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Office of the Revisor of Statutes

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

                            CHAPTER 166-S.F.No. 870 
                  An act relating to elevator safety; changing 
                  responsibility for certain administrative and 
                  enforcement activities; changing certain exemptions; 
                  imposing penalties; amending Minnesota Statutes 1994, 
                  sections 16B.61, subdivisions 1 and 1a; 16B.72; 
                  16B.73; 183.351, subdivisions 2 and 5; 183.353; 
                  183.354; 183.355, subdivisions 1, 3, and by adding a 
                  subdivision; 183.357, subdivisions 1 and 3; 183.358; 
                  and 326.244, subdivision 5; proposing coding for new 
                  law in Minnesota Statutes, chapter 183. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 16B.61, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ADOPTION OF CODE.] Subject to sections 
        16B.59 to 16B.73 16B.75, the commissioner shall by rule 
        establish a code of standards for the construction, 
        reconstruction, alteration, and repair of state-owned buildings, 
        governing matters of structural materials, design and 
        construction, fire protection, health, sanitation, and safety.  
        The code must conform insofar as practicable to model building 
        codes generally accepted and in use throughout the United 
        States.  In the preparation of the code, consideration must be 
        given to the existing statewide specialty codes presently in use 
        in the state.  Model codes with necessary modifications and 
        statewide specialty codes may be adopted by reference.  The code 
        must be based on the application of scientific principles, 
        approved tests, and professional judgment.  To the extent 
        possible, the code must be adopted in terms of desired results 
        instead of the means of achieving those results, avoiding 
        wherever possible the incorporation of specifications of 
        particular methods or materials.  To that end the code must 
        encourage the use of new methods and new materials.  Except as 
        otherwise provided in sections 16B.59 to 16B.73 16B.75, the 
        commissioner shall administer and enforce the provisions of 
        those sections.  
           Sec. 2.  Minnesota Statutes 1994, section 16B.61, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [ADMINISTRATION BY COMMISSIONER.] The 
        commissioner shall administer and enforce the state building 
        code as a municipality with respect to public buildings and 
        state licensed facilities in the state.  The commissioner shall 
        establish appropriate permit, plan review, and inspection fees 
        for public buildings and state licensed facilities.  Fees and 
        surcharges for public buildings and state licensed facilities 
        must be remitted to the commissioner, who shall deposit them in 
        the state treasury for credit to the special revenue fund. 
           Municipalities other than the state having a contractual 
        agreement with the commissioner for code administration and 
        enforcement service for public buildings and state licensed 
        facilities shall charge their customary fees, including 
        surcharge, to be paid directly to the contractual jurisdiction 
        by the applicant seeking authorization to construct a public 
        building or a state licensed facility.  The commissioner shall 
        contract with a municipality other than the state for plan 
        review, code administration, and code enforcement service for 
        public buildings and state licensed facilities in the 
        contractual jurisdiction if the building officials of the 
        municipality meet the requirements of section 16B.65 and wish to 
        provide those services and if the commissioner determines that 
        the municipality has enough adequately trained and qualified 
        building inspectors to provide those services for the 
        construction project. 
           The commissioner shall administer and enforce the 
        provisions of the code relating to elevators statewide, except 
        as provided for under section 183.357, subdivision 3. 
           Sec. 3.  Minnesota Statutes 1994, section 16B.72, is 
        amended to read: 
           16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 
        COUNTIES.] 
           Notwithstanding any other provision of law to the contrary, 
        a county that is not a metropolitan county as defined by section 
        473.121, subdivision 4, may provide, by a vote of the majority 
        of its electors residing outside of municipalities that have 
        adopted the state building code before January 1, 1977, that no 
        part of the state building code except the building requirements 
        for handicapped persons and the requirements for elevator safety 
        applies within its jurisdiction.  
           The county board may submit to the voters at a regular or 
        special election the question of adopting the building code.  
        The county board shall submit the question to the voters if it 
        receives a petition for the question signed by a number of 
        voters equal to at least five percent of those voting in the 
        last general election.  The question on the ballot must be 
        stated substantially as follows:  
           "Shall the state building code be adopted in .......... 
        County?"  
           If the majority of the votes cast on the proposition is in 
        the negative, the state building code does not apply in the 
        subject county, outside home rule charter or statutory cities or 
        towns that adopted the building code before January 1, 1977, 
        except the building requirements for handicapped persons and the 
        requirements for elevator safety do apply.  
           Nothing in this section precludes a municipality that did 
        not adopt the state building code before January 1, 1977, from 
        adopting and enforcing by ordinance or other legal means the 
        state building code within its jurisdiction.  
           Sec. 4.  Minnesota Statutes 1994, section 16B.73, is 
        amended to read: 
           16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 
        LOCAL OPTION.] 
