2003 Minnesota Statutes

CHAPTER 299F. Fire marshal

     299F.01 Fire marshal. 

    Subdivision 1.    Commissioner's powers and duties 
 transferred.  All the powers and duties now vested in or 
 imposed upon the commissioner of commerce as ex officio state 
 fire marshal as prescribed in Minnesota Statutes, chapters 73, 
 74, 75, 76, and any other law, are hereby transferred to, vested 
 in, and imposed upon the commissioner of public safety.  The 
 duties and responsibilities of the commissioner of commerce as 
 ex officio state fire marshal as heretofore constituted are 
 abolished.  

    Subd. 2.    Division created; state fire marshal.  A 
 division in the Department of Public Safety to be known as the 
 Division of Fire Marshal is hereby created, under the 
 supervision and control of the state fire marshal, to whom shall 
 be assigned the duties and responsibilities described in this 
 section.  The commissioner may place the fire marshal's position 
 in the unclassified service if the position meets the criteria 
 of section 43A.08, subdivision 1a.  

    Subd. 3. Repealed, 1996 c 310 s 1 

    HIST: 1969 c 1129 art 1 s 2; 1982 c 560 s 55; 1983 c 289 s 114 
 subd 1; 1984 c 655 art 1 s 92 

     299F.011 Uniform Fire Code; adoption. 

    Subdivision 1.    Authority.  The commissioner of public 
 safety through the Division of Fire Marshal may promulgate a 
 Uniform Fire Code and make amendments thereto in accordance with 
 the Administrative Procedure Act in chapter 14.  The code and 
 its amendments shall conform insofar as practicable to model 
 fire codes generally accepted and in use throughout the United 
 States, with consideration given to existing statewide specialty 
 codes presently in use in the state of Minnesota.  Statewide 
 specialty codes and model codes with necessary modifications may 
 be adopted by reference in accordance with section 14.07, 
 subdivision 4. 

    Subd. 2. Repealed, 1981 c 106 s 16 

    Subd. 3.    Rules for code administration and enforcement. 
  The commissioner shall adopt rules as may be necessary to 
 administer and enforce the code, specifically including but not 
 limited to rules for inspection of buildings and other 
 structures covered by the code and conforming the code to the 
 governmental organization of Minnesota state agencies, political 
 subdivisions and local governments. 

    Subd. 4.    Applicability; local authority.  The Uniform 
 Fire Code shall be applicable throughout the state and in all 
 political subdivisions and municipalities therein.  However, 
 nothing in this subdivision shall prohibit a local unit of 
 government otherwise authorized by law from adopting or 
 enforcing any ordinance or regulation which specifies 
 requirements equal to, in addition to, or more stringent than 
 the requirements of the Uniform Fire Code.  Any ordinance or 
 regulation adopted by a local unit which differs from the 
 Uniform Fire Code must be directly related to the safeguarding 
 of life and property from the hazards of fire, must be uniform 
 for each class or kind of building covered, and may not exceed 
 the applicable requirements of the Uniform Building Code adopted 
 pursuant to sections 16B.59 to 16B.73. 

    Subd. 4a.    Day care home regulation.  (a) 
 Notwithstanding any contrary provision of this section, the fire 
 marshal shall not adopt or enforce a rule: 

    (1) establishing staff ratios, age distribution 
 requirements, and limitations on the number of children in care; 

    (2) regulating the means of egress from family or group 
 family day care homes in addition to the egress rules that apply 
 to the home as a single family dwelling; or 

    (3) confining family or group family day care home 
 activities to the floor of exit discharge.  

    (b) For purposes of this subdivision, "family or group 
 family day care home" means a dwelling unit in which the day 
 care provider provides the services referred to in section 
 245A.02, subdivision 10, to one or more persons.  

    (c) Nothing in this subdivision prohibits the Department of 
 Human Services from adopting or enforcing rules regulating day 
 care, including the subjects in paragraph (a), clauses (1) and 
 (3).  The department may not, however, adopt or enforce a rule 
 stricter than paragraph (a), clause (2).  

    (d) The Department of Human Services may by rule adopt 
 procedures for requesting the state fire marshal or a local fire 
 marshal to conduct an inspection of day care homes to ensure 
 compliance with state or local fire codes.  

    (e) The commissioners of public safety and human services 
 may enter into an agreement for the commissioner of human 
 services to perform follow-up inspections of programs, subject 
 to licensure under section 245A, to determine whether certain 
 violations cited by the state fire marshal have been corrected.  
 The agreement shall identify specific items the commissioner of 
 human services is permitted to inspect.  The list of items is 
 not subject to rulemaking and may be changed by mutual agreement 
 between the state fire marshal and the commissioner.  The 
 agreement shall provide for training of individuals who will 
 conduct follow-up inspections.  The agreement shall contain 
 procedures for the commissioner of human services to follow when 
 the commissioner requires assistance from the state fire marshal 
 to carry out the duties of the agreement.  

    (f) No tort liability is transferred to the commissioner of 
 human services as a result of the commissioner of human services 
 performing activities within the limits of the agreement. 

    Subd. 4b.    Stairway.  The Uniform Fire Code shall not 
 require stairways of existing multiple dwelling buildings of two 
 stories or less to be enclosed.  For the purposes of this 
 subdivision the term "stories" has the meaning given it in the 
 State Building Code. 

    Subd. 4c.    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 Uniform Fire 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.  

    Subd. 5.    Appeal policy; variance.  Upon application, 
 the state fire marshal may grant variances from the minimum 
 requirements specified in the code if there is substantial 
 compliance with the provisions of the code, the safety of the 
 public and occupants of such building will not be jeopardized, 
 and undue hardship will result to the applicant unless such 
 variance is granted.  No appeal to the state fire marshal for a 
 variance from the Uniform Fire Code shall be accepted until the 
 applicant has first made application to the local governing body 
 and the local unit has acted on the application.  The state fire 
 marshal shall consider the decision of the local governing 
 body.  Any person aggrieved by a decision made by the fire 
 marshal under this subdivision may proceed before the fire 
 marshal as with a contested case in accordance with the 
 Administrative Procedure Act. 

