Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 201-H.F.No. 1563 
           An act relating to public safety; providing that local 
          governing body may appoint local board of appeal for 
          order issued under the state fire code; providing for 
          notice; providing for smoke detector maintenance; 
          providing penalties; amending Minnesota Statutes 1986, 
          sections 299F.011, subdivision 6, and by adding 
          subdivisions; and 299F.362, subdivisions 5, 6, and by 
          adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 299F.011, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [LOCAL BOARD OF APPEAL.] Local governing bodies 
may appoint boards of appeal to hear and rule on appeals from 
orders issued under the fire code.  An appeal from a local board 
of appeal may be made to the local governing body.  If a board 
of appeal is not appointed, the appeals of orders must be made 
directly to the governing body.  Local boards of appeal and 
governing bodies are not liable for damages in connection with 
granting variances, abatements, denials, or modifications of 
orders from the fire code that are made in good faith.  
    Sec. 2.  Minnesota Statutes 1986, section 299F.011, is 
amended by adding a subdivision to read: 
    Subd. 5b.  When considering appeals for variances from the 
fire code, the local appeal board or governing body, the state 
fire marshal, a state administrative law judge, and a court 
shall take into consideration the benefit to be obtained by 
complying with the fire marshal's orders and the effect on 
affordable housing, provided that the spirit of the code is 
complied with and public safety secured. 
    Sec. 3.  Minnesota Statutes 1986, section 299F.011, 
subdivision 6, is amended to read: 
    Subd. 6.  A person who violates a provision of the uniform 
fire code shall be guilty of a misdemeanor.  No person shall be 
convicted for violating the uniform fire code unless the person 
shall have been given notice of the violation in writing and 
reasonable time to comply.  The notice must contain a statement 
explaining the right to appeal the orders. 
    Sec. 4.  Minnesota Statutes 1986, section 299F.362, 
subdivision 5, is amended to read: 
    Subd. 5.  [MAINTENANCE RESPONSIBILITIES.] For all 
occupancies covered by this section where the occupant is not 
the owner of the dwelling unit or the guest room, the owner is 
responsible for maintenance of the smoke detectors.  An owner 
may file inspection and maintenance reports with the local fire 
marshal for establishing evidence of inspection and maintenance 
of smoke detectors. 
    Sec. 5.  Minnesota Statutes 1986, section 299F.362, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [INFORM OWNER; NO ADDED LIABILITY.] The occupant 
of a dwelling unit must inform the owner of the dwelling unit of 
a nonfunctioning smoke detector within 24 hours of discovering 
that the smoke detector in the dwelling unit is not 
functioning.  If the occupant fails to inform the owner under 
this subdivision, the occupant's liability for damages is not 
greater than it otherwise would be. 
    Sec. 6.  Minnesota Statutes 1986, section 299F.362, 
subdivision 6, is amended to read: 
    Subd. 6.  [PENALTY PENALTIES.] (a) Any person who violates 
any provision of this section shall be subject to the same 
penalty incurred for violation of the uniform fire code, as 
specified in section 299F.011, subdivision 6. 
    (b) An occupant who willfully disables a smoke detector or 
causes it to be nonfunctioning, resulting in damage or injury to 
persons or property, is guilty of a misdemeanor. 
    Approved May 21, 1987