2001 Minnesota Statutes

     299F.46 Hotel fire protection; inspection, enforcement. 

    Subdivision 1.    Hotel inspection.  (a) It shall be the 
 duty of the commissioner of public safety to inspect, or cause 
 to be inspected, at least once every three years, every hotel in 
 this state; and, for that purpose, the commissioner, or the 
 commissioner's deputies, or designated alternates or agents 
 shall have the right to enter or have access thereto at any 
 reasonable hour; and, when, upon such inspection, it shall be 
 found that the hotel so inspected does not conform to or is not 
 being operated in accordance with the provisions of sections 
 157.011 and 157.15 to 157.22, in so far as the same relate to 
 fire prevention or fire protection of hotels, or the rules 
 promulgated thereunder, or is being maintained or operated in 
 such manner as to violate the Uniform Fire Code promulgated 
 pursuant to section 299F.011 or any other law of this state 
 relating to fire prevention and fire protection of hotels, the 
 commissioner and the deputies or designated alternates or agents 
 shall report such a situation to the hotel inspector who shall 
 proceed as provided for in chapter 157. 

    (b) The word "hotel", as used in this subdivision, has the 
 meaning given in section 299F.391. 

    Subd. 2.    Inspection agreement with local government.  
 (a) The commissioner of public safety may enter into an 
 agreement with any county, two or more contiguous counties, or 
 city or other municipality, hereafter called the designated 
 agent, under which agreement the designated agent may agree to 
 perform all or part of the inspection duties authorized in 
 subdivision 1.  The agreement shall also set forth criteria by 
 which the commissioner will determine that performance by the 
 designated agent complies with state standards and is sufficient 
 to replace inspection by the commissioner.  The agreement may 
 specify minimum staff requirements and qualifications and 
 provide for termination procedures if the commissioner finds 
 that the designated agent fails to comply with the terms and 
 requirements of the agreement. 

    (b) No designated agent may perform any inspection duties 
 pursuant to the agreement in any territory outside its 
 jurisdiction. 

    (c) The scope of the agreement shall be limited to duties 
 and responsibilities agreed upon by the parties and may provide 
 a basis for automatic renewal and provisions for notice of 
 intent to terminate by either party. 

    (d) During the life of the agreement the commissioner shall 
 not perform any inspection which the designated agent is 
 required to perform under the agreement, except for inspection 
 necessary to determine compliance with the agreement and this 
 section.  The commissioner shall consult with, advise and assist 
 a designated agent in the performance of its duties under the 
 agreement. 

    (e) No agreement shall be effective to transfer any tort 
 liability attributable to any inspection or lack of inspection 
 from the state of Minnesota to the local unit contracting to 
 perform the inspection. 

    HIST: (3288, 5950) 1911 c 386 s 2; 1913 c 564 s 2; 1949 c 469 
 s 1; 1969 c 1129 art 10 s 2; 1978 c 777 s 9; 1981 c 106 s 15; 
 1986 c 444; 1995 c 207 art 9 s 60; 1996 c 451 art 4 s 70; 1997 c 
 7 art 1 s 123