Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 286-S.F.No. 1105 
           An act relating to health; extending the expiration 
          date of certain advisory councils and committees; 
          modifying provisions relating to lead abatement; 
          changing regulation provisions for hotels, resorts, 
          restaurants, and manufactured homes; requiring a 
          manufactured home park zoning study; providing 
          penalties; amending Minnesota Statutes 1992, sections 
          15.059, subdivision 5; 144.73, subdivision 3; 144.871, 
          subdivisions 2, 6, 7a, and by adding subdivisions; 
          144.872, subdivision 2; 144.873, subdivision 2; 
          144.874, subdivisions 1, 3, 4, and 6; 144.878, 
          subdivisions 2 and 5; 157.01, subdivision 1; 157.03; 
          157.08; 157.081, subdivision 1; 157.09; 157.12; 
          157.14; 245.97, subdivision 6; 327.10; 327.11; 327.16, 
          subdivision 5; 327.20, subdivision 1; 327.26, 
          subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapters 144; and 157; repealing 
          Minnesota Statutes 1992, sections 144.8721; 144.874, 
          subdivision 10; 144.878, subdivision 2a; and 157.05, 
          subdivisions 2 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 15.059, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXPIRATION DATE.] Unless a different date is 
specified by law, the existence of each advisory council and 
committee governed by this section shall terminate on June 30, 
1993 1994. 
    Sec. 2.  Minnesota Statutes 1992, section 144.73, 
subdivision 3, is amended to read: 
    Subd. 3.  [HEARINGS.] The camp operator shall be entitled 
to a hearing before the commissioner on the revocation of the 
operator's permit.  A request for such hearing shall be made by 
the camp operator in writing.  The hearing shall be held at the 
time and place designated by the commissioner and at least five 
days written notice of such hearing shall be given to the camp 
operator.  The notice may be served by certified mail.  The camp 
operator shall be entitled to be represented by legal counsel 
and shall have the right to produce evidence and testimony at 
such hearing.  The commissioner may appoint in writing any 
competent person to preside at such hearing.  Such person shall 
take testimony, administer oaths, issue subpoenas, compel the 
attendance of witnesses, and transmit the record of the hearing 
to the commissioner.  The decision of the commissioner shall be 
based on the evidence and testimony presented at such 
hearing The procedure for hearings or for appeals from the order 
of the department or the commissioner shall be in accordance 
with chapter 14. 
    Sec. 3.  Minnesota Statutes 1992, section 144.871, 
subdivision 2, is amended to read: 
    Subd. 2.  [ABATEMENT.] "Abatement" means removal of, 
replacement of, or encapsulation of deteriorated paint, bare 
soil, dust, drinking water, or other lead-containing materials 
that are or may become readily accessible during the lead 
abatement process and pose an immediate threat of actual lead 
exposure to people.  
    Sec. 4.  Minnesota Statutes 1992, section 144.871, 
subdivision 6, is amended to read: 
    Subd. 6.  [ELEVATED BLOOD LEAD LEVEL.] "Elevated blood lead 
level" in a child no more than six years old before the sixth 
birthday or in a pregnant woman means a blood lead level that 
exceeds the federal Centers for Disease Control guidelines for 
preventing lead poisoning in young children, unless the 
commissioner finds that a lower concentration is necessary to 
protect public health. 
    Sec. 5.  Minnesota Statutes 1992, section 144.871, 
subdivision 7a, is amended to read: 
    Subd. 7a.  [HIGH RISK FOR TOXIC LEAD EXPOSURE.] "High risk 
for toxic lead exposure" means either: 
    (1) that elevated blood lead levels have been diagnosed in 
a population of children or pregnant women; or 
    (2) without blood lead data, that a population of children 
or pregnant women resides in: 
    (i) a census tract with many residential structures known 
to have or suspected of having deteriorated lead-based paint; or 
    (ii) a census tract with a median soil lead concentration 
greater than 100 parts per million for any sample collected 
according to Minnesota Rules, part 4761.0400, subpart 8, and 
rules adopted under section 144.878; or 
    (3) the priorities adopted by the commissioner under 
section 144.878, subdivision 2, shall apply to this subdivision. 
    Sec. 6.  Minnesota Statutes 1992, section 144.871, is 
amended by adding a subdivision to read: 
    Subd. 7d.  [PERSON.] "Person" has the meaning given in 
section 103I.005, subdivision 16. 
    Sec. 7.  Minnesota Statutes 1992, section 144.871, is 
amended by adding a subdivision to read: 
    Subd. 7c.  [LEAD INSPECTOR.] "Lead inspector" means an 
individual who has successfully completed a training course in 
investigation of residences for possible sources of lead 
exposure and who is licensed by the commissioner according to 
rules adopted under section 144.877, subdivision 6, to perform 
this activity. 
