HF 3574

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to the State Building Code; regulating the application and enforcement
1.3of the State Building Code; modifying continuing education course content for
1.4residential contractors and remodelers; requiring commercial general liability
1.5insurance for licensees; authorizing Duluth Entertainment and Convention
1.6Center Authority to enter contract for construction work on entertainment
1.7and convention center;amending Minnesota Statutes 2006, sections 16B.616,
1.8subdivision 4; 16B.62; 16B.71; Minnesota Statutes 2007 Supplement, sections
1.916B.61, subdivision 3; 16B.735; 326.87, subdivision 5; 326.94, subdivision 2;
1.10repealing Minnesota Statutes 2007 Supplement, sections 16B.72; 16B.73.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12    Section 1. Minnesota Statutes 2007 Supplement, section 16B.61, subdivision 3, is
1.13amended to read:
1.14    Subd. 3. Special requirements. (a) Space for commuter vans. The code must
1.15require that any parking ramp or other parking facility constructed in accordance with the
1.16code include an appropriate number of spaces suitable for the parking of motor vehicles
1.17having a capacity of seven to 16 persons and which are principally used to provide
1.18prearranged commuter transportation of employees to or from their place of employment
1.19or to or from a transit stop authorized by a local transit authority.
1.20    (b) Smoke detection devices. The code must require that all dwellings, lodging
1.21houses, apartment houses, and hotels as defined in section 299F.362 comply with the
1.22provisions of section 299F.362.
1.23    (c) Doors in nursing homes and hospitals. The State Building Code may not
1.24require that each door entering a sleeping or patient's room from a corridor in a nursing
1.25home or hospital with an approved complete standard automatic fire extinguishing system
1.26be constructed or maintained as self-closing or automatically closing.
2.1    (d) Child care facilities in churches; ground level exit. A licensed day care center
2.2serving fewer than 30 preschool age persons and which is located in a belowground space
2.3in a church building is exempt from the State Building Code requirement for a ground
2.4level exit when the center has more than two stairways to the ground level and its exit.
2.5    (e) Family and group family day care. Until the legislature enacts legislation
2.6specifying appropriate standards, the definition of dwellings constructed in accordance
2.7with the International Residential Code as adopted as part of the State Building Code
2.8applies to family and group family day care homes licensed by the Department of Human
2.9Services under Minnesota Rules, chapter 9502.
2.10    (f) Enclosed stairways. No provision of the code or any appendix chapter of the
2.11code may require stairways of existing multiple dwelling buildings of two stories or
2.12less to be enclosed.
2.13    (g) Double cylinder dead bolt locks. No provision of the code or appendix chapter
2.14of the code may prohibit double cylinder dead bolt locks in existing single-family homes,
2.15townhouses, and first floor duplexes used exclusively as a residential dwelling. Any
2.16recommendation or promotion of double cylinder dead bolt locks must include a warning
2.17about their potential fire danger and procedures to minimize the danger.
2.18    (h) Relocated residential buildings. A residential building relocated within or
2.19into a political subdivision of the state need not comply with the State Energy Code or
2.20section 326.371 provided that, where available, an energy audit is conducted on the
2.21relocated building.
2.22    (i) Automatic garage door opening systems. The code must require all residential
2.23buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82
2.24and 325F.83.
2.25    (j) Exit sign illumination. For a new building on which construction is begun
2.26on or after October 1, 1993, or an existing building on which remodeling affecting 50
2.27percent or more of the enclosed space is begun on or after October 1, 1993, the code must
2.28prohibit the use of internally illuminated exit signs whose electrical consumption during
2.29nonemergency operation exceeds 20 watts of resistive power. All other requirements in
2.30the code for exit signs must be complied with.
2.31    (k) Exterior wood decks, patios, and balconies. The code must permit the decking
2.32surface and upper portions of exterior wood decks, patios, and balconies to be constructed
2.33of (1) heartwood from species of wood having natural resistance to decay or termites,
2.34including redwood and cedars, (2) grades of lumber which contain sapwood from species
2.35of wood having natural resistance to decay or termites, including redwood and cedars, or
2.36(3) treated wood. The species and grades of wood products used to construct the decking
3.1surface and upper portions of exterior decks, patios, and balconies must be made available
3.2to the building official on request before final construction approval.
3.3    (l) Bioprocess piping and equipment. No permit fee for bioprocess piping may be
3.4imposed by municipalities under the State Building Code, except as required under section
3.5326.47, subdivision 1 . Permits for bioprocess piping shall be according to section 326.47
3.6administered by the Department of Labor and Industry. All data regarding the material
3.7production processes, including the bioprocess system's structural design and layout, are
3.8nonpublic data as provided by section 13.7911.
3.9    (m) Use of ungraded lumber. The code must allow the use of ungraded lumber in
3.10geographic areas of the state where the code did not generally apply as of April 1, 2008, to
3.11the same extent that ungraded lumber could be used in that area before April 1, 2008.
3.12EFFECTIVE DATE.This section is effective the day following final enactment
3.13and the use of ungraded lumber is allowed under paragraph (m) on and after that date
3.14regardless of whether the code is amended to conform with paragraph (m).