    Subd. 5a.    Local board of appeal.  Local governing 
 bodies may appoint boards of appeal to hear and rule on appeals 
 from orders issued under the fire code.  An appeal from a local 
 board of appeal may be made to the local governing body.  If a 
 board of appeal is not appointed, the appeals of orders must be 
 made directly to the governing body.  Local boards of appeal and 
 governing bodies are not liable for damages in connection with 
 granting variances, abatements, denials, or modifications of 
 orders from the fire code that are made in good faith.  

    Subd. 5b.    Variance considerations.  When considering 
 appeals for variances from the fire code, the local appeal board 
 or governing body, the state fire marshal, a state 
 administrative law judge, and a court shall take into 
 consideration the benefit to be obtained by complying with the 
 fire marshal's orders and the effect on affordable housing, 
 provided that the spirit of the code is complied with and public 
 safety secured. 

    Subd. 6.    Misdemeanor.  A person who violates a 
 provision of the Uniform Fire Code shall be guilty of a 
 misdemeanor.  No person shall be convicted for violating the 
 Uniform Fire Code unless the person shall have been given notice 
 of the violation in writing and reasonable time to comply.  The 
 notice must contain a statement explaining the right to appeal 
 the orders. 

    Subd. 7.    Fees.  A fee of $100 shall be charged by the 
 state fire marshal for each plan review involving: 

    (1) flammable liquids under Minnesota Rules, part 
 7510.3650; 

    (2) motor vehicle fuel-dispensing stations under Minnesota 
 Rules, part 7510.3610; or 

    (3) liquefied petroleum gases under Minnesota Rules, part 
 7510.3670. 

    HIST: 1974 c 550 s 1; 1978 c 777 s 1; 1981 c 106 s 1; 1982 c 
 424 s 114,130; 1984 c 544 s 89; 1984 c 654 art 5 s 58; 1984 c 
 658 s 3; 1985 c 248 s 70; 1986 c 444; 1Sp1986 c 3 art 4 s 10; 
 1987 c 201 s 1-3; 1987 c 333 s 22; 1990 c 388 s 1; 1991 c 149 s 
 3; 1991 c 235 art 3 s 2; 1992 c 513 art 9 s 33; 1992 c 597 s 16; 
 1993 c 327 s 16; 2002 c 220 art 7 s 13 

     299F.013 Fuel dispensing. 

    (a) Any rule of the commissioner of public safety that 
 adopts provisions of the Uniform Fire Code relating to flammable 
 and combustible liquids must permit the dispensing of class I 
 and class II liquids from a fuel-dispensing system supplied by 
 exterior aboveground tanks, for operations not open to the 
 public. 

    (b) The following dispensing operations are permitted: 

    (1) dispensing of class I liquids from one tank having a 
 capacity of up to 560 gallons having the dispenser located on or 
 adjacent to the tank; 

    (2) dispensing of class II liquids from up to two tanks 
 having a capacity of up to 1,000 gallons each and having the 
 dispenser located on or adjacent to the tank. 

    (c) Dispensing operations authorized under this section are 
 subject to all other applicable requirements of the Uniform Fire 
 Code. 

    HIST: 1994 c 536 s 24 

     299F.014 Rules for certain petroleum storage tanks; tank 
  vehicle parking. 

    (a) Any rule of the commissioner of public safety that 
 adopts provisions of the Uniform Fire Code relating to 
 aboveground tanks for petroleum storage that are not used for 
 dispensing to the public is superseded by Minnesota Rules, 
 chapter 7151, in regard to:  secondary containment, substance 
 transfer areas, tank and piping standards, overfill protection, 
 corrosion protection, leak detection, labeling, monitoring, 
 maintenance, record keeping, and decommissioning.  If Minnesota 
 Rules, chapter 7151, does not address an issue relating to 
 aboveground tanks for petroleum storage that are not used for 
 dispensing to the public, any applicable provision of the 
 Uniform Fire Code, 1997 Edition, shall apply. 

    (b) A motorized tank vehicle used to transport petroleum 
 products may be parked within 500 feet of a residence if the 
 vehicle is parked at an aboveground tank facility used for 
 dispensing petroleum into cargo tanks for sale at another 
 location. 

    HIST: 1999 c 203 s 8 

     299F.015 Use of waste oil burner. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the following terms shall have the meanings given:  

    (a) "Waste oil" means a refined oil which has been used for 
 the lubrication of an internal combustion engine or in a similar 
 crankcase application or other applications in connection with 
 motor vehicles and has been contaminated by impurities as a 
 result of that use.  

    (b) "Approved waste oil burner" means a device designed to 
 burn waste oil for heating purposes, which is found by a 
 recognized independent testing laboratory to provide a degree of 
 safety substantially equivalent to other devices approved for 
 similar purposes under the Uniform Fire Code or State Building 
 Code.  

    Subd. 2.    Burner permitted.  Notwithstanding any 
 contrary provision of sections 16B.59 to 16B.73 or 299F.011, or 
 any rule adopted under those sections, the state fire marshal, 
 the state building inspector, and political subdivisions may 
 permit the installation and use of approved waste oil burners in 
 gasoline service stations or commercial garages.  

    Subd. 3.    Limitations.  No person shall burn any waste 
 oil in an approved waste oil burner if the waste oil does not 
 conform with the specifications contained in rules of the 
 Pollution Control Agency adopted under section 116.07.  

    HIST: 1982 c 447 s 1; 1984 c 544 s 89 

  299F.02 Repealed, 1971 c 25 s 60 

     299F.03 Special attorney.  

