Minnesota Legislature
SF 2014
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 2.1
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7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33
7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10
8.11 8.12 8.13 8.14 8.15
A bill for an act
relating to public safety; modifying provisions
relating to flammable liquids, explosives, and
fireworks; setting requirements for smoke detectors;
removing provisions that are obsolete or governed by
State Fire Code; making technical and clarifying
changes; amending Minnesota Statutes 2004, sections
84.362; 282.04, subdivision 2; 299F.011, subdivision
7; 299F.19, subdivisions 1, 2; 299F.362, subdivisions
3, 4; repealing Minnesota Statutes 2004, sections
69.011, subdivision 5; 299F.011, subdivision 4c;
299F.015; 299F.10; 299F.11; 299F.12; 299F.13; 299F.14;
299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
299F.452.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 84.362, is
amended to read:
84.362 REMOVAL OF STRUCTURES.
Until after the sale of any parcel of tax-forfeited land,
whether classified as agricultural or nonagricultural hereunder,
the county auditor may, with the approval of the commissioner,
providenew text begin :
new text end
new text begin
(1) new text end for the sale or demolition of any structure located
deleted text begin
thereon, which deleted text end new text begin on the land that new text end has been determined by the
county board to be deleted text begin within the purview of section 299F.10,
deleted text end new text begin
especially liable to fire or so situated as to endanger life or
limb or other buildings or property in the vicinity because of
age, dilapidated condition, defective chimney, defective
electric wiring, any gas connection, heating apparatus, or other
defect;new text end and
new text begin
(2) new text end for the sale of salvage material, if any, therefrom.
Sec. 2.
Minnesota Statutes 2004, section 282.04,
subdivision 2, is amended to read:
Subd. 2.
Rights before sale; improvements, insurance,
demolition.
new text begin (a) new text end Before the sale of a parcel of forfeited land
the county auditor may, with the approval of the county board of
commissioners, provide for the repair and improvement of any
building or structure located upon the parcel, and may provide
for maintenance of tax-forfeited lands, if it is determined by
the county board that such repairs, improvements, or maintenance
are necessary for the operation, use, preservationnew text begin ,new text end and safety
of the building or structure.
new text begin
(b) new text end If so authorized by the county board, the county
auditor may insure the building or structure against loss or
damage resulting from fire or windstorm, may purchase workers'
compensation insurance to insure the county against claims for
injury to the persons employed in the building or structure by
the county, and may insure the county, its officers and
employees against claims for injuries to persons or property
because of the management, usenew text begin ,new text end or operation of the building or
structure.
new text begin
(c) new text end The county auditor may, with the approval of the county
board, providenew text begin :
new text end
new text begin
(1) new text end for the demolition of the building or structure, which
has been determined by the county board to be deleted text begin within the purview
of section 299F.10,deleted text end new text begin especially liable to fire or so situated as
to endanger life or limb or other buildings or property in the
vicinity because of age, dilapidated condition, defective
chimney, defective electric wiring, any gas connection, heating
apparatus, or other defect;new text end and
new text begin
(2) new text end for the sale of salvaged materials from the building or
structure.
new text begin
(d) new text end The county auditor, with the approval of the county
board, may provide for the sale of abandoned personal property.
The sale may be made by the sheriff using the procedures for the
sale of abandoned property in section 345.15 or by the county
auditor using the procedures for the sale of abandoned property
in section 504B.271. The net proceeds from any sale of the
personal property, salvaged materials, timber or other products,
or leases made under this law must be deposited in the forfeited
tax sale fund and must be distributed in the same manner as if
the parcel had been sold.
new text begin
(e) new text end The county auditor, with the approval of the county
board, may provide for the demolition of any structure on
tax-forfeited lands, if in the opinion of the county board, the
county auditor, and the land commissioner, if there is one, the
sale of the land with the structure on it, or the continued
existence of the structure by reason of age, dilapidated
condition or excessive size as compared with nearby structures,
will result in a material lessening of net tax capacities of
real estate in the vicinity of the tax-forfeited lands, or if
the demolition of the structure or structures will aid in
disposing of the tax-forfeited property.
new text begin
(f) new text end Before the sale of a parcel of forfeited land located
in an urban area, the county auditor may with the approval of
the county board provide for the grading of the land by filling
or the removal of any surplus material from it. If the physical
condition of forfeited lands is such that a reasonable grading
of the lands is necessary for the protection and preservation of
the property of any adjoining owner, the adjoining property
owner or owners may apply to the county board to have the
grading done. If, after considering the application, the county
board believes that the grading will enhance the value of the
forfeited lands commensurate with the cost involved, it may
approve it, and the work must be performed under the supervision
of the county or city engineer, as the case may be, and the
expense paid from the forfeited tax sale fund.