    Sec. 8.  Minnesota Statutes 1992, section 144.871, is 
amended by adding a subdivision to read: 
    Subd. 10.  [VENOUS BLOOD SAMPLE.] "Venous blood sample" 
means a quantity of blood drawn from a vein. 
    Sec. 9.  Minnesota Statutes 1992, section 144.872, 
subdivision 2, is amended to read: 
    Subd. 2.  [HOME ASSESSMENTS.] (a) The commissioner shall, 
within available federal or state appropriations, contract with 
boards of health, who may determine priority for responding to 
cases of elevated blood lead levels, to conduct assessments to 
determine sources of lead contamination in the residences of 
pregnant women whose blood lead levels are at least ten 
micrograms per deciliter and of children whose blood lead levels 
are at least 20 micrograms per deciliter or whose blood lead 
levels persist in the range of 15 to 19 micrograms per deciliter 
for 90 days after initial identification to the board of health 
or the commissioner.  Assessments must be conducted within five 
working days of the board of health receiving notice that the 
criteria in this subdivision have been met.  
    (b) The commissioner or boards of health must identify the 
known addresses for the previous 12 months of the child or 
pregnant woman with elevated blood lead levels and notify the 
property owners at those addresses.  The commissioner may also 
collect information on the race, sex, and family income of 
children and pregnant women with elevated blood lead levels. 
    (c) Within the limits of appropriations, a board of health 
shall conduct home assessments for children and pregnant women 
whose confirmed blood lead levels are in the range of ten to 19 
micrograms per deciliter.  
    (d) The commissioner shall also provide educational 
materials on all sources of lead to boards of health to provide 
education on ways of reducing the danger of lead contamination.  
The commissioner may provide laboratory or field lead testing 
equipment to a board of health or may reimburse a board of 
health for direct costs associated with assessments. 
    Sec. 10.  Minnesota Statutes 1992, section 144.873, 
subdivision 2, is amended to read: 
    Subd. 2.  [TEST OF CHILDREN IN HIGH RISK AREAS.] Within 
limits of available state and federal appropriations, the 
commissioner shall promote and subsidize a blood lead test of 
all children under six years of age before the sixth birthday 
who live in all areas of high risk for toxic lead exposure that 
are currently known or subsequently identified.  Within the 
limits of available appropriations, the commissioner shall 
conduct surveys, especially soil assessments larger than a 
residence, as defined by the commissioner, in greater Minnesota 
communities where a case of elevated blood lead levels has been 
reported. 
    Sec. 11.  Minnesota Statutes 1992, section 144.874, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESIDENCE ASSESSMENT.] (a) A board of 
health must conduct a timely assessment of a residence, within 
five working days of receiving notification that the criteria in 
this subdivision have been met, as confirmed by lead analysis of 
a venous blood sample, to determine sources of lead exposure if: 
    (1) a pregnant woman in the residence is identified as 
having a blood lead level of at least ten micrograms of lead per 
deciliter of whole blood; 
    (2) a child in the residence is identified as having a 
blood lead level at or above 20 micrograms per deciliter; or 
    (3) a child in the residence is identified as having a 
blood lead level that persists in the range of 15 to 19 
micrograms per deciliter for 90 days after initial 
identification.  Assessments must be conducted by a board of 
health regardless of the availability of state or federal 
appropriations for assessments. 
    (b) Within the limits of available state and federal 
appropriations, a board of health shall also conduct home 
assessments for children whose confirmed blood lead levels are 
in the range of ten to 19 micrograms per deciliter.  A board of 
health may assess a residence even if none of the three criteria 
in this subdivision are met. 
    (c) If a child regularly spends several hours per day at 
another residence, such as a residential child care facility, 
the board of health must also assess the other residence. 
    (d) Sections 144.871 to 144.879 neither authorize nor 
prohibit a board of health from charging a property owner for 
the cost of assessment. 
    (b) (e) The board of health must conduct the residential 
assessment according to rules adopted by the commissioner 
according to section 144.878.  A board of health shall have 
residential assessments performed by lead inspectors licensed by 
the commissioner according to rules adopted under section 
144.877.  A board of health may observe the performance of lead 
abatement in progress and has authority to enforce the 
provisions of chapter 144. 
    Sec. 12.  Minnesota Statutes 1992, section 144.874, 
subdivision 3, is amended to read: 
    Subd. 3.  [LEAD ABATEMENT ORDERS.] A board of health must 
order a property owner to perform abatement on a lead source 
that exceeds a standard adopted according to section 144.878 at 
the residence of a child with an elevated blood lead level or a 
pregnant woman with a blood lead level of at least ten 
micrograms per deciliter.  Lead abatement orders must require 
that any source of damage, such as leaking roofs, plumbing, and 
windows, must be repaired or replaced, as needed, to prevent 
damage to lead-containing interior surfaces.  The board of 
health is not required to pay for lead abatement.  With each 
lead abatement order, the board of health must provide a 
residential lead abatement guide.  
