SF 1524

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 04:36pm

A bill for an act
relating to labor and industry; modifying municipal enforcement provisions of
State Building Code; amending Minnesota Statutes 2008, sections 326B.106,
subdivision 9; 326B.16.

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

Section 1.

Minnesota Statutes 2008, section 326B.106, subdivision 9, is amended to
read:

Subd. 9.

Accessibility.

(a) Public buildings. The code must provide for making
public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
persons with disabilities, although this does not require the remodeling of public buildings
solely to provide accessibility and usability to persons with disabilities when remodeling
would not otherwise be undertaken.

(b) Leased space. No agency of the state may lease space for agency operations
in a non-state-owned building unless the building satisfies the requirements of the State
Building Code for accessibility by persons with disabilities, or is eligible to display the
state symbol of accessibility. This limitation applies to leases of 30 days or more for
space of at least 1,000 square feet.

(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for
persons with disabilities. This subdivision does not apply to any classes, seminars,
or training programs offered by the Minnesota State Colleges and Universities or the
University of Minnesota. Meetings or conferences intended for specific individuals none
of whom need the accessibility features for persons with disabilities specified in the State
Building Code need not comply with this subdivision unless a person with a disability
gives reasonable advance notice of an intent to attend the meeting or conference. When
sign language interpreters will be provided, meetings or conference sites must be chosen
which allow hearing impaired participants to see their signing clearly.

(d) Exemptions. The commissioner may grant an exemption from the requirements
of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts
were made to secure facilities which complied with those requirements and if the selected
facilities are the best available for access for persons with disabilities. Exemptions shall
be granted using criteria developed by the commissioner in consultation with the Council
on Disability.

(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by persons with disabilities. In the
interests of uniformity, this symbol is the sole symbol for display in or on all public or
private buildings, facilities, and grounds which qualify for its use. The secretary of
state shall obtain the symbol and keep it on file. No building, facility, or grounds may
display the symbol unless it is in compliance with the rules adopted by the commissioner
under subdivision 1. Before any rules are proposed for adoption under this paragraph,
the commissioner shall consult with the Council on Disability. Rules adopted under this
paragraph must be enforced in the same way as other accessibility rules of the State
Building Code.

deleted text begin (f) Municipal enforcement. Municipalities which have not adopted the State
Building Code may enforce the building code requirements for persons with disabilities by
either entering into a joint powers agreement for enforcement with another municipality
which has adopted the State Building Code; or contracting for enforcement with an
individual certified under section 326B.133, subdivision 3, to enforce the State Building
Code.
deleted text end

Sec. 2.

Minnesota Statutes 2008, section 326B.16, is amended to read:

326B.16 ENFORCEMENT OF REQUIREMENTS FOR deleted text begin DISABLED deleted text end
PERSONS new text begin WITH DISABILITIES new text end .

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The State Building Code's requirements for persons
with disabilities apply statewide. new text end A statutory or home rule charter city that does not have
in effect an ordinance adopting the State Building Code is responsible for enforcement in
the city of the State Building Code's requirements for deleted text begin disabled deleted text end persons new text begin with disabilities new text end .
In all other areas where there is no ordinance in effect adopting the State Building Code,
the county is responsible for enforcement of the State Building Code's requirements for
deleted text begin disabled deleted text end persons new text begin with disabilities new text end .

new text begin Subd. 2. new text end

new text begin Municipal enforcement. new text end

new text begin Municipalities which have not adopted the State
Building Code shall enforce the State Building Code's requirements for persons with
disabilities by: (1) entering into a joint powers agreement for enforcement with another
municipality which has adopted the State Building Code; (2) contracting for enforcement
with an individual certified under section 326B.133, subdivision 3, to enforce the State
Building Code; or (3) hiring or training their own staff.
new text end

new text begin Subd. 3. new text end

new text begin Responsibilities. new text end

new text begin Municipalities shall fulfill code responsibilities including
duties and responsibilities for code administration, plan review, and inspection in
accordance with the procedures established in the State Building Code.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement by state building official. new text end

new text begin If the commissioner determines
that a municipality is not properly administering and enforcing the State Building Code's
requirements for persons with disabilities, the commissioner may have the administration
and enforcement in the involved municipality undertaken by the state building official
or by another building official certified by the state. The commissioner shall notify the
affected municipality in writing immediately upon making the determination, and the
municipality may challenge the determination as a contested case before the commissioner
pursuant to the Administrative Procedure Act. The commissioner shall charge the fees set
by section 326B.153 for the administration and enforcement service rendered. Any cost to
the state arising from the state administration and enforcement of the State Building Code
shall be borne by the subject municipality.
new text end