SF 1209

1st Engrossment - 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; requiring 
  1.6             implementation of locally adopted optional code 
  1.7             provisions; requiring a report; amending Minnesota 
  1.8             Statutes 1998, sections 16B.61, subdivisions 1 and 1a; 
  1.9             16B.62, subdivision 2; and 16B.64, subdivision 4; 
  1.10            repealing Minnesota Statutes 1998, sections 16B.165; 
  1.11            and 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 1a, is amended to read: 
  2.12     Subd. 1a.  [ADMINISTRATION BY COMMISSIONER.] The 
  2.13  commissioner shall administer and enforce the state building 
  2.14  code as a municipality with respect to public buildings and 
  2.15  state licensed facilities in the state.  The commissioner shall 
  2.16  establish appropriate permit, plan review, and inspection fees 
  2.17  for public buildings and state licensed facilities.  Fees and 
  2.18  surcharges for public buildings and state licensed facilities 
  2.19  must be remitted to the commissioner, who shall deposit them in 
  2.20  the state treasury for credit to the special revenue fund. 
  2.21     Municipalities other than the state having a contractual 
  2.22  agreement with the commissioner for code administration and 
  2.23  enforcement service for public buildings and state licensed 
  2.24  facilities shall charge their customary fees, including 
  2.25  surcharge, to be paid directly to the contractual jurisdiction 
  2.26  by the applicant seeking authorization to construct a public 
  2.27  building or a state licensed facility.  The commissioner shall 
  2.28  contract with a municipality other than the state for plan 
  2.29  review, code administration, and code enforcement service for 
  2.30  public buildings and state licensed facilities in the 
  2.31  contractual jurisdiction if the building officials of the 
  2.32  municipality meet the requirements of section 16B.65 and wish to 
  2.33  provide those services and if the commissioner determines that 
  2.34  the municipality has enough adequately trained and qualified 
  2.35  building inspectors to provide those services for the 
  2.36  construction project. 
  3.1      Administration and enforcement in a municipality under this 
  3.2   section must apply any optional provisions of the state building 
  3.3   code adopted by the municipality.  A municipality adopting any 
  3.4   optional code provision shall notify the state building official 
  3.5   within 30 days of its adoption. 
  3.6      The commissioner shall administer and enforce the 
  3.7   provisions of the code relating to elevators statewide, except 
  3.8   as provided for under section 16B.747, subdivision 3. 
  3.9      Sec. 3.  Minnesota Statutes 1998, section 16B.62, 
  3.10  subdivision 2, is amended to read: 
  3.11     Subd. 2.  [ENFORCEMENT BY STATE BUILDING OFFICIAL.] If the 
  3.12  commissioner determines that a municipality is not properly 
  3.13  administering and enforcing the State Building Code as provided 
  3.14  in section 16B.71, the commissioner may have the administration 
  3.15  and enforcement in the involved municipality undertaken by the 
  3.16  state building official.  The commissioner shall notify the 
  3.17  affected municipality in writing immediately upon making the 
  3.18  determination, and the municipality may challenge the 
  3.19  determination as a contested case before the commissioner 
  3.20  pursuant to the Administrative Procedure Act.  In municipalities 
  3.21  not properly administering and enforcing the State Building 
  3.22  Code, and in municipalities who determine not to administer and 
  3.23  enforce the State Building Code, the commissioner shall have 
  3.24  administration and enforcement undertaken by the state building 
  3.25  official or by another inspector certified by the state.  In 
  3.26  carrying out administration and enforcement under this 
  3.27  subdivision, the commissioner shall apply any optional provision 
  3.28  of the state building code adopted by the municipality.  A 
  3.29  municipality adopting any optional code provision shall notify 
  3.30  the state building official within 30 days of its adoption.  The 
  3.31  commissioner shall determine appropriate fees to be charged for 
  3.32  the administration and enforcement service rendered.  Any cost 
  3.33  to the state arising from the state administration and 
  3.34  enforcement of the State Building Code shall be borne by the 
  3.35  subject municipality.  
  3.36     Sec. 4.  Minnesota Statutes 1998, section 16B.64, 
  4.1   subdivision 4, is amended to read: 
  4.2      Subd. 4.  [HEARINGS.] The commissioner, except in the case 
  4.3   of energy conservation standards promulgated or amended pursuant 
  4.4   to section 216C.19, subdivision 8, shall hold all state hearings 
  4.5   and make all determinations regarding any subject matter dealt 
  4.6   with in the code including those in which another state agency 
  4.7   proposes to adopt or amend rules which are incorporated by 
  4.8   reference into the code or whenever the commissioner proposes to 
  4.9   incorporate those rules into the State Building Code.  In no 
  4.10  event shall may a state agency subsequently authorized to adopt 
  4.11  rules involving State Building Code subject matter proceed to 
  4.12  adopt the rules without prior consultation with the commissioner.
  4.13     Sec. 5.  [TRANSFER.] 
  4.14     Adoption of the energy portion of the state building code 
  4.15  is transferred from the commissioner of public service to the 
  4.16  commissioner of administration in accordance with Minnesota 
  4.17  Statutes, section 16B.37. 
  4.18     Sec. 6.  [REVIEW.] 
  4.19     The construction codes advisory council established by 
  4.20  Minnesota Statutes, section 16B.76, shall review the program 
  4.21  evaluation report on the state building code issued by the 
  4.22  office of the legislative auditor in January 1999 and shall 
  4.23  report to the legislature by January 15, 2000, with 
  4.24  recommendations on which proposals in the report, if any, should 
  4.25  be implemented. 
  4.26     Sec. 7.  [ENERGY CODE.] 
  4.27     Notwithstanding Minnesota Rules, part 7676.1500, the 
  4.28  effective date of the energy code set out in Minnesota Rules, 
  4.29  chapter 7676, is July 20, 2000. 
  4.30     Sec. 8.  [REPEALER.] 
  4.31     Minnesota Statutes 1998, sections 16B.165; and 216C.19, 
  4.32  subdivision 8, are repealed. 
  4.33     Sec. 9.  [EFFECTIVE DATE.] 
  4.34     Sections 1 to 8 are effective July 1, 1999.