    Sec. 13.  Minnesota Statutes 1992, section 144.874, 
subdivision 4, is amended to read: 
    Subd. 4.  [RELOCATION OF RESIDENTS.] A board of health must 
ensure that residents are relocated from rooms or dwellings 
during abatement that generates leaded dust, such as removal or 
disruption of lead-based paint or plaster that contains lead.  A 
board of health is not required to pay for relocation unless 
state or federal funding is available for this purpose.  
Residents must be allowed to return to the residence or dwelling 
after completion of abatement.  A board of health shall use 
grant funds under section 144.872, subdivision 3, in cooperation 
with local housing agencies, to pay for moving costs for any 
low-income resident temporarily relocated during lead abatement, 
not to exceed $250 per household. 
    Sec. 14.  Minnesota Statutes 1992, section 144.874, 
subdivision 6, is amended to read: 
    Subd. 6.  [RETESTING REQUIRED.] After completion of the 
lead abatement as ordered, the board of health must retest the 
residence to assure the violations no longer exist.  The board 
of health is not required to test a residence after lead 
abatement that was not ordered by the board of health. 
     Sec. 15.  [144.877] [LEAD INSPECTORS.] 
    Subdivision 1.  [LICENSE REQUIRED.] No person may perform 
the duties of a lead inspector unless the person is licensed by 
the commissioner.  A lead inspector shall have the inspector's 
license readily available at all times at an assessment site and 
make it available, upon request, for inspection by the 
commissioner or by a member of the staff of a board of health 
with jurisdiction over the site.  A license must be renewed 
annually and may not be transferred. 
    Subd. 2.  [LICENSE APPLICATION.] (a) An application for a 
license and for renewal of a license must be on a form provided 
by the commissioner and be accompanied by: 
    (1) the fee set by the commissioner; and 
    (2) evidence that the applicant has successfully completed 
a lead inspection training course approved by the commissioner 
or, within the previous 180 days, an initial lead inspection 
training course. 
    (b) The fee required by this subdivision is waived for an 
employee of a board of health. 
    Subd. 3.  [LICENSE RENEWAL.] A license is valid for one 
year from the issuance date unless revoked by the commissioner.  
An applicant must successfully complete either an approved 
initial lead inspection training course or an approved annual 
refresher lead inspection training course to apply for license 
renewal. 
    Subd. 4.  [LICENSE REPLACEMENT.] A licensed lead inspector 
may obtain a replacement license by reapplying for a license.  A 
replacement license expires on the same date as the original 
license. 
    Subd. 5.  [GROUNDS FOR DISCIPLINARY ACTION.] (a) The 
commissioner may deny an application, revoke a license, or 
impose limitations or conditions on a license if a licensed lead 
inspector: 
    (1) violates this section or rules adopted by the 
commissioner; 
    (2) submits an application that is incomplete or inaccurate 
or is not accompanied by the required fee, or if the fee is paid 
by an invalid check; 
    (3) obtains a license, certificate, or approval through 
error, fraud, or cheating; 
    (4) provides false or fraudulent information on forms 
submitted to the commissioner; 
    (5) allows an unlicensed or uncertified person to engage, 
or aids an unlicensed or uncertified person in engaging, in 
activities for which a license or certificate is required; 
    (6) endangers public health or safety; or 
    (7) has been convicted during the previous five years of a 
felony or gross misdemeanor under section 270.72, 325F.69, or 
325F.71. 
    (b) An application for licensure that has been denied may 
be resubmitted when the reasons for the denial have been 
corrected.  A person whose license is revoked may not apply for 
a license within one year of the date of revocation. 
    Subd. 6.  [RULES.] The commissioner shall adopt rules to 
implement this section, including rules setting fees for 
licenses and license renewals and rules for approving initial 
lead inspection training courses and annual refresher lead 
inspection training courses. 
    Sec. 16.  Minnesota Statutes 1992, section 144.878, 
subdivision 2, is amended to read: 
    Subd. 2.  [LEAD STANDARDS AND ABATEMENT METHODS.] (a) The 
commissioner shall adopt rules establishing standards and 
abatement methods for lead in paint, dust, and drinking water in 
a manner that protects public health and the environment for all 
residences, including residences also used for a commercial 
purpose.  The commissioner shall adopt priorities for providing 
abatement services to areas defined to be at high risk for toxic 
lead exposure.  In adopting priorities, the commission shall 
consider the number of children and pregnant women diagnosed 
with elevated blood lead levels and the median concentration of 
lead in the soil.  The commissioner shall give priority to areas 
having the largest population of children and pregnant women 
having elevated blood lead levels, areas with the highest median 
soil lead concentration, and areas where it has been determined 
that there are large numbers of residences that have 
deteriorating paint.  The commissioner shall differentiate 
between intact paint and deteriorating paint.  The commissioner 
and political subdivisions shall require abatement of intact 
paint only if the commissioner or political subdivision finds 
that intact paint is a chewable or lead-dust producing surface 
that is a known source of actual lead exposure to a specific 
person.  In adopting rules under this subdivision, the 
commissioner shall require the best available technology for 
abatement methods, paint stabilization, and repainting.  
