Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 388-S.F.No. 1692 
           An act relating to public safety; conforming 
          definition of "family or group family day care home" 
          for purposes of fire code enforcement; providing for 
          civil penalty for violation of the federal Emergency 
          Planning and Community Right To Know Act; abolishing 
          nominal reimbursements for local fire chiefs; 
          abolishing certain regulation of fire extinguishers 
          now regulated under state fire code; abolishing 
          regulation regarding "no smoking" signs which are 
          regulated by state fire code; abolishing regulations 
          relating to fire alarm deactivation requests and 
          notices; abolishing state licensing of, and certain 
          regulation regarding, dry cleaning and dyeing 
          establishments, which are also regulated by state fire 
          code; abolishing certain state licensing and 
          inspection regulations for theaters and halls, which 
          are regulated by the state fire code; amending 
          Minnesota Statutes 1988, section 299F.011, subdivision 
          4a; Minnesota Statutes 1989 Supplement, section 
          299K.10, subdivision 6; repealing Minnesota Statutes 
          1988, sections 299F.34; 299F.36; 299F.38; 299F.453; 
          299F.454; 299H.211; 299H.22 to 299H.28; and 299I.01 to 
          299I.24. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 299F.011, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [FAMILY OR GROUP FAMILY DAY CARE HOME 
REGULATION.] Notwithstanding any contrary provision of this 
section, the fire marshal shall not adopt or enforce a rule:  
    (1) establishing staff ratios, age distribution 
requirements, and limitations on the number of children in care; 
    (2) regulating the means of egress from family or group 
family day care homes in addition to the egress rules that apply 
to the home as a single family dwelling; or 
    (3) confining family or group family day care home 
activities to the floor of exit discharge.  
    For purposes of this subdivision, "family or group family 
day care home" means a single family dwelling unit in which the 
day care provider:  (1) resides as a member of the household; 
and (2) provides the services referred to in section 245A.02, 
subdivision 5 10, to one or more persons.  
    Nothing in this subdivision prohibits the department of 
human services from adopting or enforcing rules regulating day 
care, including the subjects in subdivision 4a, clauses (1) and 
(3).  The department may not, however, adopt or enforce a rule 
stricter than subdivision 4a, clause (2).  
    The department of human services may by rule adopt 
procedures for requesting the state fire marshal or a local fire 
marshal to conduct an inspection of day care homes to ensure 
compliance with state or local fire codes.  
     Sec. 2.  Minnesota Statutes 1989 Supplement, section 
299K.10, subdivision 6, is amended to read: 
    Subd. 6.  [CIVIL PENALTIES.] (a) A violation of the federal 
act is a violation of state law. 
    (b) An owner or operator of a facility is liable to the 
state for civil penalties in the same manner and amount as the 
owner or operator is liable to the United States under section 
11045, subpart (a) and, subpart (b), paragraphs (1), (2), and 
(3), and subpart (c), paragraphs (1) and (2), of the federal act.
    (c) The commission may enforce the penalties in state 
district court in the same manner as the administrator of the 
United States Environmental Protection Agency may enforce the 
civil penalties in federal district court under the federal act. 
    (d) For purposes of this subdivision, each day of continued 
violation constitutes a separate violation. 
    Sec.  3.  [REPEALER.] 
    Minnesota Statutes 1988, sections 299F.34, 299F.36, 
299F.38, 299F.453, 299F.454, 299H.211, 299H.22, 299H.23, 
299H.24, 299H.25, 299H.26, 299H.27, 299H.28, 299I.01, 299I.011, 
299I.02, 299I.03, 299I.04, 299I.05, 299I.06, 299I.07, 299I.08, 
299I.10, 299I.20, 299I.21, 299I.22, 299I.23, and 299I.24 are 
repealed. 
     Sec. 4.  [EFFECTIVE DATE.] 
    Section 2 is effective the day following final enactment 
for violations committed on and after that date. 
    Presented to the governor March 30, 1990 
    Signed by the governor April 3, 1990, 8:39 p.m.