1.1 	A bill for an act
1.2 	relating to public safety; modifying provisions
1.3 	relating to flammable liquids, explosives, and
1.4 	fireworks; setting requirements for smoke detectors;
1.5 	removing provisions that are obsolete or governed by
1.6 	State Fire Code; making technical and clarifying
1.7 	changes; amending Minnesota Statutes 2004, sections
1.8 	84.362; 282.04, subdivision 2; 299F.011, subdivision
1.9 	7; 299F.19, subdivisions 1, 2; 299F.362, subdivisions
1.10 	3, 4; repealing Minnesota Statutes 2004, sections
1.11 	69.011, subdivision 5; 299F.011, subdivision 4c;
1.12 	299F.015; 299F.10; 299F.11; 299F.12; 299F.13; 299F.14;
1.13 	299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
1.14 	299F.452.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2004, section 84.362, is
1.17 	amended to read:
1.18 	84.362 REMOVAL OF STRUCTURES.
1.19 	Until after the sale of any parcel of tax-forfeited land,
1.20 	whether classified as agricultural or nonagricultural hereunder,
1.21 	the county auditor may, with the approval of the commissioner,
1.22 	provide:
1.23 	(1) for the sale or demolition of any structure located
1.24 	thereon, which on the land that has been determined by the
1.25 	county board to be within the purview of section 299F.10,
1.26 	especially liable to fire or so situated as to endanger life or
1.27 	limb or other buildings or property in the vicinity because of
1.28 	age, dilapidated condition, defective chimney, defective
1.29 	electric wiring, any gas connection, heating apparatus, or other
1.30 	defect;and
2.1 	(2) for the sale of salvage material, if any, therefrom.

2.2 	Sec. 2. Minnesota Statutes 2004, section 282.04,
2.3 	subdivision 2, is amended to read:
2.4 		Subd. 2.Rights before sale; improvements, insurance,
2.5 	demolition. (a) Before the sale of a parcel of forfeited land
2.6 	the county auditor may, with the approval of the county board of
2.7 	commissioners, provide for the repair and improvement of any
2.8 	building or structure located upon the parcel, and may provide
2.9 	for maintenance of tax-forfeited lands, if it is determined by
2.10 	the county board that such repairs, improvements, or maintenance
2.11 	are necessary for the operation, use, preservation,and safety
2.12 	of the building or structure.
2.13 	(b) If so authorized by the county board, the county
2.14 	auditor may insure the building or structure against loss or
2.15 	damage resulting from fire or windstorm, may purchase workers'
2.16 	compensation insurance to insure the county against claims for
2.17 	injury to the persons employed in the building or structure by
2.18 	the county, and may insure the county, its officers and
2.19 	employees against claims for injuries to persons or property
2.20 	because of the management, use,or operation of the building or
2.21 	structure.
2.22 	(c) The county auditor may, with the approval of the county
2.23 	board, provide:
2.24 	(1) for the demolition of the building or structure, which
2.25 	has been determined by the county board to be within the purview
2.26 	of section 299F.10,especially liable to fire or so situated as
2.27 	to endanger life or limb or other buildings or property in the
2.28 	vicinity because of age, dilapidated condition, defective
2.29 	chimney, defective electric wiring, any gas connection, heating
2.30 	apparatus, or other defect;and
2.31 	(2) for the sale of salvaged materials from the building or
2.32 	structure.
2.33 	(d) The county auditor, with the approval of the county
2.34 	board, may provide for the sale of abandoned personal property.
2.35 	The sale may be made by the sheriff using the procedures for the
2.36 	sale of abandoned property in section 345.15 or by the county
3.1 	auditor using the procedures for the sale of abandoned property
3.2 	in section 504B.271.  The net proceeds from any sale of the
3.3 	personal property, salvaged materials, timber or other products,
3.4 	or leases made under this law must be deposited in the forfeited
3.5 	tax sale fund and must be distributed in the same manner as if
3.6 	the parcel had been sold.
3.7 	(e) The county auditor, with the approval of the county
3.8 	board, may provide for the demolition of any structure on
3.9 	tax-forfeited lands, if in the opinion of the county board, the
3.10 	county auditor, and the land commissioner, if there is one, the
3.11 	sale of the land with the structure on it, or the continued
3.12 	existence of the structure by reason of age, dilapidated
3.13 	condition or excessive size as compared with nearby structures,
3.14 	will result in a material lessening of net tax capacities of
3.15 	real estate in the vicinity of the tax-forfeited lands, or if
3.16 	the demolition of the structure or structures will aid in
3.17 	disposing of the tax-forfeited property.
3.18 	(f) Before the sale of a parcel of forfeited land located
3.19 	in an urban area, the county auditor may with the approval of
3.20 	the county board provide for the grading of the land by filling
3.21 	or the removal of any surplus material from it.  If the physical
3.22 	condition of forfeited lands is such that a reasonable grading
3.23 	of the lands is necessary for the protection and preservation of
3.24 	the property of any adjoining owner, the adjoining property
3.25 	owner or owners may apply to the county board to have the
3.26 	grading done.  If, after considering the application, the county
3.27 	board believes that the grading will enhance the value of the
3.28 	forfeited lands commensurate with the cost involved, it may
3.29 	approve it, and the work must be performed under the supervision
3.30 	of the county or city engineer, as the case may be, and the
3.31 	expense paid from the forfeited tax sale fund.