    (b) The commissioner of health shall adopt standards and 
abatement methods for lead in bare soil on playgrounds and 
residential property in a manner to protect public health and 
the environment. 
    (c) The commissioner of the pollution control agency shall 
adopt rules to ensure that removal of exterior lead-based 
coatings from residential property by abrasive blasting methods 
and disposal of any hazardous waste are conducted in a manner 
that protects public health and the environment. 
    (d) All standards adopted under this subdivision must 
provide adequate margins of safety that are consistent with a 
detailed review of scientific evidence and an emphasis on 
overprotection rather than underprotection when the scientific 
evidence is ambiguous.  The rules must apply to any individual 
performing or ordering the performance of lead abatement. 
    Sec. 17.  Minnesota Statutes 1992, section 144.878, 
subdivision 5, is amended to read: 
    Subd. 5.  [LEAD ABATEMENT CONTRACTORS AND EMPLOYEES.] The 
commissioner shall adopt rules to license lead abatement 
contractors, to certify employees of lead abatement contractors 
who perform abatement, and to certify lead abatement trainers 
who provide lead abatement training for contractors, employees, 
or other lead abatement trainers.  The rules must include 
standards and procedures for on-the-job training for swab 
teams.  All lead abatement training must include a hands-on 
component and instruction on the health effects of lead 
exposure, the use of personal protective equipment, workplace 
hazards and safety problems, abatement methods and work 
practices, decontamination procedures, cleanup and waste 
disposal procedures, lead monitoring and testing methods, and 
legal rights and responsibilities.  At least 30 days before 
publishing initial notice of proposed rules under this 
subdivision on the licensing of lead abatement contractors, the 
commissioner shall submit the rules to the chairs of the health 
and human services committees in the house of representatives 
and the senate, and to any legislative committee on licensing 
created by the legislature. 
    Sec. 18.  Minnesota Statutes 1992, section 157.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TYPES OF ESTABLISHMENTS.] Every building 
or structure or enclosure, or any part thereof, kept, used as, 
maintained as, or advertised as, or held out to the public to be 
an enclosure where sleeping accommodations are furnished to the 
public and furnishing accommodations for periods of less than 
one week shall for the purpose of this chapter be deemed an a 
hotel or motel.  
    Every building or other structure or enclosure, or any part 
thereof and all buildings in connection, kept, used or 
maintained as, or advertised as, or held out to the public to be 
an enclosure where meals or lunches are served or prepared for 
service elsewhere shall for the purpose of this chapter be 
deemed to be a restaurant, and the person in charge thereof, 
whether as owner, lessee, manager or agent, for the purpose of 
this chapter shall be deemed the proprietor of the restaurant, 
and whenever the word "restaurant" occurs in this chapter, it 
shall be construed to mean a structure as described in this 
section.  
    Every building or structure, or any part thereof, kept, 
used as, maintained as, advertised as, or held out to be a place 
where sleeping accommodations are furnished to the public as 
regular roomers, for periods of one week or more, and having 
five or more beds to let to the public, shall, for the purpose 
of this chapter, be deemed a lodging house.  
    Every building or structure or enclosure, or any part 
thereof, used as, maintained as, or advertised as, or held out 
to be an enclosure where meals or lunches are furnished to five 
or more regular boarders, whether with or without sleeping 
accommodations, for periods of one week or more, shall, for the 
purpose of this chapter, be deemed a boarding house.  
     Every building or structure, or any part thereof, used as, 
maintained as, or advertised as, or held out to be a place where 
confectionery, ice cream, or drinks of various kinds are made, 
sold or served at retail, shall, for the purpose of this 
chapter, be deemed to be a place of refreshment.  This chapter 
shall not be applicable in any manner to a general merchandise 
store, oil station, cigar stand, confectionery store, or drug 
store not providing meals, lunches, lodging, or fountain, bar, 
booth, or table service, or to a grocery store in which meals or 
lunches are served or which contains a fountain, bar, booth, 
delicatessen, or table service. 
      For the purpose of this chapter, a resort means any 
building, structure, or enclosure, or any part thereof, located 
on, or on property neighboring, any lake, stream, or skiing or 
hunting area for purposes of providing convenient access 
thereto, kept, used, maintained, or advertised as, or held out 
to the public to be an enclosure where sleeping accommodations 
are furnished to the public, and primarily to those seeking 
recreation, for periods of one day, one week, or longer, and 
having for rent five or more cottages, rooms, or enclosures.  
