HF 3412

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying provision governing variances to Uniform
Fire Code; amending Minnesota Statutes 2004, section 299F.011, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to
read:

Subd. 5.

Appeal policy; variance.

Upon application, the state fire marshal may
grant variances from the minimum requirements specified in the code if there is substantial
compliance with the provisions of the code, the safety of the public and occupants of
such building will not be jeopardized, and undue hardship will result to the applicant
unless such variance is granted. deleted text begin No appeal to the state fire marshal for a variance from the
Uniform Fire Code shall be accepted until the applicant has first made application to the
local governing body and the local unit has acted on the application. deleted text end The state fire marshal
shall consider deleted text begin the decision deleted text end new text begin any decisions or recommendations new text end of the local governing body.
Any person aggrieved by a decision made by the fire marshal under this subdivision
may proceed before the fire marshal as with a contested case in accordance with the
Administrative Procedure Act.