           The governing body of a municipality whose population is 
        less than 2,500 may provide that the state building code, except 
        the requirements for handicapped persons and the requirements 
        for elevator safety, will not apply within the jurisdiction of 
        the municipality, if the municipality is located in whole or in 
        part within a county exempted from its application under section 
        16B.72.  If more than one municipality has jurisdiction over an 
        area, the state building code continues to apply unless all 
        municipalities having jurisdiction over the area have provided 
        that the state building code, except the requirements for 
        handicapped persons and the requirements for elevator safety, 
        does not apply within their respective jurisdictions.  Nothing 
        in this section precludes a municipality from adopting and 
        enforcing by ordinance or other legal means the state building 
        code within its jurisdiction. 
           Sec. 5.  Minnesota Statutes 1994, section 183.351, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PASSENGER OR FREIGHT ELEVATOR.] "Passenger or 
        freight elevator shall mean" means all elevators except those 
        that comply with the safety rules of the department of labor and 
        industry administration relating to construction and 
        installation and that have automatic operation or continuous 
        pressure operation.  
           Sec. 6.  Minnesota Statutes 1994, section 183.351, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ELEVATOR.] As used in this chapter, "elevator" 
        means moving walks and vertical transportation devices such as 
        escalators, passenger elevators, freight elevators, dumbwaiters, 
        handpowered elevators, endless belt lifts, and wheelchair 
        platform lifts, but does not include external temporary material 
        lifts, or temporary construction personnel elevators at sites of 
        construction of new or remodeled buildings, or elevators in 
        owner-occupied buildings of no more than four living units. 
           Sec. 7.  Minnesota Statutes 1994, section 183.353, is 
        amended to read: 
           183.353 [LICENSING AUTHORITIES.] 
           Any city municipality may by ordinance establish a 
        licensing authority with jurisdiction over all passenger and 
        freight elevators within such city municipality, fix the initial 
        and renewal fee for, and the period of duration of, licenses to 
        operate such elevators, and setting forth the requirements for 
        applicants for and the terms and conditions of licenses to 
        operate such elevators.  
           Sec. 8.  Minnesota Statutes 1994, section 183.354, is 
        amended to read: 
           183.354 [ELEVATORS, ENTRANCES SEALED.] 
           It shall be the duty of the department of labor and 
        industry administration and the licensing authority of any 
        city municipality which adopts any such ordinance whenever it 
        finds any such elevator under its jurisdiction in use in 
        violation of any provision of sections 183.351 to 183.355 to 
        seal the entrances of such elevator and attach a notice 
        forbidding the use of such elevator until the provisions thereof 
        are complied with.  
           Sec. 9.  Minnesota Statutes 1994, section 183.355, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REMOVAL OF SEAL.] No person, firm, or 
        corporation may remove any seal or notice forbidding the use of 
        an elevator, except by authority of the department of labor and 
        industry administration or the licensing authority having 
        jurisdiction over the elevator, or operate an elevator after a 
        notice has been attached forbidding its use, unless the notice 
        has been removed by authority of the department of labor and 
        industry administration or the licensing authority having 
        jurisdiction over the elevator.  
           Sec. 10.  Minnesota Statutes 1994, section 183.355, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MINIMUM REQUIREMENTS.] No person, firm, or 
        corporation may construct, install, alter, remove, or repair an 
        elevator that does not meet the minimum requirements of this 
        chapter, adopted rules, or national codes adopted by rule. 
           Sec. 11.  Minnesota Statutes 1994, section 183.355, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [PENALTIES.] The commissioner of administration 
        shall administer sections 183.022 to 183.359.  In addition to 
        the remedies provided for violations of this chapter, the 
        commissioner may impose a penalty of up to $1,000 for a 
        violation of any provision of sections 183.022 to 183.359. 
           Sec. 12.  Minnesota Statutes 1994, section 183.357, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERMITS.] No person, firm, or corporation 
        may construct or, install, alter, or remove an elevator without 
        first filing an application for a permit with the department 
        of labor and industry administration or a municipality 
        authorized by subdivision 3 to inspect elevators.  Projects 
        under actual construction before July 1, 1989, are not required 
        to obtain a permit from the department.  Upon successfully 
        completing inspection and the payment of the appropriate fee, 
        the owner must be granted an operating permit for the elevator. 
           Sec. 13.  Minnesota Statutes 1994, section 183.357, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERMISSIVE MUNICIPAL REGULATION.] A municipality 
        that conducts a system of elevator inspection on a periodic 
        basis in conformity with this chapter, state building code 
        requirements, and adopted rules, and that employs or contracts 
        with inspectors meeting the minimum requirements established by 
        rule, may provide for the inspection of elevator installation, 
        repair, alteration, removal, construction, and the periodic 
        routine inspection of elevators.  A municipality may not adopt 
        standards that do not conform to the uniform standards 
        prescribed by the department. 
