text end

new text begin (2) identify the tribe the applicant is a member of; and
new text end

new text begin (3) declare that requirements of the State Building Code conflict with religious beliefs,
traditional building practices, or established teachings of the identified tribe, which the
applicant adheres to.
new text end

new text begin (d) Any building for which a waiver is granted may not be sold or leased until:
new text end

new text begin (1) the building is brought into compliance with the version of the State Building Code
in force at the time of the sale or lease; or
new text end

new text begin (2) the prospective buyer or lessee to which the building is being sold or leased to obtains
a waiver under this section for the building.
new text end