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

CHAPTER 322--H.F.No. 3574
An act
relating to the State Building Code; regulating the application and
enforcement of the State Building Code; modifying continuing education
course content for residential contractors and remodelers; requiring commercial
general liability insurance for licensees; authorizing Duluth Entertainment
and Convention Center Authority to enter contract for construction work on
entertainment and convention center;amending Minnesota Statutes 2006,
sections 16B.616, subdivision 4; 16B.62; 16B.71; Minnesota Statutes 2007
Supplement, sections 16B.61, subdivision 3; 16B.735; 326.87, subdivision 5;
326.94, subdivision 2; repealing Minnesota Statutes 2007 Supplement, sections
16B.72; 16B.73.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2007 Supplement, section 16B.61, subdivision 3, is
amended to read:
    Subd. 3. Special requirements. (a) Space for commuter vans. The code must
require that any parking ramp or other parking facility constructed in accordance with the
code include an appropriate number of spaces suitable for the parking of motor vehicles
having a capacity of seven to 16 persons and which are principally used to provide
prearranged commuter transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit authority.
    (b) Smoke detection devices. The code must require that all dwellings, lodging
houses, apartment houses, and hotels as defined in section 299F.362 comply with the
provisions of section 299F.362.
    (c) Doors in nursing homes and hospitals. The State Building Code may not
require that each door entering a sleeping or patient's room from a corridor in a nursing
home or hospital with an approved complete standard automatic fire extinguishing system
be constructed or maintained as self-closing or automatically closing.
    (d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground
level exit when the center has more than two stairways to the ground level and its exit.
    (e) Family and group family day care. Until the legislature enacts legislation
specifying appropriate standards, the definition of dwellings constructed in accordance
with the International Residential Code as adopted as part of the State Building Code
applies to family and group family day care homes licensed by the Department of Human
Services under Minnesota Rules, chapter 9502.
    (f) Enclosed stairways. No provision of the code or any appendix chapter of the
code may require stairways of existing multiple dwelling buildings of two stories or
less to be enclosed.
    (g) Double cylinder dead bolt locks. No provision of the code or appendix chapter
of the code may prohibit double cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a residential dwelling. Any
recommendation or promotion of double cylinder dead bolt locks must include a warning
about their potential fire danger and procedures to minimize the danger.
    (h) Relocated residential buildings. A residential building relocated within or
into a political subdivision of the state need not comply with the State Energy Code or
section 326.371 provided that, where available, an energy audit is conducted on the
relocated building.
    (i) Automatic garage door opening systems. The code must require all residential
buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82
and 325F.83.
    (j) Exit sign illumination. For a new building on which construction is begun
on or after October 1, 1993, or an existing building on which remodeling affecting 50
percent or more of the enclosed space is begun on or after October 1, 1993, the code must
prohibit the use of internally illuminated exit signs whose electrical consumption during
nonemergency operation exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.
    (k) Exterior wood decks, patios, and balconies. The code must permit the decking
surface and upper portions of exterior wood decks, patios, and balconies to be constructed
of (1) heartwood from species of wood having natural resistance to decay or termites,
including redwood and cedars, (2) grades of lumber which contain sapwood from species
of wood having natural resistance to decay or termites, including redwood and cedars, or
(3) treated wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be made available
to the building official on request before final construction approval.
    (l) Bioprocess piping and equipment. No permit fee for bioprocess piping may be
imposed by municipalities under the State Building Code, except as required under section
326.47, subdivision 1. Permits for bioprocess piping shall be according to section 326.47
administered by the Department of Labor and Industry. All data regarding the material
production processes, including the bioprocess system's structural design and layout, are
nonpublic data as provided by section 13.7911.
    (m) Use of ungraded lumber. The code must allow the use of ungraded lumber in
geographic areas of the state where the code did not generally apply as of April 1, 2008, to
the same extent that ungraded lumber could be used in that area before April 1, 2008.
EFFECTIVE DATE.This section is effective the day following final enactment
and the use of ungraded lumber is allowed under paragraph (m) on and after that date
regardless of whether the code is amended to conform with paragraph (m).