           If a municipality does not conduct elevator inspections as 
        provided in this chapter, or if the commissioner determines that 
        a municipality is not properly administering and enforcing the 
        law, rules, and codes, the commissioner shall have the 
        inspection, administration, and enforcement undertaken by a 
        qualified inspector employed by the department. 
           Sec. 14.  Minnesota Statutes 1994, section 183.358, is 
        amended to read: 
           183.358 [RULES.] 
           The commissioner may adopt rules for the following purposes:
           (1) to set a fee under section 16A.128 for processing a 
        construction or installation permit or elevator contractor 
        license application; 
           (2) to set a fee under section 16A.128 to cover the cost of 
        elevator inspections; 
           (3) to establish minimum qualifications for elevator 
        inspectors that must include possession of a current journeyman 
        elevator constructor electrician's license issued by the state 
        board of electricity and proof of successful completion of the 
        national elevator construction mechanic industry education 
        program examination or equivalent experience; 
           (4) to establish criteria for the qualifications of 
        elevator contractors; 
           (5) to establish elevator standards under sections 16B.61, 
        subdivisions 1 and 2, and 16B.64; and 
           (6) to establish procedures for appeals of decisions of the 
        commissioner under chapter 14 and procedures allowing the 
        commissioner, before issuing a decision, to seek advice from the 
        elevator trade, building owners or managers, and others 
        knowledgeable in the installation, construction, and repair of 
        elevators; and 
           (7) to establish requirements for the registration of all 
        elevators. 
           Sec. 15.  [183.359] [CONFLICT OF LAWS.] 
           Nothing in sections 183.022 to 183.359 supersedes the 
        Minnesota electrical act in chapter 326. 
           Sec. 16.  Minnesota Statutes 1994, section 326.244, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EXEMPTIONS FROM INSPECTIONS.] Installations, 
        materials, or equipment shall not be subject to inspection under 
        sections 326.241 to 326.248: 
           1. (1) when owned or leased, operated and maintained by any 
        employer whose maintenance electricians are exempt from 
        licensing under sections 326.241 to 326.248, while performing 
        electrical maintenance work only as defined by board rule; or 
           2. (2) when owned or leased, and operated and maintained by 
        any electric, communications or railway utility or telephone 
        company in the exercise of its utility or telephone function; 
        and 
           (i) are used exclusively for the generations, 
        transformation, distribution, transmission, or metering of 
        electric current, or the operation of railway signals, or the 
        transmission of intelligence, and do not have as a principal 
        function the consumption or use of electric current by or for 
        the benefit of any person other than such utility or telephone 
        company; and 
           (ii) are generally accessible only to employees of such 
        utility or telephone company or persons acting under its control 
        or direction; and 
           (iii) are not on the load side of the meter; or 
           3. (3) when used in the street lighting operations of an 
        electric utility; or 
           4. (4) when used as outdoor area lights which are owned and 
        operated by an electric utility and which are connected directly 
        to its distribution system and located upon the utility's 
        distribution poles, and which are generally accessible only to 
        employees of such utility or persons acting under its control or 
        direction; or 
           5. (5) when the installation, material, and equipment are 
        alarm or communication systems laid out, installed, or 
        maintained within residential units not larger than a duplex; or 
           6. (6) when the installation, material, and equipment are 
        in facilities subject to the jurisdiction of the federal Mine 
        Safety and Health Act.; or 
           (7) when the installation, material, and equipment is part 
        of an elevator installation for which the elevator contractor, 
        licensed under section 326.242, is required to obtain a permit 
        from the authority having jurisdiction as provided by section 
        183.357, and the inspection has been or will be performed by an 
        elevator inspector certified by the department of administration 
        and licensed by the board of electricity.  This exemption shall 
        apply only to installations, material, and equipment permitted 
        or required to be connected on the load side of the 
        disconnecting means required for elevator equipment under 
        National Electric Code Article 620, and elevator communications 
        and alarm systems within the machine room, car, hoistway, or 
        elevator lobby. 
           Sec. 17.  [RENUMBERING INSTRUCTION.] 
           The revisor shall renumber the sections of Minnesota 
        Statutes in column A with the corresponding numbers in column B 
        and correct references to those sections in Minnesota Statutes 
        and Minnesota Rules. 
                          A               B 
                       183.351         16B.74 
                       183.022         16B.741 
                       183.352         16B.742 
                       183.353         16B.743 
                       183.354         16B.744 
                       183.355         16B.745 
                       183.356         16B.746 
                       183.357         16B.747 
                       183.358         16B.748 
                       183.359         16B.749 
           Presented to the governor May 12, 1995 
           Signed by the governor May 15, 1995, 10:00 a.m.