    Sec. 19.  Minnesota Statutes 1992, section 157.03, is 
amended to read: 
    157.03 [LICENSES REQUIRED; FEES.] 
    Each year every person, firm, or corporation engaged in the 
business of conducting an hotel, motel, restaurant, lodging 
house, boarding house, or resort, or place of refreshment, or 
who shall hereafter engage in conducting any such business, 
except vending machine operators licensed under the license 
provisions of sections 28A.01 to 28A.16, must procure a license 
for each hotel, motel, restaurant, lodging house, boarding 
house, or resort, or place of refreshment so conducted.  For any 
hotel, motel, resort, campground, or manufactured home park as 
defined in section 327.15, in which food, fountain, or bar 
service is furnished, one license, in addition to the hotel, 
resort, manufactured home park, or campground license, shall be 
sufficient for all restaurants and places of refreshment 
conducted on the same premises and under the same management 
with the hotel, motel, resort, manufactured home park, or 
campground.  Each license shall expire and be renewed as 
prescribed by the commissioner pursuant to section 144.122.  Any 
proprietor who operates a place of business after the expiration 
date without first having made application for a license and 
without having made payment of the fee thereof shall be deemed 
to have violated the provisions of this chapter and be subject 
to prosecution, as provided in this chapter.  In addition 
thereto, a penalty in an amount prescribed by the commissioner 
pursuant to section 144.122 shall be added to the amount of the 
license fee and paid by the proprietor, as provided herein, if 
the application has not reached the office of the state 
commissioner of health within 30 days following the expiration 
of license; or, in the case of a new business, 30 days after the 
opening date of the business.  The state commissioner of health 
shall furnish to Any person, firm, or corporation desiring to 
conduct an hotel, motel, restaurant, lodging house, boarding 
house, or resort, or place of refreshment an shall make 
application blank to be filled out by the person, firm, or 
corporation, on forms provided by the department for a license 
therefor, which shall require the applicant to state the full 
name and address of the owner of the building, structure, or 
enclosure, the lessee and manager of the hotel, motel, 
restaurant, lodging house, boarding house, or resort, or place 
of refreshment, the location of the same, the name under which 
the business is to be conducted, and any other information as 
may be required therein by the state commissioner of health to 
complete the application for license.  The application shall be 
accompanied by a license fee as hereinafter provided. 
    For hotels, motels, lodging houses, and resorts, the 
license fee may be graduated according to the number of sleeping 
rooms and the amount of the fees shall be prescribed by the 
state commissioner of health pursuant to section 144.122. 
    For restaurants, places of refreshment, and boarding 
houses, the license fee may be based on the average number of 
employees.  If the license fee is so computed, the commissioner 
shall consider each full-time employee as one employee and each 
part-time employee as that fraction of one employee as the 
number of months the employee is employed is to the 12 months of 
the year.  The number of employees counted for each 
establishment shall be based upon the total number of employees 
employed full time and employed part time when added together to 
total the hours of full-time employment.  Employees shall 
include all persons, except children of the licensee under the 
age of 18, at work in any capacity, either voluntary or paid, 
and whether or not reported under the labor laws of this state. 
    If the license fee is based upon the average number of 
employees, every licensee shall, at the time of application, 
certify as to the number of employees on forms provided by the 
state commissioner of health and the state commissioner of 
health shall have access, on demand, to any and all employment 
records for purposes of substantiating or correcting numbers of 
declared employees. 
    License fees for restaurants, places of refreshment, and 
boarding houses shall be in an amount prescribed by the state 
commissioner of health pursuant to section 144.122. 
    No school, as defined in sections 120.05 and 120.101, may 
be required to pay a license fee. 
    Sec. 20.  Minnesota Statutes 1992, section 157.08, is 
amended to read: 
    157.08 [LINENS, OTHER FURNISHINGS; PENALTY PROSECUTION.] 
    All hotels and motels in this state shall hereafter provide 
each bedroom with at least two clean towels daily for each guest 
and provide the main public washroom with clean individual 
towels.  Individual towels shall not be less than nine inches 
wide and 13 inches long after being washed.  This shall not 
prohibit the use of other acceptable hand drying devices. 
    All hotels, motels, lodging houses and resorts where linen 
is provided, hereafter shall provide each bed, bunk, cot, or 
sleeping place for the use of guests with pillowslips and under 
and top sheets; each sheet shall be not less than 99 inches long 
nor less than 24 inches wider than the mattress.  A sheet shall 
not be used which measures less than 90 inches in length after 
being laundered; these sheets and pillowslips to be made of 
materials acceptable to the state commissioner of health, and 
all sheets and pillowslips, after being used by one guest, must 
be laundered in a manner acceptable to the commissioner before 
they are used by another guest, a clean set being furnished each 
succeeding guest. 