3.32 	Sec. 3. Minnesota Statutes 2004, section 299F.011,
3.33 	subdivision 7, is amended to read:
3.34 		Subd. 7.Fees. A fee of $100 shall be charged by The
3.35 	state fire marshal shall charge a fee of $100 for each plan
3.36 	review involving:
4.1 	(1) flammable liquids under Minnesota Rules, part
4.2 	7510.3650;
4.3 	(2) motor vehicle fuel-dispensing stations under Minnesota
4.4 	Rules, part 7510.3610; or
4.5 	(3) liquefied petroleum gases under Minnesota Rules, part
4.6 	7510.3670.

4.7 	Sec. 4. Minnesota Statutes 2004, section 299F.19,
4.8 	subdivision 1, is amended to read:
4.9 		Subdivision 1.Rules.  The commissioner of public safety
4.10 	shall adopt rules for the safekeeping, storage, handling, use,
4.11 	or other disposition of flammable liquids, flammable gases,
4.12 	blasting agents,and explosives.  Loads carried in or on
4.13 	vehicles transporting such these products upon public highways
4.14 	within this state shall be are governed by the uniform vehicle
4.15 	size and weights provisions in sections 169.80 to 169.88 and the
4.16 	transportation of hazardous materials provisions of section
4.17 	221.033. The rules for flammable liquids and flammable gases
4.18 	shall be distinguished from each other and from the rules
4.19 	covering other materials subject to regulation under this
4.20 	subdivision.

