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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


                         Laws of Minnesota 1989 

                         CHAPTER 82-H.F.No. 595 
           An act relating to housing; providing for relocating 
          residential buildings; amending Minnesota Statutes 
          1988, sections 16B.61, subdivision 3; and 462.357, 
          subdivision 1. 
    Section 1.  Minnesota Statutes 1988, section 16B.61, 
subdivision 3, is amended to read: 
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 
    (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.  
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. 
    (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. 
    (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 
    (h)  [DOUBLE CYLINDER DEAD BOLT LOCKS.] 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. 
building relocated within or into a political subdivision of the 
state need not comply with the state energy code or section 
326.371 provided that, where available, an energy audit is 
conducted on the relocated building. 
    Sec. 2.  Minnesota Statutes 1988, section 462.357, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY FOR ZONING.] For the purpose of 
promoting the public health, safety, morals and general welfare, 
a municipality may by ordinance regulate on the earth's surface, 
in the air space above the surface, and in subsurface areas, the 
location, height, width, bulk, type of foundation, number of 
stories, size of buildings and other structures, the percentage 
of lot which may be occupied, the size of yards and other open 
spaces, the density and distribution of population, the uses of 
buildings and structures for trade, industry, residence, 
recreation, public activities, or other purposes, and the uses 
of land for trade, industry, residence, recreation, agriculture, 
forestry, soil conservation, water supply conservation, 
conservation of shorelands, as defined in section 105.485, 
access to direct sunlight for solar energy systems as defined in 
section 116J.06 216C.06, flood control or other purposes, and 
may establish standards and procedures regulating such uses.  No 
regulation may prohibit earth sheltered construction as defined 
in section 116J.06 216C.06, subdivision 2, relocated residential 
buildings, or manufactured homes built in conformance with 
sections 327.31 to 327.35 that comply with all other zoning 
ordinances promulgated pursuant to this section.  The 
regulations may divide the surface, above surface, and 
subsurface areas of the municipality into districts or zones of 
suitable numbers, shape and area.  The regulations shall be 
uniform for each class or kind of buildings, structures or land 
and for each class or kind of use throughout such district, but 
the regulations in one district may differ from those in other 
districts.  The ordinance embodying these regulations shall be 
known as the zoning ordinance and shall consist of text and 
maps.  A city may by ordinance extend the application of its 
zoning regulations to unincorporated territory located within 
two miles of its limits in any direction, but not in a county or 
town which has adopted zoning regulations; provided that where 
two or more noncontiguous municipalities have boundaries less 
than four miles apart, each is authorized to control the zoning 
of land on its side of a line equidistant between the two 
noncontiguous municipalities unless a town or county in the 
affected area has adopted zoning regulations.  Any city may 
thereafter enforce such regulations in the area to the same 
extent as if such property were situated within its corporate 
limits, until the county or town board adopts a comprehensive 
zoning regulation which includes the area.  
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Presented to the governor May 5, 1989 
    Signed by the governor May 9, 1989, 10:33 a.m.