Sec. 3.
Minnesota Statutes 2004, section 299F.011,
subdivision 7, is amended to read:
Subd. 7.
Fees.
deleted text begin A fee of $100 shall be charged by deleted text end The
state fire marshal new text begin shall charge a fee of $100 new text end for each plan
review involving:
(1) flammable liquids deleted text begin under Minnesota Rules, part
7510.3650deleted text end ;
(2) motor vehicle fuel-dispensing stations deleted text begin under Minnesota
Rules, part 7510.3610deleted text end ; or
(3) liquefied petroleum gases deleted text begin under Minnesota Rules, part
7510.3670deleted text end .
Sec. 4.
Minnesota Statutes 2004, section 299F.19,
subdivision 1, is amended to read:
Subdivision 1.
Rules.
The commissioner of public safety
shall adopt rules for the safekeeping, storage, handling, use,
or other disposition of deleted text begin flammable liquids, flammable gases,
deleted text end
blasting agentsdeleted text begin ,deleted text end and explosives. Loads carried in or on
vehicles transporting deleted text begin such deleted text end new text begin these new text end products upon public highways
within this state deleted text begin shall be deleted text end new text begin are new text end governed by the uniform vehicle
size and weights provisions in sections 169.80 to 169.88 and the
transportation of hazardous materials provisions of section
221.033. deleted text begin The rules for flammable liquids and flammable gases
shall be distinguished from each other and from the rules
covering other materials subject to regulation under this
subdivision.
deleted text end
Sec. 5.
Minnesota Statutes 2004, section 299F.19,
subdivision 2, is amended to read:
Subd. 2.
Blasting agent defined; explosives classified.
deleted text begin
(a) deleted text end For the purposes of this sectiondeleted text begin ,deleted text end and the rules adopted
pursuant deleted text begin thereto, the term deleted text end new text begin to this section:
new text end
new text begin
(a) " new text end Blasting agent new text begin " new text end means any material or mixture,
consisting of a fuel and oxidizer, intended for blasting, not
otherwise classified as an explosive and in which none of the
ingredients is classified as an explosivedeleted text begin ,deleted text end new text begin ;new text end providing thatnew text begin ,new text end the
finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a number 8 test blasting cap
when unconfined. deleted text begin The term deleted text end new text begin " new text end Blasting agent new text begin " new text end does not include
flammable liquids or flammable gases.
(b) deleted text begin For the purposes of this section, and the rules adopted
pursuant thereto,deleted text end new text begin "Explosive" means any chemical compound,
mixture, or device, the primary or common purpose of which is to
function by explosion. The term includes, but is not limited
to, dynamite, black powder, pellet powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord,
igniter cord, igniters, display fireworks, and class 1.3G
fireworks (formerly classified as Class B special fireworks).
"Explosive" includes any material determined to be within the
scope of United States Code, title 18, chapter 40, and also
includes any material classified as an explosive other than
consumer fireworks, 1.4G (Class C, Common), by the hazardous
materials regulations of the United States Department of
Transportation (DOTn) in Code of Federal Regulations, title 49.
new text end
new text begin
(c) new text end Explosives are divided into deleted text begin three classes deleted text end new text begin four
categories new text end and are defined as follows:
deleted text begin
(1) class A explosives: possessing detonating or otherwise
maximum hazard, such as dynamite, nitroglycerin, picric acid,
lead azide, fulminate of mercury, blasting caps, and detonating
primers;
deleted text end
deleted text begin
(2) class B explosives: possessing flammable hazard, such
as propellant explosives (including some smokeless powders),
black powder, photographic flash powders, and some special
fireworks;
deleted text end
deleted text begin
(3) class C explosives: includes certain types of
manufactured articles which contain class A, or class B
explosives, or both, as components but in restricted quantities.
deleted text end
deleted text begin
The term explosive or explosives means any chemical compound,
mixture or device, the primary or common purpose of which is to
function by explosion; that is, with substantially instantaneous
release of gas and heat, unless such compound, mixture, or
device is otherwise specifically classified by the United States
Department of Transportation. The term explosives includes all
material which is classified as class A, class B, and class C
explosives by the United States Department of Transportation,
and includes, but is not limited to dynamite, black powder,
pellet powder, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters,
squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
igniters, and some special fireworks. Commercial explosives are
those explosives which are intended to be used in commercial or
industrial operation. The term explosives does not include
flammable liquids or flammable gases.