    The attorney general may appoint a special attorney for the 
 division, whose work shall be under the supervision of the 
 attorney general, who shall fix the compensation, such 
 compensation to be paid out of the fund created under this 
 chapter.  

    HIST: (5953) 1913 c 564 s 4; 1969 c 1129 art 10 s 2 

     299F.035 Fire department use of criminal history data. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b) "Criminal history data" has the meaning given in 
 section 13.87. 

    (c) "Criminal justice agency" has the meaning given in 
 section 299C.46, subdivision 2. 

    (d) "Fire department" has the meaning given in section 
 299F.092, subdivision 6. 

    (e) "Private data" has the meaning given in section 13.02, 
 subdivision 12. 

    Subd. 2.    Plan for access to data.  (a) The 
 superintendent of the Bureau of Criminal Apprehension, in 
 consultation with the state fire marshal, shall develop and 
 implement a plan for fire departments to have access to criminal 
 history data.  

    (b) The plan must include: 

    (1) security procedures to prevent unauthorized use or 
 disclosure of private data; and 

    (2) a procedure for the hiring authority in each fire 
 protection agency to fingerprint job applicants, submit requests 
 to the Bureau of Criminal Apprehension, and obtain state and 
 federal criminal history data reports for a nominal fee. 

    Subd. 3.    Relation of conviction to fire protection.  
 Criminal history data may be used in assessing fire protection 
 agency job applicants only if the criminal history data are 
 directly related to the position of employment sought. 

    Subd. 4.    Determination of relationship.  In 
 determining if criminal history data are directly related to the 
 position of employment sought, the hiring authority may consider:

    (1) the nature and seriousness of the criminal history data 
 on the job applicant; 

    (2) the relationship of the criminal history data to the 
 purposes of regulating the position of employment sought; and 

    (3) the relationship of the criminal history data to the 
 ability, capacity, and fitness required to perform the duties 
 and discharge the responsibilities of the position of employment 
 sought. 

    HIST: 1989 c 290 art 8 s 1 

     299F.036 Firefighter; previous employment investigation. 

    Subdivision 1.    Previous employment investigations 
 authorized.  The fire chief or administrative head of a fire 
 department as defined under section 299F.092, subdivision 6, may 
 conduct a previous employment investigation on an applicant for 
 a fire protection service position. 

    Subd. 2.    Disclosure of employment information.  (a) 
 Upon request of a fire chief or an administrative head, an 
 employer shall disclose or otherwise make available for 
 inspection employment information of an employee or former 
 employee who is the subject of an investigation under 
 subdivision 1.  The request for disclosure of employment 
 information must be in writing, must be accompanied by an 
 original authorization and release signed by the employee or 
 former employee, and must be signed by the fire chief or 
 administrative head conducting the previous employment 
 investigation. 

    (b) Upon request, the fire chief or administrative head 
 shall disclose to the applicant the information obtained under 
 this subdivision. 

    Subd. 3.    Refusal to disclose personnel record.  If an 
 employer refuses to disclose employment information in 
 accordance with this section, upon request the district court 
 may issue an ex parte order directing the disclosure of the 
 employment information.  The request must be made by the fire 
 chief or administrative head conducting the investigation and 
 must include a copy of the original request for disclosure made 
 upon the employer or former employer and the authorization and 
 release signed by the employee or former employee.  The request 
 must be signed by the fire chief or administrative head 
 requesting the order and an attorney representing the state or 
 the political subdivision on whose behalf the investigation is 
 being conducted.  It is not necessary for the request or the 
 order to be filed with the court administrator.  Failure to 
 comply with the court order subjects the person who fails to 
 comply to civil or criminal contempt of court.  

    Subd. 4.    Immunity from liability.  In the absence of 
 fraud or malice, an employer is immune from civil liability for 
 employment information released to a fire department under this 
 section, or for any subsequent publication made by the employee 
 or former employee of information released to a fire department 
 under this section. 

    Subd. 5.    Confidentiality agreements.  If employment 
 information is subject to a confidentiality agreement between 
 the employee or former employee and the employer, the employer 
 shall disclose the fact that such an agreement exists.  If the 
 employee or former employee has authorized the release of 
 employment information without regard to any previous agreement 
 to the contrary, the employer shall also disclose the employment 
 information according to subdivision 2.  If employment 
 information is sealed or otherwise subject to a nondisclosure 
 order by a court of competent jurisdiction, the employer shall 
 disclose the fact that this order exists, along with information 
 identifying the court and court's file number. 

    Subd. 6.    Employment information defined.  For 
 purposes of this section, "employment information" means written 
 information in connection with job applications, performance 
 evaluations, attendance records, disciplinary actions, and 
 eligibility for rehire. 

    Subd. 7.    Application.  For purposes of this section, 
 "employer" does not include an entity that is subject to chapter 
 13. 

    HIST: 1999 c 197 s 1 

     299F.04 Origin of fire investigated. 

    Subdivision 1.    Duty.  The chief of the fire 
 department of each city in which a fire department is 
 established, and the mayor of each city in which no fire 
 department exists, and the president of the statutory city board 
 of each statutory city in which no fire department exists, and 
 the town clerk of each town without the limits of any city or 
 statutory city, shall investigate, or cause to be investigated, 
 the cause, origin, and circumstances of each fire occurring in 
 the city, statutory city or town by which property has been 
 destroyed or damaged when the damage exceeds $100, except that 
 all fires of unknown origin shall be reported, and shall 
 especially make investigation as to whether the fire was the 
 result of carelessness, accident, or design. 

    Subd. 2.    Coordination by state fire marshal.  The 
 investigation shall be begun within two days of the occurrence 
 of the fire and the state fire marshal shall have the right to 
 coordinate the investigation on deeming it necessary. 