3.15    Sec. 2. Minnesota Statutes 2006, section 16B.616, subdivision 4, is amended to read:
3.16    Subd. 4. Enforcement. (a) A statutory or home rule charter city that is not covered
3.17by the code because of action taken under section 16B.72 or 16B.73 does not have in
3.18effect an ordinance adopting the State Building Code is responsible for enforcement in the
3.19city of the code's requirements for bleacher safety. In all other areas where the code does
3.20not apply because of action taken under section 16B.72 or 16B.73 there is no ordinance
3.21in effect adopting the State Building Code, the county is responsible for enforcement of
3.22those the code's requirements for bleacher safety.
3.23(b) Municipalities that have not adopted the code may enforce the code requirements
3.24for bleacher safety by either entering into a joint powers agreement for enforcement
3.25with another municipality that has adopted the code or contracting for enforcement with
3.26a qualified and certified building official or state licensed design professional to enforce
3.27the code.
3.28(c) Municipalities, school districts, organizations, individuals, and other persons
3.29operating or owning places of public accommodation with bleachers that are subject to the
3.30safety requirements in subdivision 3 shall provide a signed certification of compliance
3.31to the commissioner by January 1, 2002. For bleachers subject to the exception in
3.32subdivision 3, clause (1), entities covered by this paragraph must have on file a bleacher
3.33safety management plan and amortization schedule. The certification shall be prepared by
3.34a qualified and certified building official or state licensed design professional and shall
3.35certify that the bleachers have been inspected and are in compliance with the requirements
4.1of this section and are structurally sound. For bleachers owned by a school district or
4.2nonpublic school, the person the district or nonpublic school designates to be responsible
4.3for buildings and grounds may make the certification.

