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Minnesota Legislature

Office of the Revisor of Statutes

SF 2555

4th Engrossment - 89th Legislature (2015 - 2016) Posted on 05/18/2016 10:01am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

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A bill for an act
relating to local government; regulating zoning of temporary family health
care dwellings; establishing temporary dwelling permits; amending Minnesota
Statutes 2014, section 144D.01, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapters 394; 462.

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

Section 1.

Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to read:


Subd. 4.

Housing with services establishment or establishment.

(a) "Housing
with services establishment" or "establishment" means:

(1) an establishment providing sleeping accommodations to one or more adult
residents, at least 80 percent of which are 55 years of age or older, and offering or
providing, for a fee, one or more regularly scheduled health-related services or two or
more regularly scheduled supportive services, whether offered or provided directly by the
establishment or by another entity arranged for by the establishment; or

(2) an establishment that registers under section 144D.025.

(b) Housing with services establishment does not include:

(1) a nursing home licensed under chapter 144A;

(2) a hospital, certified boarding care home, or supervised living facility licensed
under sections 144.50 to 144.56;

(3) a board and lodging establishment licensed under chapter 157 and Minnesota
Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660,
or 9530.4100 to 9530.4450, or under chapter 245D;

(4) a board and lodging establishment which serves as a shelter for battered women
or other similar purpose;

(5) a family adult foster care home licensed by the Department of Human Services;

(6) private homes in which the residents are related by kinship, law, or affinity with
the providers of services;

(7) residential settings for persons with developmental disabilities in which the
services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable
successor rules or laws;

(8) a home-sharing arrangement such as when an elderly or disabled person or
single-parent family makes lodging in a private residence available to another person
in exchange for services or rent, or both;

(9) a duly organized condominium, cooperative, common interest community, or
owners' association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by individuals
who are the owners, members, or shareholders of the units; deleted text beginor
deleted text end

(10) services for persons with developmental disabilities that are provided under
a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until
January 1, 1998, or under chapter 245Dnew text begin; or
new text end

new text begin (11) a temporary family health care dwelling as defined in sections 394.307 and
462.3593
new text end.

Sec. 2.

new text begin [394.307] TEMPORARY FAMILY HEALTH CARE DWELLINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Caregiver" means an individual 18 years of age or older who:
new text end

new text begin (1) provides care for a mentally or physically impaired person; and
new text end

new text begin (2) is a relative, legal guardian, or health care agent of the mentally or physically
impaired person for whom the individual is caring.
new text end

new text begin (c) "Instrumental activities of daily living" has the meaning given in section
256B.0659, subdivision 1, paragraph (i).
new text end

new text begin (d) "Mentally or physically impaired person" means a person who is a resident of
this state and who requires assistance with two or more instrumental activities of daily
living as certified in writing by a physician, a physician assistant, or an advanced practice
registered nurse licensed to practice in this state.
new text end

new text begin (e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle,
aunt, nephew, or niece of the mentally or physically impaired person. Relative includes
half, step, and in-law relationships.
new text end

new text begin (f) "Temporary family health care dwelling" means a mobile residential dwelling
providing an environment facilitating a caregiver's provision of care for a mentally or
physically impaired person that meets the requirements of subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Temporary family health care dwelling. new text end

new text begin A temporary family health
care dwelling must:
new text end

new text begin (1) be primarily assembled at a location other than its site of installation;
new text end

new text begin (2) be no more than 300 gross square feet;
new text end

new text begin (3) not be attached to a permanent foundation;
new text end

new text begin (4) be universally designed and meet state-recognized accessibility standards;
new text end

new text begin (5) provide access to water and electric utilities either by connecting to the utilities
that are serving the principal dwelling on the lot or by other comparable means;
new text end

new text begin (6) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction;
new text end

new text begin (7) have a minimum insulation rating of R-15;
new text end

new text begin (8) be able to be installed, removed, and transported by a one-ton pickup truck
as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002,
subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38;
new text end

new text begin (9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an
Industrialized Buildings Commission seal and data plate or to American National
Standards Institute Code 119.2; and
new text end

new text begin (10) be equipped with a backflow check valve.
new text end

new text begin Subd. 3. new text end

new text begin Temporary dwelling permit; application. new text end

new text begin (a) Unless the county has
designated temporary family health care dwellings as permitted uses, a temporary family
health care dwelling is subject to the provisions in this section. A temporary family health
care dwelling that meets the requirements of this section cannot be prohibited by a local
ordinance that regulates accessory uses or recreational vehicle parking or storage.
new text end

new text begin (b) The caregiver or relative must apply for a temporary dwelling permit from the
county. The permit application must be signed by the primary caregiver, the owner of the
property on which the temporary family health care dwelling will be located, and the
resident of the property if the property owner does not reside on the property, and include:
new text end

new text begin (1) the name, address, and telephone number of the property owner, the resident of
the property if different from the owner, and the primary caregiver responsible for the care
of the mentally or physically impaired person; and the name of the mentally or physically
impaired person who will live in the temporary family health care dwelling;
new text end