    Subd. 3.    Reporting and records requirements.  The 
 officer making investigation of fires occurring in cities, 
 statutory cities and towns shall forthwith notify the state fire 
 marshal and shall, within one week of the occurrence of the 
 fire, furnish to the state fire marshal a written statement of 
 all the facts relating to the cause and origin of the fire and 
 such further information as may be called for by the blanks 
 furnished by the state fire marshal.  The state fire marshal 
 shall keep a record of all fires occurring in the state, 
 together with all facts, statistics, and circumstances, 
 including the origin of the fires, which may be determined by 
 the investigation provided by this chapter.  These statistics 
 shall be at all times open to public inspection. 

    Subd. 3a.    Arson investigative data system.  (a) As 
 used in this section, "criminal justice agency" means state and 
 local prosecution authorities, state and local law enforcement 
 agencies, local fire departments, and the Office of State Fire 
 Marshal. 

    (b) The state fire marshal shall administer and maintain a 
 computerized arson investigative data system for the purpose of 
 assisting criminal justice agencies in the investigation and 
 prosecution of suspected arson violations.  This data system is 
 separate from the reporting system maintained by the Department 
 of Public Safety under section 299F.05, subdivision 2.  The 
 system consists of data on individuals who are 14 years old or 
 older who law enforcement agencies determine are or may be 
 engaged in arson activity.  Notwithstanding section 260B.171, 
 subdivision 5, data in the system on adults and juveniles may be 
 maintained together.  Data in the system must be submitted and 
 maintained as provided in this subdivision. 

    (c) Subject to the provisions of paragraph (d), a criminal 
 justice agency may submit the following data on suspected arson 
 violations to the arson investigative data system: 

    (1) the suspect's name, known aliases, if any, and other 
 identifying characteristics; 

    (2) the modus operandi used to commit the violation, 
 including means of ignition; 

    (3) any known motive for the violation; 

    (4) any other crimes committed as part of the same 
 behavioral incident; 

    (5) the address of the building, the building owner's 
 identity, and the building occupant's identity; and 

    (6) the name of the reporting agency and a contact person. 

 A criminal justice agency that reports data to the arson 
 investigative data system shall maintain records documenting the 
 data in its own records system for at least the time period 
 specified in paragraph (e). 

    (d) The state fire marshal shall maintain in the arson 
 investigative data system any of the data reported under 
 paragraph (c) that the fire marshal believes will assist in the 
 investigation and prosecution of arson cases.  In lieu of or in 
 connection with any of these data, the state fire marshal may 
 include in the data system a reference to the criminal justice 
 agency that originally reported the data, with a notation to 
 system users that the agency is the repository of more detailed 
 information on the particular suspected arson violation. 

    (e) Notwithstanding section 138.17, the state fire marshal 
 shall destroy data on juveniles entered into the system when 
 three years have elapsed since the data were entered into the 
 system, except as otherwise provided in this paragraph.  If the 
 fire marshal has information that, since entry of data into the 
 system, the juvenile has been convicted as an adult or has been 
 adjudicated or has a stayed adjudication as a juvenile for an 
 offense that would be a crime if committed by an adult, the data 
 must be maintained until three years have elapsed since the last 
 record of a conviction, adjudication, or stayed adjudication of 
 the individual.  Upon request of the criminal justice agency 
 that submitted data to the system, the state fire marshal shall 
 destroy the data regardless of whether three years have elapsed 
 since the data were entered into the system. 

    (f) Data in the arson investigative data system are 
 confidential data on individuals as defined in section 13.02, 
 subdivision 3, but are accessible to criminal justice agencies. 

    Subd. 4.    Investigation by state fire marshal.  The 
 state fire marshal may conduct further investigation necessary 
 to establish reasonable grounds to believe that a violation of 
 Minnesota Statutes 1976, sections 609.561 to 609.576, has 
 occurred. 

    Subd. 5.    Notification.  (a) As used in this 
 subdivision, "chief officer" means the city fire marshal or 
 chief officer of a law enforcement agency's arson investigation 
 unit in a city of the first class. 

    (b) The officer making investigation of a fire resulting in 
 a human death shall immediately notify either the state fire 
 marshal or a chief officer.  The state fire marshal or chief 
 officer may conduct an investigation to establish the origin and 
 cause regarding the circumstance of the death.  If the chief 
 officer undertakes the investigation, the officer shall promptly 
 notify the state fire marshal of the investigation and, after 
 the investigation is completed, shall forward a copy of the 
 investigative report to the state fire marshal.  Unless the 
 investigating officer does so, the state fire marshal or chief 
 officer shall immediately notify the appropriate coroner or 
 medical examiner of a human death occurring as a result of a 
 fire.  The coroner or medical examiner shall perform an autopsy 
 in the case of a human death as provided in section 390.11, 
 subdivision 2a, or 390.32, subdivision 2a, as appropriate. 

    HIST: (5955) 1913 c 564 s 6; 1967 c 543 s 1; 1973 c 123 art 5 
 s 7; 1978 c 777 s 2,3; 1986 c 444; 1993 c 326 art 5 s 1; 1998 c 
 367 art 11 s 9; 1999 c 139 art 4 s 2 

ARSON

     299F.05 Law enforcement powers; information system. 

    Subdivision 1.    Investigation, arrest, and prosecution.  
  The state fire marshal, on determining that reasonable 
 grounds exist to believe that a violation of sections 609.561 to 
 609.576 has occurred, or reasonable grounds to believe that some 
 other crime has occurred in connection with a fire investigated 
 pursuant to section 299F.04, shall so inform the superintendent 
 of the Bureau of Criminal Apprehension. The superintendent shall 
 cooperate with the fire marshal and local officials in further 
 investigating the reported incident in a manner which may 
 include supervising and directing the subsequent criminal 
 investigation, and taking the testimony on oath of all persons 
 supposed to be cognizant of any facts relating to the matter 
 under investigation.  If the superintendent believes that there 
 is evidence sufficient to charge any person with a violation of 
 sections 609.561 to 609.576, or of any other crime in connection 
 with an investigated fire, the superintendent shall arrest or 
 cause the person to be arrested and charged with the offense and 
 furnish to the proper prosecuting attorney all relevant 
 evidence, together with the copy of all names of witnesses and 
 all the information obtained by the superintendent or the state 
 fire marshal, including a copy of all pertinent and material 
 testimony taken in the case. 

