HF 1568

as introduced - 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; transferring 
  1.3             authority to adopt energy portions of the building 
  1.4             code from the commissioner of public service to the 
  1.5             commissioner of administration; transferring certain 
  1.6             enforcement and inspection functions from the board of 
  1.7             electricity and the commissioner of health to the 
  1.8             commissioner of administration; amending Minnesota 
  1.9             Statutes 1998, sections 16B.61, subdivisions 1 and 2; 
  1.10            and 16B.62, subdivision 2; repealing Minnesota 
  1.11            Statutes 1998, section 216C.19, subdivision 8. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 16B.61, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [ADOPTION OF CODE.] Subject to sections 
  1.16  16B.59 to 16B.75, the commissioner shall by rule establish a 
  1.17  code of standards for the construction, reconstruction, 
  1.18  alteration, and repair of buildings, governing matters of 
  1.19  structural materials, design and construction, fire protection, 
  1.20  health, sanitation, and safety, including design and 
  1.21  construction standards regarding heat loss control, 
  1.22  illumination, and climate control.  The code must conform 
  1.23  insofar as practicable to model building codes generally 
  1.24  accepted and in use throughout the United States.  In the 
  1.25  preparation of the code, consideration must be given to the 
  1.26  existing statewide specialty codes presently in use in the 
  1.27  state.  Model codes with necessary modifications and statewide 
  1.28  specialty codes may be adopted by reference.  The code must be 
  2.1   based on the application of scientific principles, approved 
  2.2   tests, and professional judgment.  To the extent possible, the 
  2.3   code must be adopted in terms of desired results instead of the 
  2.4   means of achieving those results, avoiding wherever possible the 
  2.5   incorporation of specifications of particular methods or 
  2.6   materials.  To that end the code must encourage the use of new 
  2.7   methods and new materials.  Except as otherwise provided in 
  2.8   sections 16B.59 to 16B.75, the commissioner shall administer and 
  2.9   enforce the provisions of those sections.  
  2.10     Sec. 2.  Minnesota Statutes 1998, section 16B.61, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [ENFORCEMENT BY CERTAIN BODIES.] Under the 
  2.13  direction and supervision of the commissioner, the provisions of 
  2.14  the code relating to electrical installations shall be enforced 
  2.15  by the state board of electricity, pursuant to the Minnesota 
  2.16  Electrical Act, the provisions relating to plumbing shall be 
  2.17  enforced by the commissioner of health, the provisions relating 
  2.18  to the Minnesota Uniform Fire Code shall be enforced by the 
  2.19  state fire marshal, the provisions relating to high pressure 
  2.20  steam piping and appurtenances shall be enforced by the 
  2.21  department of labor and industry.  Fees for inspections 
  2.22  conducted by the state board of electricity shall be paid in 
  2.23  accordance with the rules of the state board of electricity.  
  2.24     Sec. 3.  Minnesota Statutes 1998, section 16B.62, 
  2.25  subdivision 2, is amended to read: 
  2.26     Subd. 2.  [ENFORCEMENT BY STATE BUILDING OFFICIAL.] If the 
  2.27  commissioner determines that a municipality is not properly 
  2.28  administering and enforcing the State Building Code as provided 
  2.29  in section 16B.71, the commissioner may have the administration 
  2.30  and enforcement in the involved municipality undertaken by the 
  2.31  state building official.  The commissioner shall notify the 
  2.32  affected municipality in writing immediately upon making the 
  2.33  determination, and the municipality may challenge the 
  2.34  determination as a contested case before the commissioner 
  2.35  pursuant to the Administrative Procedure Act.  In municipalities 
  2.36  not properly administering and enforcing the State Building 
  3.1   Code, and in municipalities who determine not to administer and 
  3.2   enforce the State Building Code, the commissioner shall have 
  3.3   administration and enforcement undertaken by the state building 
  3.4   official or by another inspector certified by the state.  In 
  3.5   carrying out administration and enforcement under this 
  3.6   subdivision, the commissioner shall apply any optional provision 
  3.7   of the state building code adopted by the municipality.  A 
  3.8   municipality adopting any optional code provision shall notify 
  3.9   the state building official within 30 days of its adoption.  The 
  3.10  commissioner shall determine appropriate fees to be charged for 
  3.11  the administration and enforcement service rendered.  Any cost 
  3.12  to the state arising from the state administration and 
  3.13  enforcement of the State Building Code shall be borne by the 
  3.14  subject municipality.  
  3.15     Sec. 4.  [TRANSFER OF FUNCTIONS.] 
  3.16     The following functions are transferred to the commissioner 
  3.17  of administration in accordance with Minnesota Statutes, section 
  3.18  16B.37: 
  3.19     (1) adoption of the energy portion of the state building 
  3.20  code, from the commissioner of public service; 
  3.21     (2) all functions relating to the administration and 
  3.22  enforcement of the portions of the state building code relating 
  3.23  to plumbing, including adoption of rules, plan review, 
  3.24  inspections, code interpretation, and training of inspectors, 
  3.25  from the commissioner of health; and 
  3.26     (3) all functions relating to the administration and 
  3.27  enforcement of the portions of the state building code relating 
  3.28  to electricity, including adoption of rules, plan review, 
  3.29  inspections, code interpretation, and training of inspectors, 
  3.30  from the board of electricity. 
  3.31     Sec. 5.  [REPEALER.] 
  3.32     Minnesota Statutes 1998, section 216C.19, subdivision 8, is 
  3.33  repealed. 
  3.34     Sec. 6.  [EFFECTIVE DATE.] 
  3.35     Sections 1 to 5 are effective July 1, 1999.