Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 135-H.F.No. 1568 
                  An act relating to the state building code; 
                  transferring authority to adopt energy portions of the 
                  building code from the commissioner of public service 
                  to the commissioner of administration; setting an 
                  effective date for the energy code; requiring 
                  implementation of locally adopted optional code 
                  provisions; requiring a report; amending Minnesota 
                  Statutes 1998, sections 16B.61, subdivisions 1 and 1a; 
                  16B.62, subdivision 2; 16B.64, subdivision 4; 216C.19, 
                  subdivision 8; and 216C.195, subdivision 1; repealing 
                  Minnesota Statutes 1998, section 16B.165. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 16B.61, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ADOPTION OF CODE.] Subject to sections 
        16B.59 to 16B.75, the commissioner shall by rule establish a 
        code of standards for the construction, reconstruction, 
        alteration, and repair of buildings, governing matters of 
        structural materials, design and construction, fire protection, 
        health, sanitation, and safety, including design and 
        construction standards regarding heat loss control, 
        illumination, and climate control.  The code must conform 
        insofar as practicable to model building codes generally 
        accepted and in use throughout the United States, including a 
        code for building conservation.  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.75, the commissioner shall administer and enforce the 
        provisions of those sections.  
           Sec. 2.  Minnesota Statutes 1998, 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. 
           Administration and enforcement in a municipality under this 
        section must apply any optional provisions of the state building 
        code adopted by the municipality.  A municipality adopting any 
        optional code provision shall notify the state building official 
        within 30 days of its adoption. 
           The commissioner shall administer and enforce the 
        provisions of the code relating to elevators statewide, except 
        as provided for under section 16B.747, subdivision 3. 
           Sec. 3.  Minnesota Statutes 1998, section 16B.62, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ENFORCEMENT BY STATE BUILDING OFFICIAL.] If the 
        commissioner determines that a municipality is not properly 
        administering and enforcing the State Building Code as provided 
        in section 16B.71, the commissioner may have the administration 
        and enforcement in the involved municipality undertaken by the 
        state building official.  The commissioner shall notify the 
        affected municipality in writing immediately upon making the 
        determination, and the municipality may challenge the 
        determination as a contested case before the commissioner 
        pursuant to the Administrative Procedure Act.  In municipalities 
        not properly administering and enforcing the State Building 
        Code, and in municipalities who determine not to administer and 
        enforce the State Building Code, the commissioner shall have 
        administration and enforcement undertaken by the state building 
        official or by another inspector certified by the state.  In 
        carrying out administration and enforcement under this 
        subdivision, the commissioner shall apply any optional provision 
        of the state building code adopted by the municipality.  A 
        municipality adopting any optional code provision shall notify 
        the state building official within 30 days of its adoption.  The 
        commissioner shall determine appropriate fees to be charged for 
        the administration and enforcement service rendered.  Any cost 
        to the state arising from the state administration and 
        enforcement of the State Building Code shall be borne by the 
        subject municipality.  
           Sec. 4.  Minnesota Statutes 1998, section 16B.64, 
        subdivision 4, is amended to read: 
           Subd. 4.  [HEARINGS.] The commissioner, except in the case 
        of energy conservation standards promulgated or amended pursuant 
        to section 216C.19, subdivision 8, shall hold all state hearings 
        and make all determinations regarding any subject matter dealt 
        with in the code including those in which another state agency 
        proposes to adopt or amend rules which are incorporated by 
        reference into the code or whenever the commissioner proposes to 
        incorporate those rules into the State Building Code.  In no 
        event shall may a state agency subsequently authorized to adopt 
        rules involving State Building Code subject matter proceed to 
        adopt the rules without prior consultation with the commissioner.
           Sec. 5.  Minnesota Statutes 1998, section 216C.19, 
        subdivision 8, is amended to read: 
           Subd. 8.  [APPLICABILITY TO BUILDING CODE; RULES.] In 
        recognition of the compelling need for energy conservation in 
        order to safeguard the public health, safety and welfare, it is 
        necessary to provide building design and construction standards 
        consistent with the most efficient use of energy.  Therefore, 
        the commissioner of administration, in consultation with the 
        commissioner of public service, shall, pursuant to chapter 14, 
        adopt rules governing building design and construction standards 
        regarding heat loss control, illumination and climate control.  
        To the maximum extent practicable, the rules providing for the 
        energy portions of the building code shall be based on and 
        conform to model codes generally accepted throughout the United 
        States.  The rules shall apply to all new buildings and 
        remodeling affecting heat loss control, illumination and climate 
        control.  The rules shall be economically feasible in that the 
        resultant savings in energy procurement shall exceed the cost of 
        the energy conserving requirements amortized over the life of 
        the building.  The rules adopted pursuant to this subdivision, 
        shall be part of the State Building Code.  Notwithstanding the 
        provisions of this subdivision, all applications for approval of 
        building specifications and plans may be submitted to the state 
        building inspector as provided in section 16B.66. 
           Sec. 6.  Minnesota Statutes 1998, section 216C.195, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER TO ADOPT.] Not later than 
        September 1, 1992, The commissioner of administration, in 
        consultation with the commissioner of public service, shall 
        adopt amendments to the Energy Code portion of the Minnesota 
        Building Code to implement energy-efficient standards for new 
        commercial buildings.  
           Sec. 7.  [TRANSFER.] 
           While the energy portion of the state building code is 
        developed by the commissioner of public service, adoption of the 
        energy portion of the building code is transferred from the 
        commissioner of public service to the commissioner of 
        administration in consultation with the commissioner of public 
        service in accordance with Minnesota Statutes, section 15.039, 
        excluding subdivisions 6 and 7. 
           Sec. 8.  [REVIEW.] 
           The construction codes advisory council established by 
        Minnesota Statutes, section 16B.76, shall review the program 
        evaluation report on the state building code issued by the 
        office of the legislative auditor in January 1999 and shall 
        report to the legislature by January 15, 2000, with 
        recommendations on which proposals in the report, if any, should 
        be implemented. 
           Sec. 9.  [ENERGY CODE.] 
           The effective date of the residential building energy code 
        set out in Minnesota Rules, chapters 7672 and 7674, is April 15, 
        2000.  Until that date, the energy code set out in Minnesota 
        Rules, chapter 7670, remains in effect for residential buildings.
           Sec. 10.  [REPEALER.] 
           Minnesota Statutes 1998, section 16B.165, is repealed. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Sections 1 to 10 are effective July 1, 1999. 
           Presented to the governor May 6, 1999 
           Signed by the governor May 10, 1999, 1:00 p.m.