SF 1824

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

A bill for an act
relating to public safety; changing name of Uniform
Fire Code to State Fire Code; amending Minnesota
Statutes 2004, sections 299F.014; 624.22, subdivision
1.

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

Section 1.

Minnesota Statutes 2004, section 299F.014, is
amended to read:

299F.014 RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK
VEHICLE PARKING.

(a) Any rule of the commissioner of public safety that
adopts provisions of the deleted text begin Uniform deleted text end new text begin State new text end Fire Code relating to
aboveground tanks for petroleum storage that are not used for
dispensing to the public is superseded by Minnesota Rules,
chapter 7151, in regard to: secondary containment, substance
transfer areas, tank and piping standards, overfill protection,
corrosion protection, leak detection, labeling, monitoring,
maintenance, record keeping, and decommissioning. If Minnesota
Rules, chapter 7151, does not address an issue relating to
aboveground tanks for petroleum storage that are not used for
dispensing to the public, any applicable provision of the
deleted text begin Uniform deleted text end new text begin State new text end Fire Code deleted text begin , 1997 Edition, shall apply deleted text end new text begin applies new text end .

(b) A motorized tank vehicle used to transport petroleum
products may be parked within 500 feet of a residence if the
vehicle is parked at an aboveground tank facility used for
dispensing petroleum into cargo tanks for sale at another
location.

Sec. 2.

Minnesota Statutes 2004, section 624.22,
subdivision 1, is amended to read:

Subdivision 1.

General requirements; permit;
investigation; fee.

(a) Sections 624.20 to 624.25 do not
prohibit the supervised display of fireworks by a statutory or
home rule charter city, fair association, amusement park, or
other organization, except that:

(1) a fireworks display may be conducted only when
supervised by an operator certified by the state fire marshal;
and

(2) a fireworks display must either be given by a
municipality or fair association within its own limits, or by
any other organization, whether public or private, only after a
permit for the display has first been secured.

(b) An application for a permit for an outdoor fireworks
display must be made in writing to the municipal clerk at least
15 days in advance of the date of the display and must list the
name of an operator who is certified by the state fire marshal
and will supervise the display. The application must be
promptly referred to the chief of the fire department, who shall
make an investigation to determine whether the operator of the
display is competent and is certified by the state fire marshal,
and whether the display is of such a character and is to be so
located, discharged, or fired that it will not be hazardous to
property or endanger any person. The fire chief shall report
the results of this investigation to the clerk. If the fire
chief reports that the operator is certified, that in the
chief's opinion the operator is competent, and that the
fireworks display as planned will conform to the safety
guidelines of the state fire marshal provided for in paragraph
(f), the clerk shall issue a permit for the display when the
applicant pays a permit fee.

(c) When the supervised outdoor fireworks display for which
a permit is sought is to be held outside the limits of an
incorporated municipality, the application must be made to the
county auditor, and the auditor shall perform duties imposed by
sections 624.20 to 624.25 upon the clerk of the municipality.
When an application is made to the auditor, the county sheriff
shall perform the duties imposed on the fire chief of the
municipality by sections 624.20 to 624.25.

(d) An application for an indoor fireworks display permit
must be made in writing to the state fire marshal by the
operator of the facility in which the display is to occur at
least 15 days in advance of the date of any performance, show,
or event which will include the discharge of fireworks inside a
building or structure. The application must list the name of an
operator who is certified by the state fire marshal and will
supervise the display. The state fire marshal shall make an
investigation to determine whether the operator of the display
is competent and is properly certified and whether the display
is of such a character and is to be so located, discharged, or
fired that it will not be hazardous to property or endanger any
person. If the state fire marshal determines that the operator
is certified and competent, that the indoor fireworks display as
planned will conform to the safety guidelines provided for in
paragraph (f), and that adequate notice will be given to inform
patrons of the indoor fireworks display, the state fire marshal
shall issue a permit for the display when the applicant pays an
indoor fireworks fee of $150 and reimburses the fire marshal for
costs of inspection. Receipts from the indoor fireworks fee and
inspection reimbursements must be deposited in the general fund
as a nondedicated receipt. The state fire marshal may issue a
single permit for multiple indoor fireworks displays when all of
the displays are to take place at the same venue as part of a
series of performances by the same performer or group of
performers. A copy of the application must be promptly conveyed
to the chief of the local fire department, who shall make
appropriate preparations to ensure public safety in the vicinity
of the display. The operator of a facility where an indoor
fireworks display occurs must provide notice in a prominent
place as approved by the state fire marshal to inform patrons
attending a performance when indoor fireworks will be part of
that performance. The state fire marshal may grant a local fire
chief the authority to issue permits for indoor fireworks
displays. Before issuing a permit, a local fire chief must make
the determinations required in this paragraph.

(e) After a permit has been granted under either paragraph
(b) or (d), sales, possession, use and distribution of fireworks
for a display are lawful for that purpose only. A permit is not
transferable.

(f) The state fire marshal shall adopt and disseminate to
political subdivisions rules establishing guidelines on
fireworks display safety that are consistent with sections
624.20 to 624.25 and the most recent deleted text begin editions deleted text end new text begin edition new text end of the
deleted text begin Minnesota Uniform deleted text end new text begin State new text end Fire Code deleted text begin and the National Fire
Protection Association Standards deleted text end , to insure that fireworks
displays are given safely. In the guidelines, the state fire
marshal shall allow political subdivisions to exempt the use of
relatively safe fireworks for theatrical special effects,
ceremonial occasions, and other limited purposes, as determined
by the state fire marshal.

Sec. 3. new text begin INSTRUCTION TO REVISOR.
new text end

new text begin The revisor of statutes shall change the terms "Minnesota
Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code"
where found in Minnesota Statutes, sections 16B.61, subdivision
2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011,
subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015,
subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6;
299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391,
subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and
462.3585.
new text end