    Subd. 2.    Information system.  The state fire marshal 
 and the superintendent of the Bureau of Criminal Apprehension 
 shall maintain a record of arrests, charges filed, and final 
 disposition of all fires reported and investigated under 
 sections 299F.04 and 299F.05.  For this purpose a single 
 reporting system shall be implemented by the Department of 
 Public Safety utilizing the systems operated by the fire marshal 
 and the bureau.  The system shall be operated in such a way as 
 to minimize duplication and discrepancies in reported figures. 

    HIST: (5956) 1913 c 564 s 7; 1978 c 777 s 4; 1986 c 444 

     299F.051 Arson Training. 

    Subdivision 1.    Training unit.  An arson training unit 
 is established within the Division of Fire Marshal to develop 
 and administer arson training courses throughout the state for 
 law enforcement and fire service personnel and for prosecutors. 

    Subd. 1a.    Curriculum.  The arson training unit, in 
 consultation with the Bureau of Criminal Apprehension, the state 
 fire marshal, the Minnesota Peace Officer Standards and Training 
 Board, the County Attorneys Association, the attorney general, 
 and the State Advisory Council on Fire Service Education and 
 Research, shall establish a standardized curriculum to be 
 included in the training programs.  The standardized curriculum 
 shall include fire scene investigation and preservation of 
 evidence, interviewing of witnesses and suspects, constitutional 
 limits on interrogation by sworn and nonsworn officers, and 
 other topics deemed necessary to successful criminal 
 investigation and prosecution.  The training program offered to 
 peace officers shall meet the applicable preservice training 
 requirements established by the Peace Officer Standards and 
 Training Board under section 626.8456. 

    Subd. 2.    Training location, instructor.  The arson 
 training unit, in cooperation with the superintendent of the 
 Bureau of Criminal Apprehension, the Board of Peace Officer 
 Standards and Training, the County Attorneys Association, and 
 the attorney general, shall provide courses at convenient 
 locations in the state for training firefighters, peace 
 officers, and prosecutors in: 

    (1) the conduct of investigations following the occurrence 
 of a fire; and 

    (2) the prosecution of arson cases. 

 For this purpose, the arson training unit may use the services 
 and employees of the bureau, the state fire marshal, and the 
 attorney general.  In addition, the arson training unit is 
 authorized to establish minimum qualifications for training 
 course instructors, and engage part-time instructors necessary 
 and proper to furnish the best possible instruction, subject to 
 the limitation of funds appropriated and available for 
 expenditure.  Laws 1981, chapter 210, sections 1 to 48, shall 
 not apply to the part-time instructors. 

    Subd. 3.    In-service training.  The arson training 
 unit, in cooperation with the Bureau of Criminal Apprehension, 
 shall offer in-service and refresher training for firefighters 
 and peace officers through schools administered by the state, 
 county, school district, municipality, or joint or contractual 
 combinations thereof.  The in-service training courses offered 
 for peace officers shall be eligible for continuing education 
 credit from the Minnesota Board of Peace Officer Standards and 
 Training. 

    Subd. 4.    Cooperative investigation; reimbursement.  
 The state fire marshal and the superintendent of the Bureau of 
 Criminal Apprehension shall encourage the cooperation of local 
 firefighters and peace officers in the investigation of 
 violations of sections 609.561 to 609.576 or other crimes 
 associated with reported fires in all appropriate ways, 
 including providing reimbursement to political subdivisions at a 
 rate not to exceed 50 percent of the salaries of peace officers 
 and firefighters for time spent in attending fire investigation 
 training courses offered by the arson training unit.  Volunteer 
 firefighters from a political subdivision shall be reimbursed at 
 the rate of $35 per day plus expenses incurred in attending fire 
 investigation training courses offered by the arson training 
 unit.  Reimbursement shall be made only in the event that both a 
 peace officer and a firefighter from the same political 
 subdivision attend the same training course.  The reimbursement 
 shall be subject to the limitation of funds appropriated and 
 available for expenditure.  The state fire marshal and the 
 superintendent also shall encourage local firefighters and peace 
 officers to seek assistance from the arson strike force 
 established in section 299F.058. 

    HIST: 1978 c 777 s 5; 1981 c 210 s 54; 1997 c 7 art 2 s 50; 
 1997 c 239 art 8 s 19 

     299F.052 Arson Reporting Immunity Law, citation. 

    Sections 299F.052 to 299F.057 shall be known as the Arson 
 Reporting Immunity Law.  

    HIST: 1979 c 226 s 1 

     299F.053 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 299F.052 to 299F.057 the terms defined in this section have the 
 meanings given to them.  

    Subd. 2.    Authorized person.  "Authorized person" 
 means:  

    (1) the state fire marshal when authorized or charged with 
 the investigation of fires at the place where the fire actually 
 took place; 

    (2) superintendent of the Bureau of Criminal Apprehension; 

    (3) the prosecuting attorney responsible for prosecutions 
 in the county where the fire occurred; 

    (4) the sheriff or chief of police responsible for 
 investigation in the county where the fire occurred; 

    (5) the county attorney responsible for the prosecution in 
 the county where the fire occurred; 

    (6) the Federal Bureau of Investigation or any other 
 federal agency; 

    (7) the United States Attorney's Office when authorized or 
 charged with investigation or prosecution of a case involving a 
 fire loss; 

    (8) the chief administrative officer of the municipal arson 
 squad or the chief of the fire department responsible for the 
 investigation of the fire under section 299F.04, subdivision 1; 
 or 

    (9) the commissioner of commerce. 