4.4    Sec. 3. Minnesota Statutes 2006, section 16B.62, is amended to read:
4.516B.62 STATE BUILDING CODE; APPLICATION AND ENFORCEMENT.
4.6    Subdivision 1. Municipal enforcement. The State Building Code applies statewide
4.7and supersedes the building code of any municipality. A municipality must not by
4.8ordinance or through development agreement require building code provisions regulating
4.9components or systems of any residential structure that are different from any provision
4.10of the State Building Code. A municipality may, with the approval of the state building
4.11official, adopt an ordinance that is more restrictive than the State Building Code where
4.12geological conditions warrant a more restrictive ordinance. A municipality may appeal
4.13the disapproval of a more restrictive ordinance to the commissioner. An appeal under
4.14this subdivision is subject to the schedule, fee, procedures, cost provisions, and appeal
4.15rights set out in section 16B.67. The State Building Code does not apply to agricultural
4.16buildings except with respect to state inspections required or rulemaking authorized
4.17by sections 103F.141, 216C.19, subdivision 8, and 326.244. All municipalities shall
4.18adopt and enforce the State Building Code with respect to new construction within their
4.19respective jurisdictions.
4.20If a city has adopted or is enforcing the State Building Code on June 3, 1977, or
4.21determines by ordinance after that date to undertake enforcement, it shall enforce the
4.22code within the city. A city may by ordinance and with permission of the township
4.23board extend the enforcement of the code to contiguous unincorporated territory not
4.24more than two miles distant from its corporate limits in any direction if the code is not
4.25in effect in the territory. Where two or more noncontiguous cities which have elected to
4.26enforce the code have boundaries less than four miles apart, each is authorized to enforce
4.27the code on its side of a line equidistant between them. Once enforcement authority is
4.28extended extraterritorially by ordinance, the authority may continue to be exercised in the
4.29designated territory even though another city less than four miles distant later elects to
4.30enforce the code. After the extension, the city may enforce the code in the designated area
4.31to the same extent as if the property were situated within its corporate limits.
4.32Enforcement of the code in an extended area outside a city's corporate limits includes
4.33all rules, laws, and ordinances associated with administration of the code.
4.34A city which, on June 3, 1977, had not adopted the code may not commence
4.35enforcement of the code within or outside of its jurisdiction until it has provided written
5.1notice to the commissioner, the county auditor, and the town clerk of each town in which
5.2it intends to enforce the code. A public hearing on the proposed enforcement must be
5.3held not less than 30 days after the notice has been provided. Enforcement of the code
5.4by the city outside of its jurisdiction commences on the first day of January in the year
5.5following the notice and hearing.
5.6Municipalities may provide for the issuance of permits, inspection, and enforcement
5.7within their jurisdictions by means which are convenient, and lawful, including by means
5.8of contracts with other municipalities pursuant to section 471.59, and with qualified
5.9individuals. The other municipalities or qualified individuals may be reimbursed by
5.10retention or remission of some or all of the building permit fee collected or by other means.
5.11In areas of the state where inspection and enforcement is unavailable from qualified
5.12employees of municipalities, the commissioner shall train and designate individuals
5.13available to carry out inspection and enforcement on a fee basis. Nothing in this section
5.14prohibits a municipality from adopting ordinances relating to zoning, subdivision, or
5.15planning unless the ordinance conflicts with a provision of the State Building Code that
5.16regulates components or systems of any residential structure.
5.17    Subd. 1a. Application. The State Building Code is the standard that applies
5.18statewide for the construction, reconstruction, alteration, and repair of buildings and other
5.19structures of the type governed by the code. The State Building Code supersedes the
5.20building code of any municipality. The State Building Code does not apply to agricultural
5.21buildings except with respect to state inspections required or rulemaking authorized by
5.22sections 103F.141; 216C.19, subdivision 9; and 326.244.
5.23    Subd. 1b. Municipal enforcement. (a) If, as of January 1, 2008, a municipality
5.24has in effect an ordinance adopting the State Building Code, that municipality must
5.25continue to administer and enforce the State Building Code within its jurisdiction. The
5.26municipality is prohibited from repealing its ordinance adopting the State Building Code.
5.27This paragraph does not apply to municipalities with a population of less than 2,500
5.28according to the last federal census that are located outside of a metropolitan county, as
5.29defined in section 473.121, subdivision 4.
5.30(b) If a municipality is not required by paragraph (a) to administer and enforce the
5.31State Building Code, the municipality may choose to administer and enforce the State
5.32Building Code within its jurisdiction by adopting the code by ordinance.
5.33(c) A municipality must not by ordinance, or through development agreement,
5.34require building code provisions regulating components or systems of any structure that
5.35are different from any provision of the State Building Code. A municipality may, with
5.36the approval of the state building official, adopt an ordinance that is more restrictive
6.1than the State Building Code where geological conditions warrant a more restrictive
6.2ordinance. A municipality may appeal the disapproval of a more restrictive ordinance
6.3to the commissioner. An appeal under this subdivision is subject to the schedule, fee,
6.4procedures, cost provisions, and appeal rights set out in section 16B.67.
6.5(d) A city may by ordinance and with permission of the township board extend the
6.6administration and enforcement of the code to contiguous unincorporated territory not
6.7more than two miles distant from its corporate limits in any direction if the code is not
6.8already administered and enforced in the territory. Where two or more noncontiguous
6.9cities, which have elected to administer and enforce the code, have boundaries less than
6.10four miles apart, each is authorized to enforce the code on its side of a line equidistant
6.11between them. Once enforcement authority is extended extraterritorially by ordinance, the
6.12authority may continue to be exercised in the designated territory even though another
6.13city less than four miles distant later elects to enforce the code. After the extension, the
6.14city may enforce the code in the designated area to the same extent as if the property
6.15were situated within its corporate limits. Enforcement of the code in an extended area
6.16outside a city's corporate limits includes all rules, laws, and ordinances associated with
6.17administration of the code.
6.18(e) A city cannot commence administration and enforcement of the code outside of
6.19its jurisdiction until it has provided written notice to the commissioner, the county auditor,
6.20and the town clerk of each town in which it intends to administer and enforce the code. A
6.21public hearing on the proposed administration and enforcement must be held not less than
6.2230 days after the notice has been provided. Administration and enforcement of the code
6.23by the city outside of its jurisdiction commences on a date determined by the city that is
6.24no less than 90 days nor more than one year after the public hearing.
6.25(f) A municipality may enforce the State Building Code by any means that are
6.26convenient and lawful, including entering into contracts with other municipalities under
6.27section 471.59 and with qualified individuals. The other municipalities or qualified
6.28individuals may be reimbursed by retention or remission of some or all of the building
6.29permit fee collected or by other means. If a municipality has no qualified employees
6.30of the municipality or other municipalities or qualified individuals available to carry
6.31out inspection and enforcement, the commissioner shall train and designate individuals
6.32available to carry out inspection and enforcement. The commissioner may be reimbursed
6.33for the inspection by retention or remission of some or all of the building permit fee
6.34collected or by other means.
7.1(g) Nothing in this subdivision prohibits a municipality from adopting ordinances
7.2relating to zoning, subdivision, or planning unless the ordinance conflicts with a provision
7.3of the State Building Code that regulates components or systems of any structure.
7.4    Subd. 2. Enforcement by state building official. If the commissioner determines
7.5that a municipality that has adopted the State Building Code is not properly administering
7.6and enforcing the State Building Code as provided in section 16B.71 code, or if the
7.7commissioner determines that any municipality that is required by subdivision 1b
7.8to enforce any provision of the State Building Code is not properly enforcing that
7.9provision, the commissioner may have the administration and enforcement in the involved
7.10municipality undertaken by the state building official or by another building official
7.11certified by the state. The commissioner shall notify the affected municipality in writing
7.12immediately upon making the determination, and the municipality may challenge the
7.13determination as a contested case before the commissioner pursuant to the Administrative
7.14Procedure Act. In municipalities not properly administering and enforcing the State
7.15Building Code, and in municipalities who determine not to administer and enforce the
7.16State Building Code, the commissioner shall have administration and enforcement
7.17undertaken by the state building official or by another inspector certified by the state. In
7.18carrying out administration and enforcement under this subdivision, the commissioner
7.19shall apply any optional provision of the State Building Code adopted by the municipality.
7.20A municipality adopting any optional code provision shall notify the state building official
7.21within 30 days of its adoption. The commissioner shall determine appropriate fees to be
7.22charged for the administration and enforcement service rendered. Any cost to the state
7.23arising from the state administration and enforcement of the State Building Code shall be
7.24borne by the subject municipality where a fee has been collected by the municipality.