    Sec. 2. Minnesota Statutes 2006, section 16B.616, subdivision 4, is amended to read:
    Subd. 4. Enforcement. (a) A statutory or home rule charter city that is not covered
by the code because of action taken under section 16B.72 or 16B.73 does not have in
effect an ordinance adopting the State Building Code is responsible for enforcement in the
city of the code's requirements for bleacher safety. In all other areas where the code does
not apply because of action taken under section 16B.72 or 16B.73 there is no ordinance
in effect adopting the State Building Code, the county is responsible for enforcement of
those the code's requirements for bleacher safety.
(b) Municipalities that have not adopted the code may enforce the code requirements
for bleacher safety by either entering into a joint powers agreement for enforcement
with another municipality that has adopted the code or contracting for enforcement with
a qualified and certified building official or state licensed design professional to enforce
the code.
(c) Municipalities, school districts, organizations, individuals, and other persons
operating or owning places of public accommodation with bleachers that are subject to the
safety requirements in subdivision 3 shall provide a signed certification of compliance
to the commissioner by January 1, 2002. For bleachers subject to the exception in
subdivision 3, clause (1), entities covered by this paragraph must have on file a bleacher
safety management plan and amortization schedule. The certification shall be prepared by
a qualified and certified building official or state licensed design professional and shall
certify that the bleachers have been inspected and are in compliance with the requirements
of this section and are structurally sound. For bleachers owned by a school district or
nonpublic school, the person the district or nonpublic school designates to be responsible
for buildings and grounds may make the certification.

