HF 2064

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2019 02:03pm

A bill for an act
relating to public safety; modifying fire protection features; amending Minnesota
Statutes 2018, sections 326B.103, by adding a subdivision; 326B.106, subdivisions
1, 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, 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. 2.

Minnesota Statutes 2018, section 326B.106, subdivision 1, is amended to read:

Subdivision 1.

Adoption of code.

(a) Subject to paragraphs (c) and (d) and 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.

(b) 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.

(c) Beginning with the 2018 edition of the model building codes and every six years
thereafter, the commissioner shall review the new model building codes and adopt the model
codes as amended for use in Minnesota, within two years of the published edition date. The
commissioner may adopt amendments to the building codes prior to the adoption of the
new building codes to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or the use of a building.

(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. The
commissioner may adopt amendments prior to adoption of the new energy codes, as amended
for use in Minnesota, to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or use of a building.

new text begin (e) 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. 3.

Minnesota Statutes 2018, 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. 4.

Minnesota Statutes 2018, 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