7.25    Sec. 4. Minnesota Statutes 2006, section 16B.71, is amended to read:
7.2616B.71 PERMIT FEES, TO WHOM APPLICABLE.
7.27Municipal building officials If a municipality is enforcing the State Building Code,
7.28the municipality's building official shall administer and enforce the State Building
7.29Code with respect to all subject structures constructed within their the municipality's
7.30jurisdiction, including all buildings constructed by municipalities other than the state,
7.31as defined in section 16B.60, and the University of Minnesota. These governmental
7.32bodies shall pay the building permit fees and surcharges that the inspecting municipality
7.33customarily imposes for its administration and enforcement of the code.

8.1    Sec. 5. Minnesota Statutes 2007 Supplement, section 16B.735, is amended to read:
8.216B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED
8.3PERSONS WITH DISABILITIES.
8.4    A statutory or home rule charter city that is not covered by does not have in effect
8.5an ordinance adopting the State Building Code because of action taken under section
8.616B.72 or 16B.73 is responsible for enforcement in the city of the State Building Code's
8.7requirements for disabled persons with disabilities. In all other areas where there is no
8.8ordinance in effect adopting the State Building Code does not apply because of action
8.9taken under section 16B.72 or 16B.73, the county is responsible for enforcement of those
8.10the State Building Code's requirements for disabled persons.