new text begin (2) proof of the provider network from which the mentally or physically impaired
person may receive respite care, primary care, or remote patient monitoring services;
new text end

new text begin (3) a written certification that the mentally or physically impaired person requires
assistance with two or more instrumental activities of daily living signed by a physician,
a physician assistant, or an advanced practice registered nurse licensed to practice in
this state;
new text end

new text begin (4) an executed contract for septic service management or other proof of adequate
septic service management;
new text end

new text begin (5) an affidavit that the applicant has provided notice to adjacent property owners
and residents of the application for the temporary dwelling permit; and
new text end

new text begin (6) a general site map to show the location of the temporary family health care
dwelling and other structures on the lot.
new text end

new text begin (c) The temporary family health care dwelling must be located on property where the
caregiver or relative resides. A temporary family health care dwelling must comply with
all setback requirements that apply to the primary structure and with any maximum floor
area ratio limitations that may apply to the primary structure. The temporary family health
care dwelling must be located on the lot so that septic services and emergency vehicles
can gain access to the temporary family health care dwelling in a safe and timely manner.
new text end

new text begin (d) A temporary family health care dwelling is limited to one occupant who is a
mentally or physically impaired person. The person must be identified in the application.
Only one temporary family health care dwelling is allowed on a lot.
new text end

new text begin (e) Unless otherwise provided, a temporary family health care dwelling installed
under this section must comply with all applicable state law and local ordinances.
new text end

new text begin Subd. 4. new text end

new text begin Initial permit term; renewal. new text end

new text begin The initial temporary dwelling permit is
valid for six months. The applicant may renew the permit once for an additional six months.
new text end

new text begin Subd. 5. new text end

new text begin Inspection. new text end

new text begin The county may require that the permit holder provide
evidence of compliance with this section as long as the temporary family health care
dwelling remains on the property. The county may inspect the temporary family health
care dwelling at reasonable times convenient to the caregiver to determine if the temporary
family health care dwelling is occupied and meets the requirements of this section.
new text end

new text begin Subd. 6. new text end

new text begin Revocation of permit. new text end

new text begin The county may revoke the temporary dwelling
permit if the permit holder violates any requirement of this section. If the county revokes a
permit, the permit holder has 60 days from the date of revocation to remove the temporary
family health care dwelling.
new text end

new text begin Subd. 7. new text end

new text begin Fee. new text end

new text begin Unless otherwise specified by an action of the county board, the
county may charge a fee of up to $100 for the initial permit and up to $50 for a renewal
of the permit.
new text end

new text begin Subd. 8. new text end

new text begin No public hearing required; application of section 15.99. new text end

new text begin (a) Due to the
time-sensitive nature of issuing a temporary dwelling permit for a temporary family health
care dwelling, the county does not have to hold a public hearing on the application.
new text end

new text begin (b) The procedures governing the time limit for deciding an application for the
temporary dwelling permit under this section are governed by section 15.99, except as
provided in this section. The county has 15 days to issue a permit requested under this
section or to deny it, except that if the county board holds regular meetings only once per
calendar month the county has 30 days to issue a permit requested under this section
or to deny it. If the county receives a written request that does not contain all required
information, the applicable 15-day or 30-day limit starts over only if the county sends
written notice within five business days of receipt of the request telling the requester what
information is missing. The county cannot extend the period of time to decide.
new text end

new text begin Subd. 9. new text end

new text begin Opt-out. new text end

new text begin A county may by resolution opt-out of the requirements of
this section.
new text end

Sec. 3.

new text begin [462.3593] TEMPORARY FAMILY HEALTH CARE DWELLINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Caregiver" means an individual 18 years of age or older who:
new text end

new text begin (1) provides care for a mentally or physically impaired person; and
new text end

new text begin (2) is a relative, legal guardian, or health care agent of the mentally or physically
impaired person for whom the individual is caring.
new text end

new text begin (c) "Instrumental activities of daily living" has the meaning given in section
256B.0659, subdivision 1, paragraph (i).
new text end

new text begin (d) "Mentally or physically impaired person" means a person who is a resident of
this state and who requires assistance with two or more instrumental activities of daily
living as certified in writing by a physician, a physician assistant, or an advanced practice
registered nurse licensed to practice in this state.
new text end

new text begin (e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle,
aunt, nephew, or niece of the mentally or physically impaired person. Relative includes
half, step, and in-law relationships.
new text end

new text begin (f) "Temporary family health care dwelling" means a mobile residential dwelling
providing an environment facilitating a caregiver's provision of care for a mentally or
physically impaired person that meets the requirements of subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Temporary family health care dwelling. new text end

new text begin A temporary family health
care dwelling must:
new text end

new text begin (1) be primarily assembled at a location other than its site of installation;
new text end

new text begin (2) be no more than 300 gross square feet;
new text end

new text begin (3) not be attached to a permanent foundation;
new text end

new text begin (4) be universally designed and meet state-recognized accessibility standards;
new text end