    All bedding, including mattresses, quilts, blankets, 
pillows, sheets, and comforts used in any hotel, motel, resort, 
or lodging house in this state must be kept clean.  No bedding, 
including mattresses, quilts, blankets, pillows, sheets, or 
comforts, shall be used which are worn out or unfit for further 
use. 
    Effective measures shall be taken to eliminate any vermin 
infestation in any establishment licensed under this chapter.  
All rugs and carpets in all sleeping rooms shall be kept in good 
repair and maintained in a clean condition. 
    All tables, table linens, chairs, and other furniture, all 
hangings, draperies, curtains, carpets, and floors in all 
lodging houses, resorts, hotels, restaurants, boarding houses, 
or places of refreshment, shall be kept in good repair and in a 
clean and sanitary condition. 
    All notices to be served by the hotel inspector provided 
for in this chapter shall be in writing and shall be either 
delivered personally, or by registered letter, to the owner, 
agent, lessee, or manager of the hotel, motel, resort, 
restaurant, lodging house, boarding house, or place of 
refreshment. 
    Any person, firm, or corporation who shall operate an 
hotel, motel, resort, restaurant, lodging house, boarding house, 
or place of refreshment in this state, or who shall let a 
building used for such business, without having first complied 
with the provisions of this chapter and rules of the state 
commissioner of health, shall be guilty of a misdemeanor. 
    The county attorney of each county in this state shall, 
upon complaint on oath of the hotel inspector commissioner, or a 
duly authorized deputy, prosecute to termination before any 
court of competent jurisdiction, in the name of the state, a 
proper action or proceeding against any person or persons 
violating the provisions of this chapter or rules of the state 
commissioner of health. 
    Sec. 21.  Minnesota Statutes 1992, section 157.081, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FINES FOR VIOLATIONS; LIMITS ABATEMENT 
ORDER.] The commissioner shall may impose a civil fine for 
repeated or egregious violation of rules relating to facilities 
licensed under this chapter or chapter 327.  The fine shall be 
assessed for each day the licensed facility fails to comply with 
the rules.  A fine for a specific violation shall not exceed $50 
per day.  The commissioner upon finding that there is a clear 
and present danger to the public health may seek a court order 
to abate the condition. 
    Sec. 22.  [157.082] [ENFORCEMENT; PENALTY.] 
    All notices to be served by the commissioner under this 
chapter shall be in writing and shall be either delivered 
personally, or by registered letter, to the owner, agent, 
lessee, or manager of the hotel, motel, resort, restaurant, 
lodging house, boarding house, or place of refreshment. 
    Any person, firm, or corporation who operates a hotel, 
motel, resort, restaurant, lodging house, boarding house, or 
place of refreshment in this state, or who lets a building used 
for those businesses, without having first complied with the 
provisions of this chapter and rules of the commissioner of 
health, is guilty of a misdemeanor. 
    Sec. 23.  Minnesota Statutes 1992, section 157.09, is 
amended to read: 
    157.09 [REVOCATION OF LICENSE.] 
    It shall be the duty of the commissioner of health to 
revoke a license, on the commissioner's finding that a place of 
business is being operated in violation of the provisions of 
this chapter or rules of the state commissioner of health, so as 
to constitute a filthy, unclean, and insanitary condition and 
dangerous to public health; or, if the owner or proprietor 
persistently refuses or fails to comply with the provisions of 
this chapter or rules of the commissioner.  Upon revocation of a 
license, the place of business shall be immediately closed to 
public patronage until such time as the owner or proprietor 
shall have complied with the provisions of this chapter, as 
certified to by the issuance of a new license. 
    The third revocation of license in any one year and on any 
one proprietor shall be made permanent for a period of one year 
from the date of the last revocation. 
    Sec. 24.  Minnesota Statutes 1992, section 157.12, is 
amended to read: 
    157.12 [LICENSE POSTED IN OFFICE.] 
    Every hotel, motel, resort, restaurant, lodging house, 
boarding house, or place of refreshment securing a license or 
license fee receipt under the provisions of this chapter shall 
keep the same posted in a conspicuous place in the office of 
such hotel, motel, resort, restaurant, lodging house, boarding 
house, or place of refreshment.  
    All prosecutions under this chapter shall be conducted by 
the county attorney of the county in which the offense was 
committed.  
    Sec. 25.  Minnesota Statutes 1992, section 157.14, is 
amended to read: 
    157.14 [EXEMPTIONS.] 
    This chapter shall not be construed to apply to interstate 
carriers under the supervision of the United States Department 
of Health, Education and Welfare and Human Services or to any 
building constructed and primarily used for religious worship, 
nor to any building owned, operated and used by a college or 
university in accordance with health regulations promulgated by 
the college or university.  Any person, firm or corporation 
whose principal mode of business is licensed under sections 
28A.04 and 28A.05 is exempt at that premises from licensure as a 
place of refreshment or restaurant; provided, that the holding 
of any license pursuant to sections 28A.04 and 28A.05 shall not 
exempt any person, firm, or corporation from the applicable 
provisions of the chapter or the rules of the state commissioner 
of health relating to food and beverage service establishments.  