    Subd. 3.    Relevant.  "Relevant" information or 
 evidence means information having any tendency to make the 
 existence of any fact that is of consequence to the 
 investigation or determination of the issue more probable or 
 less probable than it would be without the evidence.  

    HIST: 1979 c 226 s 2; 1995 c 258 s 63; 1997 c 77 s 5 

     299F.054 Disclosure of information. 

    Subdivision 1.    Insurance information.  An authorized 
 person may, in writing, require an insurance company to release 
 to the requesting person any or all relevant information or 
 evidence the authorized person deems important, which the 
 company may have in its possession, relating to a fire loss or 
 potential fire loss.  Relevant information may include, and is 
 limited to: 

    (1) pertinent insurance policy information relevant to a 
 fire loss or potential fire loss under investigation including 
 the application for a policy; 

    (2) policy premium payment records which are available; 

    (3) a history of previous claims made by the insured, 
 including, where the insured is a corporation or partnership, a 
 history of previous claims by a subsidiary or any affiliates, 
 and a history of claims of any other business association in 
 which individual officers or partners or their spouses were 
 known to be involved; and 

    (4) material relating to the investigation of the loss or 
 potential loss, including statements of any person, proof of 
 loss or potential loss, and any other evidence relevant to the 
 investigation.  

    Subd. 2.    Information released to authorized person.  
 (a) If an insurance company has reason to believe that a fire 
 loss or potential fire loss in which it has an interest may be 
 of other than accidental cause, the company shall, in writing, 
 notify an authorized person and provide the person with all 
 relevant material specified in this section developed from the 
 company's inquiry into the fire loss or potential fire loss.  

    (b) If an insurance company provides any one of the 
 authorized persons with notice of a fire loss or potential fire 
 loss, it is sufficient notice for the purpose of this 
 subdivision.  

    Subd. 3.    Information released for official purpose.  
 The authorized person provided with information pursuant to 
 subdivision 1 or 2, may in furtherance of official purposes 
 release or provide the information to any of the other 
 authorized persons.  

    Subd. 3a.    Conditions for release of information.  An 
 insurance company providing information to an authorized person 
 may request in writing from the authorized person relevant 
 information and receive the information requested within a 
 reasonable time not to exceed 30 days.  The relevant information 
 may not include nonconviction criminal history record 
 information or any other information detrimental to another 
 ongoing criminal investigation or that would reveal the identity 
 of a confidential source of information.  Any authorized person 
 not furnishing the information requested shall notify the 
 insurance company of the reasons why the information cannot be 
 furnished within 30 days of the request.  

    Subd. 4.    Good faith immunity.  (a) An insurance 
 company or its agent acting in its behalf, or an authorized 
 person who releases information, whether oral or written, acting 
 in good faith, pursuant to subdivisions 1 to 3a is immune from 
 any liability, civil or criminal, that might otherwise be 
 incurred or imposed. 

    (b) A person who, acting in good faith, reports to an 
 authorized person information, whether oral or written, that is 
 or may be relevant to the investigation of a fire is immune from 
 any civil liability that might otherwise be incurred or imposed. 

    HIST: 1979 c 226 s 3; 1983 c 208 s 4-7; 1986 c 444; 1997 c 77 
 s 6 

     299F.055 Confidential data; evidence. 

    Any data received pursuant to sections 299F.052 to 299F.057 
 by an authorized person or insurance company shall be 
 confidential data pursuant to section 13.02, subdivision 3 until 
 its release is required pursuant to a criminal or civil 
 proceeding.  

    HIST: 1979 c 226 s 4; 1981 c 311 s 39; 1982 c 545 s 24 

     299F.056 Enforcement. 

    Subdivision 1.    Refusal to release information.  No 
 insurance company or employee or officer thereof shall 
 intentionally refuse to release any information requested 
 pursuant to section 299F.054, subdivision 1. 

    Subd. 2.    Refusal to notify authorized person.  No 
 insurance company or employee or officer thereof shall 
 intentionally refuse to provide authorized persons notice or 
 relevant information pursuant to section 299F.054, subdivision 2.

    Subd. 3.    Confidentiality of information.  No person 
 shall fail to maintain the confidentiality of the data required 
 to be held as confidential. 

    Subd. 4.    Penalty.  Whoever violates the provisions of 
 subdivision 1, 2 or 3 is guilty of a misdemeanor.  

    HIST: 1979 c 226 s 5 

     299F.057 Applicability of ordinances; concurrent 
  jurisdiction. 

    The provisions of sections 299F.052 to 299F.057 shall not 
 be construed to affect or repeal any ordinance of any 
 municipality relating to fire prevention or the control of 
 arson, but the jurisdiction of the state fire marshal and the 
 superintendent of the Bureau of Criminal Apprehension in the 
 municipality is to be concurrent with that of the municipal and 
 county authorities. 

    HIST: 1979 c 226 s 6 

     299F.058 Arson strike force. 

    Subdivision 1.    Arson strike force.  A 
 multijurisdictional arson strike force is established to provide 
 expert investigative and prosecutorial assistance to local 
 agencies on request in complex or serious cases involving 
 suspected arson. 

    Subd. 2.    Membership.  (a) The arson strike force 
 consists of representatives from the following agencies and 
 organizations: 

    (1) the Division of Fire Marshal; 

    (2) the Bureau of Criminal Apprehension; 

    (3) the Office of Attorney General; 

    (4) the Minnesota County Attorneys Association; 

    (5) the Bureau of Alcohol, Tobacco, and Firearms of the 
 United States Treasury Department; 

    (6) the Minneapolis police and fire arson unit; 

    (7) the St. Paul police and fire arson unit; 

    (8) licensed private detectives selected by the state fire 
 marshal or the attorney general or their designees; and 

    (9) any other arson experts the arson strike force deems 
 appropriate to include. 