new text begin (5) provide access to water and electric utilities either by connecting to the utilities
that are serving the principal dwelling on the lot or by other comparable means;
new text end

new text begin (6) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction;
new text end

new text begin (7) have a minimum insulation rating of R-15;
new text end

new text begin (8) be able to be installed, removed, and transported by a one-ton pickup truck
as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002,
subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38;
new text end

new text begin (9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an
Industrialized Buildings Commission seal and data plate or to American National
Standards Institute Code 119.2; and
new text end

new text begin (10) be equipped with a backflow check valve.
new text end

new text begin Subd. 3. new text end

new text begin Temporary dwelling permit; application. new text end

new text begin (a) Unless the municipality has
designated temporary family health care dwellings as permitted uses, a temporary family
health care dwelling is subject to the provisions in this section. A temporary family health
care dwelling that meets the requirements of this section cannot be prohibited by a local
ordinance that regulates accessory uses or recreational vehicle parking or storage.
new text end

new text begin (b) The caregiver or relative must apply for a temporary dwelling permit from the
municipality. The permit application must be signed by the primary caregiver, the owner
of the property on which the temporary family health care dwelling will be located, and the
resident of the property if the property owner does not reside on the property, and include:
new text end

new text begin (1) the name, address, and telephone number of the property owner, the resident of
the property if different from the owner, and the primary caregiver responsible for the care
of the mentally or physically impaired person; and the name of the mentally or physically
impaired person who will live in the temporary family health care dwelling;
new text end

new text begin (2) proof of the provider network from which the mentally or physically impaired
person may receive respite care, primary care, or remote patient monitoring services;
new text end

new text begin (3) a written certification that the mentally or physically impaired person requires
assistance with two or more instrumental activities of daily living signed by a physician,
a physician assistant, or an advanced practice registered nurse licensed to practice in
this state;
new text end

new text begin (4) an executed contract for septic service management or other proof of adequate
septic service management;
new text end

new text begin (5) an affidavit that the applicant has provided notice to adjacent property owners
and residents of the application for the temporary dwelling permit; and
new text end

new text begin (6) a general site map to show the location of the temporary family health care
dwelling and other structures on the lot.
new text end

new text begin (c) The temporary family health care dwelling must be located on property where the
caregiver or relative resides. A temporary family health care dwelling must comply with
all setback requirements that apply to the primary structure and with any maximum floor
area ratio limitations that may apply to the primary structure. The temporary family health
care dwelling must be located on the lot so that septic services and emergency vehicles
can gain access to the temporary family health care dwelling in a safe and timely manner.
new text end

new text begin (d) A temporary family health care dwelling is limited to one occupant who is a
mentally or physically impaired person. The person must be identified in the application.
Only one temporary family health care dwelling is allowed on a lot.
new text end

new text begin (e) Unless otherwise provided, a temporary family health care dwelling installed
under this section must comply with all applicable state law, local ordinances, and charter
provisions.
new text end

new text begin Subd. 4. new text end

new text begin Initial permit term; renewal. new text end

new text begin The initial temporary dwelling permit is
valid for six months. The applicant may renew the permit once for an additional six months.
new text end

new text begin Subd. 5. new text end

new text begin Inspection. new text end

new text begin The municipality may require that the permit holder provide
evidence of compliance with this section as long as the temporary family health care
dwelling remains on the property. The municipality may inspect the temporary family
health care dwelling at reasonable times convenient to the caregiver to determine if the
temporary family health care dwelling is occupied and meets the requirements of this
section.
new text end

new text begin Subd. 6. new text end

new text begin Revocation of permit. new text end

new text begin The municipality may revoke the temporary
dwelling permit if the permit holder violates any requirement of this section. If the
municipality revokes a permit, the permit holder has 60 days from the date of revocation
to remove the temporary family health care dwelling.
new text end

new text begin Subd. 7. new text end

new text begin Fee. new text end

new text begin Unless otherwise provided by ordinance, the municipality may charge
a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit.
new text end

new text begin Subd. 8. new text end

new text begin No public hearing required; application of section 15.99. new text end

new text begin (a) Due to the
time-sensitive nature of issuing a temporary dwelling permit for a temporary family health
care dwelling, the municipality does not have to hold a public hearing on the application.
new text end

new text begin (b) The procedures governing the time limit for deciding an application for the
temporary dwelling permit under this section are governed by section 15.99, except as
provided in this section. The municipality has 15 days to issue a permit requested under
this section or to deny it, except that if the statutory or home rule charter city holds regular
meetings only once per calendar month the statutory or home rule charter city has 30 days
to issue a permit requested under this section or to deny it. If the municipality receives a
written request that does not contain all required information, the applicable 15-day or
30-day limit starts over only if the municipality sends written notice within five business
days of receipt of the request telling the requester what information is missing. The
municipality cannot extend the period of time to decide.
new text end

new text begin Subd. 9. new text end

new text begin Opt-out. new text end

new text begin A municipality may by ordinance opt-out of the requirements
of this section.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective September 1, 2016, and applies to temporary dwelling permit
applications made under this act on or after that date.
new text end