    Sec. 3. Minnesota Statutes 2006, section 16B.62, is amended to read:
16B.62 STATE BUILDING CODE; APPLICATION AND ENFORCEMENT.
    Subdivision 1. Municipal enforcement. The State Building Code applies statewide
and supersedes the building code of any municipality. A municipality must not by
ordinance or through development agreement require building code provisions regulating
components or systems of any residential structure that are different from any provision
of the State Building Code. A municipality may, with the approval of the state building
official, adopt an ordinance that is more restrictive than the State Building Code where
geological conditions warrant a more restrictive ordinance. A municipality may appeal
the disapproval of a more restrictive ordinance to the commissioner. An appeal under
this subdivision is subject to the schedule, fee, procedures, cost provisions, and appeal
rights set out in section 16B.67. The State Building Code does not apply to agricultural
buildings except with respect to state inspections required or rulemaking authorized
by sections 103F.141, 216C.19, subdivision 8, and 326.244. All municipalities shall
adopt and enforce the State Building Code with respect to new construction within their
respective jurisdictions.
If a city has adopted or is enforcing the State Building Code on June 3, 1977, or
determines by ordinance after that date to undertake enforcement, it shall enforce the
code within the city. A city may by ordinance and with permission of the township
board extend the enforcement of the code to contiguous unincorporated territory not
more than two miles distant from its corporate limits in any direction if the code is not
in effect in the territory. Where two or more noncontiguous cities which have elected to
enforce the code have boundaries less than four miles apart, each is authorized to enforce
the code on its side of a line equidistant between them. Once enforcement authority is
extended extraterritorially by ordinance, the authority may continue to be exercised in the
designated territory even though another city less than four miles distant later elects to
enforce the code. After the extension, the city may enforce the code in the designated area
to the same extent as if the property were situated within its corporate limits.
Enforcement of the code in an extended area outside a city's corporate limits includes
all rules, laws, and ordinances associated with administration of the code.
A city which, on June 3, 1977, had not adopted the code may not commence
enforcement of the code within or outside of its jurisdiction until it has provided written
notice to the commissioner, the county auditor, and the town clerk of each town in which
it intends to enforce the code. A public hearing on the proposed enforcement must be
held not less than 30 days after the notice has been provided. Enforcement of the code
by the city outside of its jurisdiction commences on the first day of January in the year
following the notice and hearing.
Municipalities may provide for the issuance of permits, inspection, and enforcement
within their jurisdictions by means which are convenient, and lawful, including by means
of contracts with other municipalities pursuant to section 471.59, and with qualified
individuals. The other municipalities or qualified individuals may be reimbursed by
retention or remission of some or all of the building permit fee collected or by other means.
In areas of the state where inspection and enforcement is unavailable from qualified
employees of municipalities, the commissioner shall train and designate individuals
available to carry out inspection and enforcement on a fee basis. Nothing in this section
prohibits a municipality from adopting ordinances relating to zoning, subdivision, or
planning unless the ordinance conflicts with a provision of the State Building Code that
regulates components or systems of any residential structure.
    Subd. 1a. Application. The State Building Code is the standard that applies
statewide for the construction, reconstruction, alteration, and repair of buildings and other
structures of the type governed by the code. The State Building Code supersedes the
building code of any municipality. The State Building Code does not apply to agricultural
buildings except with respect to state inspections required or rulemaking authorized by
sections 103F.141; 216C.19, subdivision 9; and 326.244.
    Subd. 1b. Municipal enforcement. (a) If, as of January 1, 2008, a municipality
has in effect an ordinance adopting the State Building Code, that municipality must
continue to administer and enforce the State Building Code within its jurisdiction. The
municipality is prohibited from repealing its ordinance adopting the State Building Code.
This paragraph does not apply to municipalities with a population of less than 2,500
according to the last federal census that are located outside of a metropolitan county, as
defined in section 473.121, subdivision 4.
(b) If a municipality is not required by paragraph (a) to administer and enforce the
State Building Code, the municipality may choose to administer and enforce the State
Building Code within its jurisdiction by adopting the code by ordinance.
(c) A municipality must not by ordinance, or through development agreement,
require building code provisions regulating components or systems of any structure that
are different from any provision of the State Building Code. A municipality may, with
the approval of the state building official, adopt an ordinance that is more restrictive
than the State Building Code where geological conditions warrant a more restrictive
ordinance. A municipality may appeal the disapproval of a more restrictive ordinance
to the commissioner. An appeal under this subdivision is subject to the schedule, fee,
procedures, cost provisions, and appeal rights set out in section 16B.67.
(d) A city may by ordinance and with permission of the township board extend the
administration and enforcement of the code to contiguous unincorporated territory not
more than two miles distant from its corporate limits in any direction if the code is not
already administered and enforced in the territory. Where two or more noncontiguous
cities, which have elected to administer and enforce the code, have boundaries less than
four miles apart, each is authorized to enforce the code on its side of a line equidistant
between them. Once enforcement authority is extended extraterritorially by ordinance, the
authority may continue to be exercised in the designated territory even though another
city less than four miles distant later elects to enforce the code. After the extension, the
city may enforce the code in the designated area to the same extent as if the property
were situated within its corporate limits. Enforcement of the code in an extended area
outside a city's corporate limits includes all rules, laws, and ordinances associated with
administration of the code.
(e) A city cannot commence administration and enforcement of the code outside of
its jurisdiction until it has provided written notice to the commissioner, the county auditor,
and the town clerk of each town in which it intends to administer and enforce the code. A
public hearing on the proposed administration and enforcement must be held not less than
30 days after the notice has been provided. Administration and enforcement of the code
by the city outside of its jurisdiction commences on a date determined by the city that is
no less than 90 days nor more than one year after the public hearing.
(f) A municipality may enforce the State Building Code by any means that are
convenient and lawful, including entering into contracts with other municipalities under
section 471.59 and with qualified individuals. The other municipalities or qualified
individuals may be reimbursed by retention or remission of some or all of the building
permit fee collected or by other means. If a municipality has no qualified employees
of the municipality or other municipalities or qualified individuals available to carry
out inspection and enforcement, the commissioner shall train and designate individuals
available to carry out inspection and enforcement. The commissioner may be reimbursed
for the inspection by retention or remission of some or all of the building permit fee
collected or by other means.
(g) Nothing in this subdivision prohibits a municipality from adopting ordinances
relating to zoning, subdivision, or planning unless the ordinance conflicts with a provision
of the State Building Code that regulates components or systems of any structure.
    Subd. 2. Enforcement by state building official. If the commissioner determines
that a municipality that has adopted the State Building Code is not properly administering
and enforcing the State Building Code as provided in section 16B.71 code, or if the
commissioner determines that any municipality that is required by subdivision 1b
to enforce any provision of the State Building Code is not properly enforcing that
provision, the commissioner may have the administration and enforcement in the involved
municipality undertaken by the state building official or by another building official
certified by the state. 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 where a fee has been collected by the municipality.

    Sec. 4. Minnesota Statutes 2006, section 16B.71, is amended to read:
16B.71 PERMIT FEES, TO WHOM APPLICABLE.
Municipal building officials If a municipality is enforcing the State Building Code,
the municipality's building official shall administer and enforce the State Building
Code with respect to all subject structures constructed within their the municipality's
jurisdiction, including all buildings constructed by municipalities other than the state,
as defined in section 16B.60, and the University of Minnesota. These governmental
bodies shall pay the building permit fees and surcharges that the inspecting municipality
customarily imposes for its administration and enforcement of the code.

    Sec. 5. Minnesota Statutes 2007 Supplement, section 16B.735, is amended to read:
16B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED
PERSONS WITH DISABILITIES.
    A statutory or home rule charter city that is not covered by does not have in effect
an ordinance adopting the State Building Code because of action taken under section
16B.72 or 16B.73 is responsible for enforcement in the city of the State Building Code's
requirements for disabled persons with disabilities. In all other areas where there is no
ordinance in effect adopting the State Building Code does not apply because of action
taken under section 16B.72 or 16B.73, the county is responsible for enforcement of those
the State Building Code's requirements for disabled persons.