    (b) The arson strike force, as necessary, may consult and 
 work with representatives of property insurance agencies and 
 organizations and any other private organizations that have 
 expertise in arson investigations and prosecutions. 

    (c) Representatives from the Attorney General's Office and 
 the County Attorneys Association who are members of the arson 
 strike force may assist in administering the strike force. 

    (d) The strike force expires June 30, 2003. 

    Subd. 3.    Investigative duties.  (a) The arson strike 
 force shall be available on a statewide basis to assist local 
 public safety agencies in investigating the following types of 
 suspected arson cases: 

    (1) serial fires; 

    (2) multijurisdictional fires; 

    (3) fires causing death or serious injury to a public 
 safety officer; 

    (4) fires resulting in multiple deaths or injuries; or 

    (5) fires causing over $1,000,000 in damage. 

    (b) The arson strike force shall establish a mechanism for 
 informing local public safety agencies that it is available to 
 assist in the investigation of the suspected arson cases 
 described in paragraph (a). 

    (c) The arson strike force shall, by means of a memorandum 
 of understanding among the involved agencies, develop and 
 implement a protocol for the strike force's activation and 
 operation in local cases of suspected arson. 

    (d) The arson strike force shall assist the arson training 
 unit established in section 299F.051 in developing and 
 implementing educational programs for public safety personnel on 
 investigating arson cases. 

    Subd. 4.    Prosecution duties.  (a) The arson strike 
 force may identify and establish a team of prosecutors with 
 experience in arson cases who will provide advice, on request, 
 to local prosecutors who are prosecuting or preparing to 
 prosecute arson cases.  This team shall include prosecutors from 
 the Attorney General's Office and county prosecutors who are 
 identified and selected by the County Attorneys Association. 

    (b) The arson strike force shall assist the arson training 
 unit established in section 299F.051 in developing educational 
 programs and manuals to assist prosecutors in prosecuting arson 
 cases. 

    HIST: 1997 c 239 art 8 s 20; 1Sp2001 c 8 art 5 s 9 

     299F.059 Juvenile fire-setter intervention. 

    Subdivision 1.    Intervention network.  The state fire 
 marshal shall establish a statewide juvenile fire-setter 
 intervention network.  The network shall include a clearinghouse 
 of resources and materials to assist fire service personnel, 
 schools, law enforcement agencies, and mental health 
 professionals in understanding juvenile fire-setting behavior 
 and symptoms and intervening with juveniles who engage in the 
 behavior or display the symptoms.  The state fire marshal shall 
 include in the network the comprehensive injury prevention 
 education curriculum provided for in subdivision 2. 

    Subd. 2.    Educational curriculum.  The state fire 
 marshal shall ensure implementation of a comprehensive injury 
 prevention education curriculum that focuses on juvenile fire 
 play intervention and injury prevention.  The curriculum shall 
 be made available to schools and other interested organizations 
 statewide. 

    Subd. 3.    Annual training forum.  The state fire 
 marshal shall develop strategies and plans designed to reduce 
 the number of juvenile fire-setting incidents.  The state fire 
 marshal shall offer an annual training forum for fire service 
 and law enforcement personnel and for juvenile justice, medical, 
 educational, mental health, and other interested professionals 
 to discuss these strategies and other issues relating to 
 juvenile fire-setter behavior and symptoms. 

    Subd. 4.    Media campaign; keeping fire materials away 
 from children.  The state fire marshal shall develop an 
 ongoing media awareness campaign to instruct parents, retailers, 
 and the community on the importance of keeping fire materials 
 away from children and on methods for accomplishing that 
 objective.  

    HIST: 1997 c 239 art 8 s 21 

INVESTIGATORY POWERS

     299F.06 Testimonial powers. 

    Subdivision 1.    Summon witnesses; produce documentary 
 evidence.  (a) In order to establish if reasonable grounds 
 exist to believe that a violation of sections 609.561 to 
 609.576, has occurred, or to determine compliance with the 
 Uniform Fire Code or corrective orders issued thereunder, the 
 state fire marshal and the staff designated by the state fire 
 marshal shall have the power in any county of the state to 
 summon and compel the attendance of witnesses to testify before 
 the state fire marshal, chief assistant fire marshal, or deputy 
 state fire marshals, and may require the production of any book, 
 paper, or document deemed pertinent.  The state fire marshal may 
 also designate certain individuals from fire departments in 
 cities of the first class and cities of the second class as 
 having the powers set forth in this paragraph.  These designated 
 individuals may only exercise their powers in a manner 
 prescribed by the state fire marshal.  "Fire department" has the 
 meaning given in section 299F.092, subdivision 6.  "Cities of 
 the first class" and "cities of the second class" have the 
 meanings given in section 410.01.  

    (b) A summons issued under this subdivision shall be served 
 in the same manner and have the same effect as subpoenas from 
 district courts.  All witnesses shall receive the same 
 compensation as is paid to witnesses in district courts, which 
 shall be paid out of the fire marshal fund upon vouchers signed 
 by the state fire marshal, chief assistant fire marshal, or 
 deputy fire marshal before whom any witnesses shall have 
 attended and this officer shall, at the close of the 
 investigation wherein the witness was subpoenaed, certify to the 
 attendance and mileage of the witness, which certificate shall 
 be filed in the Office of the State Fire Marshal.  All 
 investigations held by or under the direction of the state fire 
 marshal, or any subordinate, may in the state fire marshal's 
 discretion be private and persons other than those required to 
 be present by the provisions of this chapter may be excluded 
 from the place where the investigation is held, and witnesses 
 may be kept separate and apart from each other and not allowed 
 to communicate with each other until they have been examined. 

