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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) 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