4.21 	Sec. 5. Minnesota Statutes 2004, section 299F.19,
4.22 	subdivision 2, is amended to read:
4.23 		Subd. 2.Blasting agent defined; explosives classified.
 4.24 	(a) For the purposes of this section,and the rules adopted
4.25 	pursuant thereto, the term to this section:
4.26 	(a) " Blasting agent " means any material or mixture,
4.27 	consisting of a fuel and oxidizer, intended for blasting, not
4.28 	otherwise classified as an explosive and in which none of the
4.29 	ingredients is classified as an explosive,;providing that,the
4.30 	finished product, as mixed and packaged for use or shipment,
4.31 	cannot be detonated by means of a number 8 test blasting cap
4.32 	when unconfined. The term " Blasting agent " does not include
4.33 	flammable liquids or flammable gases.
4.34 	(b) For the purposes of this section, and the rules adopted
4.35 	pursuant thereto,"Explosive" means any chemical compound,
4.36 	mixture, or device, the primary or common purpose of which is to
5.1 	function by explosion.  The term includes, but is not limited
5.2 	to, dynamite, black powder, pellet powder, initiating
5.3 	explosives, detonators, safety fuses, squibs, detonating cord,
5.4 	igniter cord, igniters, display fireworks, and class 1.3G
5.5 	fireworks (formerly classified as Class B special fireworks).
5.6 	"Explosive" includes any material determined to be within the
5.7 	scope of United States Code, title 18, chapter 40, and also
5.8 	includes any material classified as an explosive other than
5.9 	consumer fireworks, 1.4G (Class C, Common), by the hazardous
5.10 	materials regulations of the United States Department of
5.11 	Transportation (DOTn) in Code of Federal Regulations, title 49.
5.12 	(c) Explosives are divided into three classes four
5.13 	categories and are defined as follows:
5.14 	(1) class A explosives:  possessing detonating or otherwise
5.15 	maximum hazard, such as dynamite, nitroglycerin, picric acid,
5.16 	lead azide, fulminate of mercury, blasting caps, and detonating
5.17 	primers;
5.18 	(2) class B explosives:  possessing flammable hazard, such
5.19 	as propellant explosives (including some smokeless powders),
5.20 	black powder, photographic flash powders, and some special
5.21 	fireworks;
5.22 	(3) class C explosives:  includes certain types of
5.23 	manufactured articles which contain class A, or class B
5.24 	explosives, or both, as components but in restricted quantities.
5.25 	The term explosive or explosives means any chemical compound,
5.26 	mixture or device, the primary or common purpose of which is to
5.27 	function by explosion; that is, with substantially instantaneous
5.28 	release of gas and heat, unless such compound, mixture, or
5.29 	device is otherwise specifically classified by the United States
5.30 	Department of Transportation.  The term explosives includes all
5.31 	material which is classified as class A, class B, and class C
5.32 	explosives by the United States Department of Transportation,
5.33 	and includes, but is not limited to dynamite, black powder,
5.34 	pellet powder, initiating explosives, blasting caps, electric
5.35 	blasting caps, safety fuse, fuse lighters, fuse igniters,
5.36 	squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
6.1 	igniters, and some special fireworks.  Commercial explosives are
6.2 	those explosives which are intended to be used in commercial or
6.3 	industrial operation.  The term explosives does not include
6.4 	flammable liquids or flammable gases.
6.5 	(1) High explosive:  explosive material, such as dynamite,
6.6 	that can be caused to detonate by means of a number eight test
6.7 	blasting cap when unconfined.
6.8 	(2) Low explosive:  explosive material that will burn or
6.9 	deflagrate when ignited, characterized by a rate of reaction
6.10 	that is less than the speed of sound, including, but not limited
6.11 	to, black powder, safety fuse, igniters, igniter cord, fuse
6.12 	lighters, class 1.3G fireworks (formerly classified as Class B
6.13 	special fireworks), and class 1.3C propellants.
6.14 	(3) Mass-detonating explosives:  division 1.1, 1.2, and 1.5
6.15 	explosives alone or in combination, or loaded into various types
6.16 	of ammunition or containers, most of which can be expected to
6.17 	explode virtually instantaneously when a small portion is
6.18 	subjected to fire, severe concussion, impact, the impulse of an
6.19 	initiating agent, or the effect of a considerable discharge of
6.20 	energy from without.  Materials that react in this manner
6.21 	represent a mass explosion hazard.  Such an explosive will
6.22 	normally cause severe structural damage to adjacent objects.
6.23 	Explosive propagation could occur immediately to other items of
6.24 	ammunition and explosives stored sufficiently close to and not
6.25 	adequately protected from the initially exploding pile with a
6.26 	time interval short enough so that two or more quantities must
6.27 	be considered as one for quantity-distance purposes.
6.28 	(4) United Nations/United States Department of
6.29 	Transportation (UN/DOTn) Class 1 explosives:  the hazard class
6.30 	of explosives that further defines and categorizes explosives
6.31 	under the current system applied by DOTn for all explosive
6.32 	materials into further divisions as follows, with the letter G
6.33 	identifying the material as a pyrotechnic substance or article
6.34 	containing a pyrotechnic substance and similar materials:
6.35 	(i) Division 1.1 explosives have a mass explosion hazard.
6.36 	A mass explosion is one that affects almost the entire load
7.1 	instantaneously.
7.2 	(ii) Division 1.2 explosives have a projection hazard but
7.3 	not a mass explosion hazard.
7.4 	(iii) Division 1.3 explosives have a fire hazard and either
7.5 	a minor blast hazard or a minor projection hazard or both, but
7.6 	not a mass explosion hazard.
7.7 	(iv) Division 1.4 explosives pose a minor explosion
7.8 	hazard.  The explosive effects are largely confined to the
7.9 	package and no projection of fragments of appreciable size or
7.10 	range is to be expected.  An external fire must not cause
7.11 	virtually instantaneous explosion of almost the entire contents
7.12 	of the package.
7.13 	(v) Division 1.5 explosives are very insensitive and are
7.14 	comprised of substances that have a mass explosion hazard, but
7.15 	are so insensitive that there is very little probability of
7.16 	initiation or of transition from burning to detonation under
7.17 	normal conditions of transport.
7.18 	(vi) Division 1.6 explosives are extremely insensitive and
7.19 	do not have a mass explosion hazard, comprised of articles that
7.20 	contain only extremely insensitive detonating substances and
7.21 	that demonstrate a negligible probability of accidental
7.22 	initiation or propagation.

7.23 	Sec. 6. Minnesota Statutes 2004, section 299F.362,
7.24 	subdivision 3, is amended to read:
7.25 		Subd. 3.Smoke detector for any dwelling.  Every dwelling
7.26 	unit within a dwelling shall must be provided with a smoke
7.27 	detector meeting the requirements of Underwriters Laboratories,
7.28 	Inc., or approved by the International Conference of Building
7.29 	Officials the State Fire Code.  The detector shall must be
7.30 	mounted in accordance with the rules regarding smoke detector
7.31 	location promulgated adopted under the provisions of subdivision
7.32 	2.  When actuated, the detector shall must provide an alarm in
7.33 	the dwelling unit.

7.34 	Sec. 7. Minnesota Statutes 2004, section 299F.362,
7.35 	subdivision 4, is amended to read:
7.36 		Subd. 4.Smoke detector for apartment, lodging house, or
8.1 	hotel.  Every dwelling unit within an apartment house and every
8.2 	guest room in a lodging house or hotel used for sleeping
8.3 	purposes shall must be provided with a smoke detector conforming
8.4 	to the requirements of Underwriters Laboratories, Inc., or
8.5 	approved by the International Conference of Building
8.6 	Officials the State Fire Code.  In dwelling units, detectors
8.7 	shall must be mounted in accordance with the rules regarding
8.8 	smoke detector location promulgated adopted under the provisions
8.9 	of subdivision 2.  When actuated, the detector shall must 
8.10 	provide an alarm in the dwelling unit or guest room.

8.11 	Sec. 8. REPEALER.
 8.12 	Minnesota Statutes 2004, sections 69.011, subdivision 5;
8.13 	299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
8.14 	299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
8.15 	and 299F.452, are repealed.