language to be deleted (2) new language
Laws of Minnesota 1988 CHAPTER 608-H.F.No. 1795 An act relating to human services; creating a task force to study building code standards for family and group family day care homes; changing building code requirements concerning certain child care facilities; allowing variance to rules for child care facilities in some circumstances; allowing use of double cylinder dead bolt locks in certain instances; amending Minnesota Statutes 1987 Supplement, sections 16B.61, subdivision 3; 245A.04, by adding a subdivision; and 245A.14, by adding subdivisions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1987 Supplement, section 16B.61, subdivision 3, is amended to read: Subd. 3. [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER VANS.] The code must require that any parking ramp or other parking facility constructed in accordance with the code include an appropriate number of spaces suitable for the parking of motor vehicles having a capacity of seven to 16 persons and which are principally used to provide prearranged commuter transportation of employees to or from their place of employment or to or from a transit stop authorized by a local transit authority. (b) [SMOKE DETECTION DEVICES.] The code must require that all dwellings, lodging houses, apartment houses, and hotels as defined in section 299F.362 comply with the provisions of section 299F.362. (c) [DOORS IN NURSING HOMES AND HOSPITALS.] The state building code may not require that each door entering a sleeping or patient's room from a corridor in a nursing home or hospital with an approved complete standard automatic fire extinguishing system be constructed or maintained as self-closing or automatically closing. (d) [CHILD CARE FACILITIES IN CHURCHES.] A licensed day care center serving fewer than 30 preschool age persons and which is located in a below ground space in a church building is exempt from the state building code requirement for a ground level exit when the center has more than two stairways to the ground level and its exit. (e) [FAMILY AND GROUP FAMILY DAY CARE.] The commissioner of administration shall establish a task force to determine occupancy standards specific and appropriate to family and group family day care homes and to examine hindrances to establishing day care facilities in rural Minnesota. The task force must include representatives from rural and urban building code inspectors, rural and urban fire code inspectors, rural and urban county day care licensing units, rural and urban family and group family day care providers and consumers, child care advocacy groups, and the departments of administration, human services, and public safety. By January 1, 1989, the commissioner of administration shall report the task force findings and recommendations to the appropriate legislative committees together with proposals for legislative action on the recommendations. Until the legislature enacts legislation specifying appropriate standards, the definition of Group R-3 occupancies in the state building code applies to family and group family day care homes licensed by the department of human services under Minnesota Rules, chapter 9502.
(e)(f) [MINED UNDERGROUND SPACE.] Nothing in the state building codes shall prevent cities from adopting rules governing the excavation, construction, reconstruction, alteration, and repair of mined underground space pursuant to sections 469.135 to 469.141, or of associated facilities in the space once the space has been created, provided the intent of the building code to establish reasonable safeguards for health, safety, welfare, comfort, and security is maintained. (f)(g) [ENCLOSED STAIRWAYS.] No provision of the code or any appendix chapter of the code may require stairways of existing multiple dwelling buildings of two stories or less to be enclosed. (h) No provision of the code or appendix chapter of the code may prohibit double cylinder dead bolt locks in existing single-family homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. Any recommendation or promotion of double cylinder dead bolt locks must include a warning about their potential fire danger and procedures to minimize the danger. Sec. 2. Minnesota Statutes 1987 Supplement, section 245A.04, is amended by adding a subdivision to read: Subd. 9. [VARIANCES.] The commissioner may grant variances to rules that do not affect the health or safety of persons in a licensed program if the following conditions are met: (1) the variance must be requested by an applicant or license holder on a form and in a manner prescribed by the commissioner; (2) the request for a variance must include the reasons that the applicant or license holder cannot comply with a requirement as stated in the rule and the alternative equivalent measures that the applicant or license holder will follow to comply with the intent of the rule; and (3) the request must state the period of time for which the variance is requested. The commissioner's decision to grant or deny a variance request is final and not subject to appeal under the provisions of chapter 14. Sec. 3. Minnesota Statutes 1987 Supplement, section 245A.14, is amended by adding a subdivision to read: Subd. 4. [SPECIAL FAMILY DAY CARE HOMES.] Nonresidential child care programs that are conducted at a location other than the license holder's own residence shall be licensed under the rules governing family day care or group family day care if: (a) the license holder is the primary provider of care; (b) the nonresidential child care program is conducted in a dwelling that is located on a residential lot; and (c) the license holder complies with all other requirements of sections 245A.01 to 245A.15 and the rules governing family day care or group family day care. Sec. 4. Minnesota Statutes 1987 Supplement, section 245A.14, is amended by adding a subdivision to read: Subd. 5. [RULES GOVERNING STAFF QUALIFICATIONS IN NONRESIDENTIAL CHILD CARE CENTERS.] The education and training requirements for nonresidential child care center staff contained in the rules that were in effect on January 1, 1988, shall be the minimum qualifications until July 1, 1991. Sec. 5. [EFFECTIVE DATE.] This act is effective the day following final enactment. Approved April 24, 1988