SF 2759

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/25/2010 05:54pm

A bill for an act
relating to the State Building Code; modifying municipal enforcement
provisions; amending Minnesota Statutes 2008, sections 326B.106, subdivision
4; 326B.121, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 326B.106, subdivision 4, is amended to
read:

Subd. 4.

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 326B.439 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 326B.92 subdivision 1. Permits for bioprocess piping shall be according to section
326B.92 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.

new text begin (n) Electrical code and agricultural buildings. Requirements under Article 547
of the National Electrical Code shall be required only when there is a demonstrated risk
resulting from the presence of excessive accumulations of dust and dust with water
where a corrosive atmosphere exists, or in animal confinement buildings housing animals
sensitive to small voltage gradients.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 326B.121, subdivision 2, is amended to read:

Subd. 2.

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. new text begin This subdivision does not
prohibit a municipality from requiring existing components or systems of any structure to
be maintained in good repair, but not exceeding the provisions under which the structure,
component, or system was built, unless specific retroactive provisions for existing
buildings have been adopted as part of the State Building Code. new text end 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 326B.139.

(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.