deleted text end
new text begin
(1) High explosive: explosive material, such as dynamite,
that can be caused to detonate by means of a number eight test
blasting cap when unconfined.
new text end
new text begin
(2) Low explosive: explosive material that will burn or
deflagrate when ignited, characterized by a rate of reaction
that is less than the speed of sound, including, but not limited
to, black powder, safety fuse, igniters, igniter cord, fuse
lighters, class 1.3G fireworks (formerly classified as Class B
special fireworks), and class 1.3C propellants.
new text end
new text begin
(3) Mass-detonating explosives: division 1.1, 1.2, and 1.5
explosives alone or in combination, or loaded into various types
of ammunition or containers, most of which can be expected to
explode virtually instantaneously when a small portion is
subjected to fire, severe concussion, impact, the impulse of an
initiating agent, or the effect of a considerable discharge of
energy from without. Materials that react in this manner
represent a mass explosion hazard. Such an explosive will
normally cause severe structural damage to adjacent objects.
Explosive propagation could occur immediately to other items of
ammunition and explosives stored sufficiently close to and not
adequately protected from the initially exploding pile with a
time interval short enough so that two or more quantities must
be considered as one for quantity-distance purposes.
new text end
new text begin
(4) United Nations/United States Department of
Transportation (UN/DOTn) Class 1 explosives: the hazard class
of explosives that further defines and categorizes explosives
under the current system applied by DOTn for all explosive
materials into further divisions as follows, with the letter G
identifying the material as a pyrotechnic substance or article
containing a pyrotechnic substance and similar materials:
new text end
new text begin
(i) Division 1.1 explosives have a mass explosion hazard.
A mass explosion is one that affects almost the entire load
instantaneously.
new text end
new text begin
(ii) Division 1.2 explosives have a projection hazard but
not a mass explosion hazard.
new text end
new text begin
(iii) Division 1.3 explosives have a fire hazard and either
a minor blast hazard or a minor projection hazard or both, but
not a mass explosion hazard.
new text end
new text begin
(iv) Division 1.4 explosives pose a minor explosion
hazard. The explosive effects are largely confined to the
package and no projection of fragments of appreciable size or
range is to be expected. An external fire must not cause
virtually instantaneous explosion of almost the entire contents
of the package.
new text end
new text begin
(v) Division 1.5 explosives are very insensitive and are
comprised of substances that have a mass explosion hazard, but
are so insensitive that there is very little probability of
initiation or of transition from burning to detonation under
normal conditions of transport.
new text end
new text begin
(vi) Division 1.6 explosives are extremely insensitive and
do not have a mass explosion hazard, comprised of articles that
contain only extremely insensitive detonating substances and
that demonstrate a negligible probability of accidental
initiation or propagation.
new text end
Sec. 6.
Minnesota Statutes 2004, section 299F.362,
subdivision 3, is amended to read:
Subd. 3.
Smoke detector for any dwelling.
Every dwelling
unit within a dwelling deleted text begin shall deleted text end new text begin must new text end be provided with a smoke
detector meeting the requirements of deleted text begin Underwriters Laboratories,
Inc., or approved by the International Conference of Building
Officials deleted text end new text begin the State Fire Codenew text end . The detector deleted text begin shall deleted text end new text begin must new text end be
mounted in accordance with the rules regarding smoke detector
location deleted text begin promulgated deleted text end new text begin adopted new text end under deleted text begin the provisions of deleted text end subdivision
2. When actuated, the detector deleted text begin shall deleted text end new text begin must new text end provide an alarm in
the dwelling unit.
Sec. 7.
Minnesota Statutes 2004, section 299F.362,
subdivision 4, is amended to read:
Subd. 4.
Smoke detector for apartment, lodging house, or
hotel.
Every dwelling unit within an apartment house and every
guest room in a lodging house or hotel used for sleeping
purposes deleted text begin shall deleted text end new text begin must new text end be provided with a smoke detector conforming
to the requirements of deleted text begin Underwriters Laboratories, Inc., or
approved by the International Conference of Building
Officials deleted text end new text begin the State Fire Codenew text end . In dwelling units, detectors
deleted text begin
shall deleted text end new text begin must new text end be mounted in accordance with the rules regarding
smoke detector location deleted text begin promulgated deleted text end new text begin adopted new text end under deleted text begin the provisions
of deleted text end subdivision 2. When actuated, the detector deleted text begin shall deleted text end new text begin must
new text end
provide an alarm in the dwelling unit or guest room.