This chapter does not apply to family day care homes or group 
family day care homes governed by sections 245A.01 to 245A.16 
and does not apply to nonprofit senior citizen centers for the 
sale of home-baked goods. 
     Sec. 26.  Minnesota Statutes 1992, section 245.97, 
subdivision 6, is amended to read: 
    Subd. 6.  [TERMS, COMPENSATION, REMOVAL AND EXPIRATION.] 
The membership terms, compensation, and removal of members of 
the committee and the filling of membership vacancies are 
governed by section 15.0575.  The ombudsman committee and the 
medical review subcommittee expire on June 30, 1993 1994. 
    Sec. 27.  Minnesota Statutes 1992, section 327.10, is 
amended to read: 
    327.10 [LODGING ESTABLISHMENT OPERATOR, DUTIES.] 
    Every person operating within this state a recreational 
camping area, cabin camp, lodging house, tourist rooms, hotel or 
motel, manufactured home park, or resort furnishing sleeping or 
overnight stopping accommodations for transient guests, shall 
provide and keep thereat a suitable guest register for the 
registration of all guests provided with sleeping accommodations 
or other overnight stopping accommodations thereat; and every 
such guest shall be registered therein.  Upon the arrival of 
every such guest, the operator of such camp or resort the 
establishment shall require the guest to enter in such register, 
or enter for the guest therein, in separate columns provided in 
such register, the name and home address of the guest and every 
person, if any, with the guest as a member of the party; and if 
traveling by motor vehicle, the make of such vehicle, 
registration number, and other identifying letters or characters 
appearing on the official number plate carried thereon, 
including the name of the state issuing such official plate.  
Such registration shall be kept in an accurate and orderly 
manner and retained for one year so that the same will be always 
accessible for inspection by the proper authorities.  
    Sec. 28.  Minnesota Statutes 1992, section 327.11, is 
amended to read: 
    327.11 [GUEST, REGISTRATION.] 
    Every person, upon arriving at any lodging house, 
manufactured home park, recreational camping area, cabin camp, 
hotel or motel or other resort described in sections 327.10 to 
327.13 and applying for guest accommodations therein of the 
character described in section 327.10, shall furnish to the 
operator or other attendant in charge of such camp or resort the 
establishment the registration information necessary to complete 
the registration in accordance with the requirements of section 
327.10, and shall not be provided with accommodations unless and 
until such information shall be so furnished.  
    Sec. 29.  Minnesota Statutes 1992, section 327.16, 
subdivision 5, is amended to read: 
    Subd. 5.  [PERMIT.] When the plans and specifications have 
been approved, the state department of health shall issue an 
approval report permitting the applicant to construct or make 
alterations pertaining to water and sewage disposal upon a 
manufactured home park or recreational camping area and the 
appurtenances thereto according to the plans and specifications 
presented. 
    Such approval does not relieve the applicant from securing 
building permits in municipalities having a building code; that 
require permits or from complying with any other municipal 
ordinance or ordinances, applicable thereto, not in conflict 
with this statute. 
    Sec. 30.  Minnesota Statutes 1992, section 327.20, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RULES.] No domestic animals or house pets 
of occupants of manufactured home parks or recreational camping 
areas shall be allowed to run at large, or commit any nuisances 
within the limits of a manufactured home park or recreational 
camping area.  Each manufactured home park or recreational 
camping area licensed under the provisions of sections 327.10, 
327.11, 327.14 to 327.28 shall, among other things, provide for 
the following, in the manner hereinafter specified: 
     (1) A responsible attendant or caretaker shall be in charge 
of every manufactured home park or recreational camping area at 
all times, who shall maintain the park or area, and its 
facilities and equipment in a clean, orderly and sanitary 
condition.  In any manufactured home park containing more than 
50 lots, the attendant, caretaker, or other responsible park 
employee, shall be readily available at all times in case of 
emergency.  
     (2) All manufactured home parks shall be well drained and 
be located so that the drainage of the park area will not 
endanger any water supply.  No waste water from manufactured 
homes or recreational camping vehicles shall be deposited on the 
surface of the ground.  All sewage and other water carried 
wastes shall be discharged into a municipal sewage system 
whenever available.  When a municipal sewage system is not 
available, a sewage disposal system acceptable to the state 
commissioner of health shall be provided. 
