Minnesota Legislature
HF 4229
as introduced - 91st Legislature (2019 - 2020) Posted on 05/14/2020 12:39pm
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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 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.
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[299F.0115] EXEMPTION FOR MEMBERS OF RECOGNIZED TRIBES.
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(a) The state fire marshal shall issue building-specific waivers for elements of the State
Fire Code that conflict with a recognized tribe's religious beliefs, traditional building
practices, or established teachings. Both individual members of recognized tribes and
organizations of members of recognized tribes may apply for these waivers.
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(b) Waivers may only be granted for the following types of buildings:
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(1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
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(2) meeting houses; and
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(3) one-room educational buildings.
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(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:
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(1) identify the building the waiver will apply to;
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(2) identify the tribe the applicant is a member of; and
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(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.
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(d) Any building for which a waiver is granted may not be sold or leased until:
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(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
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(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.
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Sec. 2.
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[326B.125] EXEMPTION FOR MEMBERS OF RECOGNIZED TRIBES.
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(a) The commissioner of labor and industry shall issue building-specific waivers for
elements of the State Building Code that conflict with a recognized tribe's religious beliefs,
traditional building practices, or established teachings. Both individual members of
recognized tribes and organizations of members of recognized tribes may apply for these
waivers.
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(b) Waivers may only be granted for the following types of buildings:
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(1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
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(2) meeting houses; and
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(3) one-room educational buildings.
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(c) To obtain a waiver, an applicant must apply to the commissioner on a form established
by the commissioner. The application must:
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(1) identify the building the waiver will apply to;
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(2) identify the tribe the applicant is a member of; and
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(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.
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(d) Any building for which a waiver is granted may not be sold or leased until:
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(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
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(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.
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