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Office of the Revisor of Statutes

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

                            CHAPTER 317-S.F.No. 2680 
                  An act relating to energy codes; changing certain 
                  requirements; providing for adoption of a new energy 
                  code; amending Minnesota Statutes 2000, sections 
                  16B.617; 16B.70, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 16B.617, is 
        amended to read: 
           16B.617 [ENERGY CODE RULES REMAIN IN EFFECT.] 
           (a) Notwithstanding Laws 1999, chapter 135, section 9, 
        Minnesota Rules, chapter 7670, does not expire on April 15, 
        2000, but remains in effect for residential buildings not 
        covered by Minnesota Rules, chapter 7676.  The provisions of 
        Minnesota Rules, chapter 7670, that apply to category 1 
        buildings govern new, detached single one- and two-family R-3 
        occupancy residential buildings.  All new, detached single one- 
        and two-family R-3 occupancy buildings subject to Minnesota 
        Rules, chapter 7670, submitting an application for a building 
        permit after April 14, 2000, must meet the requirements for 
        category 1 buildings, as set out in Minnesota Rules, chapter 
        7670.  All new detached single one- and two-family R-3 occupancy 
        buildings having fuel burning equipment using nonsolid fuels for 
        space heating, service water heating, or hearth products must 
        install direct vent, power vent, or sealed combustion 
        equipment.  All new detached single one- and two-family R-3 
        occupancy buildings must have a mechanical ventilation system 
        which replaces, by direct or indirect means, air from habitable 
        rooms with outdoor air.  If any single exhaust device over 300 
        cubic feet per minute is installed, sealed combustion space 
        heating equipment or an alternative make-up air source must be 
        used. 
           (b) As an alternative to compliance with paragraph (a), 
        compliance with Minnesota Rules, chapters 7672 and 7674, is 
        optional for a contractor or owner. 
           (c) The department of administration, building codes and 
        standards division (BCSD), shall issue a report to the 
        legislature by December 1, 2001, addressing the cost benefit, as 
        well as air quality, building durability, moisture, enforcement, 
        enforceability, and liability regarding implementation of 
        Minnesota Rules, chapters 7670, 7672, and 7674.  The report must 
        include a feasibility study of establishing new criteria for 
        category 2 detached single one- and two-family R-3 occupancy 
        buildings that are energy efficient, enforceable, and provide 
        sufficient nonmechanical ventilation or permeability for a home 
        to maintain good air quality, building durability, and adequate 
        release of moisture. 
           (d) This section expires when the commissioner of 
        administration adopts a new energy code in accordance with 
        section 4. 
           Sec. 2.  Minnesota Statutes 2000, section 16B.70, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMPUTATION.] To defray the costs of 
        administering sections 16B.59 to 16B.75 16B.76, a surcharge is 
        imposed on all permits issued by municipalities in connection 
        with the construction of or addition or alteration to buildings 
        and equipment or appurtenances after June 30, 1971, as follows:. 
        The commissioner may use any surplus in surcharge receipts to 
        award grants for code research and development and education. 
           If the fee for the permit issued is fixed in amount the 
        surcharge is equivalent to one-half mill (.0005) of the fee or 
        50 cents, whichever amount is greater.  For all other permits, 
        the surcharge is as follows: 
           (1) if the valuation of the structure, addition, or 
        alteration is $1,000,000 or less, the surcharge is equivalent to 
        one-half mill (.0005) of the valuation of the structure, 
        addition, or alteration; 
           (2) if the valuation is greater than $1,000,000, the 
        surcharge is $500 plus two-fifths mill (.0004) of the value 
        between $1,000,000 and $2,000,000; 
           (3) if the valuation is greater than $2,000,000, the 
        surcharge is $900 plus three-tenths mill (.0003) of the value 
        between $2,000,000 and $3,000,000; 
           (4) if the valuation is greater than $3,000,000, the 
        surcharge is $1,200 plus one-fifth mill (.0002) of the value 
        between $3,000,000 and $4,000,000; 
           (5) if the valuation is greater than $4,000,000, the 
        surcharge is $1,400 plus one-tenth mill (.0001) of the value 
        between $4,000,000 and $5,000,000; and 
           (6) if the valuation exceeds $5,000,000, the surcharge is 
        $1,500 plus one-twentieth mill (.00005) of the value that 
        exceeds $5,000,000.  
           Sec. 3.  [16B.6175] [ENERGY CODE.] 
           Notwithstanding section 16B.617, the 
        commissioner of administration, in consultation with the 
        construction codes advisory council, shall explore and review 
        the availability and appropriateness of any model energy codes 
        related to the construction of single one- and two-family 
        residential buildings.  In consultation with the council, the 
        commissioner shall take steps to adopt the chosen code with all 
        necessary and appropriate amendments. 
           The commissioner may not adopt all or part of a model 
        energy code relating to the construction of residential 
        buildings without research and analysis that addresses, at a 
        minimum, air quality, building durability, moisture, 
        enforcement, enforceability cost benefit, and liability.  The 
        research and analysis must be completed in cooperation with 
        practitioners in residential construction and building science 
        and an affirmative recommendation by the construction codes 
        advisory council.  
           Sec. 4.  [EFFECTIVE DATE.] 
           Notwithstanding any contrary provision of Minnesota 
        Statutes, section 16B.617, paragraph (a), the commissioner of 
        administration may adopt appropriate provisions addressing 
        combustion air and make-up air in residential construction as 
        part of the mechanical code.  Section 1 is effective when rules 
        containing these provisions are adopted.  Sections 2 and 3 are 
        effective the day following final enactment. 
           Presented to the governor April 3, 2002 
           Signed by the governor April 5, 2002, 12:55 p.m.