    (3) No manufactured home shall be located closer than three 
feet to the side lot lines of a manufactured home park, if the 
abutting property is improved property, or closer than ten feet 
to a public street or alley.  Each individual site shall abut or 
face on a driveway or clear unoccupied space of not less than 16 
feet in width, which space shall have unobstructed access to a 
public highway or alley.  There shall be an open space of at 
least ten feet between the sides of adjacent manufactured homes 
including their attachments and at least three feet between 
manufactured homes when parked end to end.  The space between 
manufactured homes may be used for the parking of motor vehicles 
and other property, if the vehicle or other property is parked 
at least ten feet from the nearest adjacent manufactured home 
position.  The requirements of this paragraph shall not apply to 
recreational camping areas and variances may be granted by the 
state commissioner of health in manufactured home parks when the 
variance is applied for in writing and in the opinion of the 
commissioner the variance will not endanger the health, safety, 
and welfare of manufactured home park occupants. 
    (4) An adequate supply of water of safe, sanitary quality 
shall be furnished at each manufactured home park or 
recreational camping area.  The source of the water supply shall 
first be approved by the state department of health.  At least 
one water supply outlet shall be provided at convenient 
locations throughout the manufactured home park or recreational 
camping area.  
    (5) All plumbing shall be installed in accordance with the 
rules of the state commissioner of health and the provisions of 
the Minnesota plumbing code. 
    (6) In the case of a manufactured home park with less than 
ten manufactured homes, a plan for the sheltering or the safe 
evacuation to a safe place of shelter of the residents of the 
park in times of severe weather conditions, such as tornadoes, 
high winds, and floods.  The shelter or evacuation plan shall be 
developed with the assistance and approval of the municipality 
where the park is located and shall be posted at conspicuous 
locations throughout the park.  Nothing in this paragraph 
requires the department of health to review or approve any 
shelter or evacuation plan developed by a park.  Failure of a 
municipality to approve a plan submitted by a park shall not be 
grounds for action against the park by the department of health 
if the park has made a good faith effort to develop the plan and 
obtain municipal approval.  
    (7) A manufactured home park with ten or more manufactured 
homes, licensed prior to March 1, 1988, shall provide a safe 
place of shelter for park residents or a plan for the evacuation 
of park residents to a safe place of shelter within a reasonable 
distance of the park for use by park residents in times of 
severe weather, including tornadoes and high winds.  The shelter 
or evacuation plan must be approved by the municipality by March 
1, 1989.  The municipality may require the park owner to 
construct a shelter if it determines that a safe place of 
shelter is not available within a reasonable distance from the 
park.  A copy of the municipal approval and the plan shall be 
submitted by the park owner to the department of health. 
    (8) A manufactured home park with ten or more manufactured 
homes, receiving a primary license after March 1, 1988, must 
provide the type of shelter required by section 327.205. 
    Sec. 31.  Minnesota Statutes 1992, section 327.26, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LOCAL LICENSES PROHIBITED.] No 
municipality may impose any license (1) upon any licensed 
manufactured home park or recreational camping area complying 
with the provisions of sections 327.10, 327.11, 327.14 to 
327.28, or (2) upon any occupant of a licensed manufactured home 
park. 
    Sec. 32.  [ADDITIONAL STANDARDS FOR LICENSURE.] 
    Until the commissioner of health has adopted the rules 
required by section 15, subdivision 6, the licensure of lead 
inspectors is governed by this section as follows: 
    (1) a lead inspector must obtain a license within 180 days 
of the effective date of section 15; 
    (2) the fee for issuance or renewal of a lead inspector 
license is $50, is nonrefundable, and must be submitted in the 
form of a check; 
    (3) the fee for replacement of a license is $25, is 
nonrefundable, and must be submitted in the form of a check; 
    (4) an applicant who submits an approvable application 
within 60 days of the initial denial of an application is not 
required to pay a second fee; and 
    (5) a lead inspection course sponsored by the United States 
Environmental Protection Agency is an approved course for the 
purposes of section 15, subdivision 2. 
     Sec. 33.  [MANUFACTURED HOME PARK ZONING STUDY.] 
    A municipality, as defined in Minnesota Statutes, section 
462.352, subdivision 2, may not adopt an ordinance after May 22, 
1993 and before August 1, 1994, that establishes setback 
requirements for manufactured homes in a manufactured home park 
if the ordinance would have the effect of prohibiting replacing 
a home in a park with a home approved by the department of 
housing and urban development. 
    Setback requirements adopted by ordinance by a municipality 
after April 1, 1991, are suspended and have no effect until 
August 1, 1994, if the setback requirements have the effect of 
prohibiting replacing a manufactured home in a manufactured home 
park with a home approved by the department of housing and urban 
development. 
    Sec. 34.  [REPEALER.] 
    Minnesota Statutes 1992, sections 144.8721; 144.874, 
subdivision 10; 144.878, subdivision 2a; and 157.05, 
subdivisions 2 and 3, are repealed.  Section 32 is repealed 
effective upon the adoption by the commissioner of health of the 
rules required by section 15, subdivision 6. 
    Sec. 35.  [EFFECTIVE DATE.] 
    Sections 15, 33, and 34 are effective the day following 
final enactment. 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 2:06 p.m.