    Sec. 6. Minnesota Statutes 2007 Supplement, section 326.87, subdivision 5, is
amended to read:
    Subd. 5. Content. (a) Continuing education consists of approved courses that
impart appropriate and related knowledge in the regulated industries pursuant to sections
326.83 to 326.98. Courses may include relevant materials that are included in licensing
exams subject to the limitations imposed in paragraph (e). The burden of demonstrating
that courses impart appropriate and related knowledge is upon the person seeking approval
or credit.
    (b) Course examinations will not be required for continuing education courses
unless they are required by the sponsor.
    (c) Textbooks are not required to be used for continuing education courses. If
textbooks are not used, the coordinator must provide students with a syllabus containing,
at a minimum, the course title, the times and dates of the course offering, the names and
addresses or telephone numbers of the course coordinator and instructor, and a detailed
outline of the subject materials to be covered. Any written or printed material given to
students must be of readable quality and contain accurate and current information.
    (d) Upon completion of an approved course, licensees shall earn one hour of
continuing education credit for each hour approved by the commissioner. Each continuing
education course must be attended in its entirety in order to receive credit for the number
of approved hours. Courses may be approved for full or partial credit, and for more than
one regulated industry.
    Continuing education credit in an approved course shall be awarded to presenting
instructors on the basis of one credit for each hour of preparation for the initial presentation,
which may not exceed three hours total credit for each approved course. Continuing
education credit may not be earned if the licensee has previously obtained credit for the
same course as a licensee or as an instructor within the three years immediately prior.
    (e) The following courses will not be approved for credit:
    (1) courses designed solely to prepare students for a license examination;
    (2) courses in mechanical office or business skills, including typing, speed reading,
or other machines or equipment. Computer courses are allowed, if appropriate and related
to the regulated industry of the licensee;
    (3) courses in sales promotion, including meetings held in conjunction with the
general business of the licensee;
    (4) courses in motivation, salesmanship, psychology, time management, or
communication; or
    (5) courses that are primarily intended to impart knowledge of specific products of
specific companies, if the use of the product or products relates to the sales promotion or
marketing of one or more of the products discussed.
EFFECTIVE DATE.This section is effective September 1, 2008.

    Sec. 7. Minnesota Statutes 2007 Supplement, section 326.94, subdivision 2, is
amended to read:
    Subd. 2. Insurance. Licensees must have public liability insurance with limits of
at least $300,000 per occurrence, which must include at least $10,000 property damage
coverage. Each licensee shall have and maintain in effect commercial general liability
insurance, which includes premises and operations insurance and products and completed
operations insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate
limit for bodily injury, and property damage insurance with limits of at least $25,000
or a policy with a single limit for bodily injury and property damage of $300,000 per
occurrence and $300,000 aggregate limits. The insurance must be written by an insurer
licensed to do business in this state. Each licensee shall maintain on file with the
commissioner a certificate evidencing the insurance which provides that the insurance
shall not be canceled without the insurer first giving 15 days' written notice of cancellation
to the commissioner. The commissioner may increase the minimum amount of insurance
required for any licensee or class of licensees if the commissioner considers it to be in the
public interest and necessary to protect the interests of Minnesota consumers.
EFFECTIVE DATE.This section is effective August 1, 2008.

    Sec. 8. DULUTH ENTERTAINMENT AND CONVENTION CENTER
AUTHORITY CONSTRUCTION CONTRACT.
    The Duluth Entertainment and Convention Center Authority may enter into
contracts to design, construct, furnish, equip, and improve the Duluth Entertainment and
Convention Center, including a new arena, and may enter into contracts that are, in its
judgment, in the best interests of the public for these purposes. Notwithstanding any law
to the contrary, the authority may adopt a fair and competitive design and construction
procurement process determined by the authority to be in the public interest for the
Duluth Entertainment and Convention Center improvements. The authority may enter
into a contract that provides for a construction manager at-risk. This contracting authority
applies only to the capital improvements and renovations for which appropriations were
made pursuant to Laws 2008, chapter 179, section 21, subdivision 7.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 9. REPEALER.
Minnesota Statutes 2007 Supplement, sections 16B.72; and 16B.73, are repealed.
Presented to the governor May 12, 2008
Signed by the governor May 15, 2008, 3:11 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569