8.11    Sec. 6. Minnesota Statutes 2007 Supplement, section 326.87, subdivision 5, is
8.12amended to read:
8.13    Subd. 5. Content. (a) Continuing education consists of approved courses that
8.14impart appropriate and related knowledge in the regulated industries pursuant to sections
8.15326.83 to 326.98. Courses may include relevant materials that are included in licensing
8.16exams subject to the limitations imposed in paragraph (e). The burden of demonstrating
8.17that courses impart appropriate and related knowledge is upon the person seeking approval
8.18or credit.
8.19    (b) Course examinations will not be required for continuing education courses
8.20unless they are required by the sponsor.
8.21    (c) Textbooks are not required to be used for continuing education courses. If
8.22textbooks are not used, the coordinator must provide students with a syllabus containing,
8.23at a minimum, the course title, the times and dates of the course offering, the names and
8.24addresses or telephone numbers of the course coordinator and instructor, and a detailed
8.25outline of the subject materials to be covered. Any written or printed material given to
8.26students must be of readable quality and contain accurate and current information.
8.27    (d) Upon completion of an approved course, licensees shall earn one hour of
8.28continuing education credit for each hour approved by the commissioner. Each continuing
8.29education course must be attended in its entirety in order to receive credit for the number
8.30of approved hours. Courses may be approved for full or partial credit, and for more than
8.31one regulated industry.
8.32    Continuing education credit in an approved course shall be awarded to presenting
8.33instructors on the basis of one credit for each hour of preparation for the initial presentation,
8.34which may not exceed three hours total credit for each approved course. Continuing
9.1education credit may not be earned if the licensee has previously obtained credit for the
9.2same course as a licensee or as an instructor within the three years immediately prior.
9.3    (e) The following courses will not be approved for credit:
9.4    (1) courses designed solely to prepare students for a license examination;
9.5    (2) courses in mechanical office or business skills, including typing, speed reading,
9.6or other machines or equipment. Computer courses are allowed, if appropriate and related
9.7to the regulated industry of the licensee;
9.8    (3) courses in sales promotion, including meetings held in conjunction with the
9.9general business of the licensee;
9.10    (4) courses in motivation, salesmanship, psychology, time management, or
9.11communication; or
9.12    (5) courses that are primarily intended to impart knowledge of specific products of
9.13specific companies, if the use of the product or products relates to the sales promotion or
9.14marketing of one or more of the products discussed.
9.15EFFECTIVE DATE.This section is effective September 1, 2008.

9.16    Sec. 7. Minnesota Statutes 2007 Supplement, section 326.94, subdivision 2, is
9.17amended to read:
9.18    Subd. 2. Insurance. Licensees must have public liability insurance with limits of
9.19at least $300,000 per occurrence, which must include at least $10,000 property damage
9.20coverage. Each licensee shall have and maintain in effect commercial general liability
9.21insurance, which includes premises and operations insurance and products and completed
9.22operations insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate
9.23limit for bodily injury, and property damage insurance with limits of at least $25,000
9.24or a policy with a single limit for bodily injury and property damage of $300,000 per
9.25occurrence and $300,000 aggregate limits. The insurance must be written by an insurer
9.26licensed to do business in this state. Each licensee shall maintain on file with the
9.27commissioner a certificate evidencing the insurance which provides that the insurance
9.28shall not be canceled without the insurer first giving 15 days' written notice of cancellation
9.29to the commissioner. The commissioner may increase the minimum amount of insurance
9.30required for any licensee or class of licensees if the commissioner considers it to be in the
9.31public interest and necessary to protect the interests of Minnesota consumers.
9.32EFFECTIVE DATE.This section is effective August 1, 2008.

10.1    Sec. 8. DULUTH ENTERTAINMENT AND CONVENTION CENTER
10.2AUTHORITY CONSTRUCTION CONTRACT.
10.3    The Duluth Entertainment and Convention Center Authority may enter into
10.4contracts to design, construct, furnish, equip, and improve the Duluth Entertainment and
10.5Convention Center, including a new arena, and may enter into contracts that are, in its
10.6judgment, in the best interests of the public for these purposes. Notwithstanding any law
10.7to the contrary, the authority may adopt a fair and competitive design and construction
10.8procurement process determined by the authority to be in the public interest for the
10.9Duluth Entertainment and Convention Center improvements. The authority may enter
10.10into a contract that provides for a construction manager at-risk. This contracting authority
10.11applies only to the capital improvements and renovations for which appropriations were
10.12made pursuant to Laws 2008, chapter 179, section 21, subdivision 7.
10.13EFFECTIVE DATE.This section is effective the day following final enactment.

10.14    Sec. 9. REPEALER.
10.15Minnesota Statutes 2007 Supplement, sections 16B.72; and 16B.73, are repealed.