    Subd. 2.    Oath administered.  The state fire marshal, 
 chief assistant state fire marshal, and deputy state fire 
 marshals are each hereby authorized and empowered to administer 
 oaths and affirmations to any persons appearing as witnesses 
 before them; and false swearing in any matter or proceeding 
 aforesaid shall be deemed perjury and punished as such. 

    Subd. 3.    Penalty for refusal to testify or produce 
 evidence.  Any witness who refuses to be sworn, or who refuses 
 to testify, or who disobeys any lawful order of the state fire 
 marshal, chief assistant fire marshal, or deputy state fire 
 marshal in relation to the investigation, or who fails or 
 refuses to produce any paper, book, or document touching any 
 matter under examination, or who is guilty of any contemptuous 
 conduct, after being summoned to appear before them to give 
 testimony in relation to any matter or subject under examination 
 or investigation may be punished by any district court in the 
 same manner as if the proceedings were pending in that court, 
 subject to the provisions of section 588.01. 

    HIST: (5957) 1913 c 564 s 8; 1978 c 777 s 6; 1986 c 444; 1997 
 c 239 art 8 s 22,23 

  299F.07 Repealed, 1997 c 239 art 8 s 36 

     299F.08 Premises, when entered. 

    Subdivision 1.    Immediate entry.  In the performance 
 of the duties imposed by the provisions of this chapter, the 
 state fire marshal and subordinates, during and within a 
 reasonable time after a fire has been extinguished, may enter 
 any building or premises where a fire has occurred and other 
 buildings and premises adjoining or near thereto to investigate 
 and gather evidence.  In determining whether a search is 
 reasonable within the meaning of this subdivision, the need for 
 investigatory search for the cause of the fire shall be balanced 
 against the privacy rights of the occupant or owner of the 
 building or premises.  

    Subd. 2.    Administrative search warrant.  (a) After 
 the reasonable time prescribed by subdivision 1 for an 
 investigatory search has expired, subsequent entries to the 
 building or premises to investigate and gather evidence may be 
 made only if there is consent from the owner or occupant of the 
 building or premises or pursuant to an administrative search 
 warrant issued by a judge.  

    (b) In determining whether to issue an administrative 
 search warrant for the purposes of this subdivision, the judge, 
 in conforming the decision to constitutional doctrine governing 
 warrant procedures for administrative searches, shall consider 
 but not be limited to the following factors:  

    (1) scope of the proposed search; 

    (2) number of prior entries by fire officials; 

    (3) time of day when the search is proposed to be made; 

    (4) lapse of time since the fire; 

    (5) continued use of the building; and 

    (6) the owner's or occupant's efforts to secure the 
 building against intruders.  

    Subd. 3.    Criminal search warrant.  If during the 
 course of an investigatory search under an administrative search 
 warrant issued in accordance with subdivision 2, the fire 
 marshal or subordinates find probable cause to believe arson has 
 occurred and require further access to the building or premises 
 to gather evidence for possible prosecution, a criminal search 
 warrant must be obtained from a judge.  

    Subd. 4.    Securing the scene.  In order to prevent the 
 loss, destruction, or alteration of evidence at a fire scene, 
 fire officials may secure fire scenes for up to 48 hours after 
 having extinguished the fire while warrants are obtained or 
 while the investigation authorized in this section is 
 conducted.  Fire scene security may be accomplished by 
 preventing any person from entering the fire scene or from 
 removing property from the fire scene.  An individual may enter 
 the fire scene if accompanied by the fire official conducting 
 the investigation, or if the individual obtains the fire 
 official's written permission.  Persons not complying with the 
 fire security measures under this subdivision are guilty of 
 obstructing legal process as defined in section 609.50.  Nothing 
 in this subdivision shall be construed to increase the civil 
 liability of fire officials or to decrease municipal or state 
 immunities as set forth in section 3.736 or 466.03.  

    HIST: (5959) 1913 c 564 s 10; 1981 c 106 s 2; 1985 c 141 s 1; 
 1986 c 444 

     299F.09 Building entered within reasonable hours. 

    The state fire marshal, chief assistant, deputies, and 
 subordinates, the chief of the fire department of each city 
 where a fire department is established, the mayor of a city 
 where no fire department exists, or the clerk of a town in 
 territory without the limits of a city, at all reasonable hours 
 may enter into all buildings and upon all premises within their 
 jurisdiction for the purpose of examination, after proper 
 consent from the occupant or owner or pursuant to an 
 administrative search warrant.  If the examination occurs 
 subsequent to a fire, entry into a building or premise is 
 governed by section 299F.08. 

    HIST: (5960) 1913 c 564 s 11; 1973 c 123 art 5 s 7; 1981 c 106 
 s 3; 1986 c 444 

HAZARDOUS SUBSTANCE EMERGENCIES

     299F.091 Citation. 

    Sections 299F.091 to 299F.099 may be cited as the 
 "Community Emergency Response Hazardous Substances Protection 
 Act."  

    HIST: 1Sp1986 c 1 art 10 s 10 

     299F.092 Definitions. 

    Subdivision 1.    Scope.  The terms used in sections 
 299F.091 to 299F.099 have the meanings given them in this 
 section. 

    Subd. 2.    Classified information.  "Classified 
 information" means information, data, or both that, for security 
 reasons, has been given a special security classification such 
 as "secret," "confidential," "private," or "nonpublic," by 
 federal statute or rule and that, when so classified, is subject 
 to handling, use, and storage in accordance with established 
 standards to prevent unauthorized use or disclosure. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of public safety.  

    Subd. 4.    Emergency response personnel.  "Emergency 
 response personnel" means personnel employed or authorized by 
 the federal government, the state, or a political subdivision to 
 provide fire suppression, police protection, emergency medical 
 services, or emergency activities relating to health and safety. 

    Subd. 5.    Employer.  "Employer" means an employer as 
 defined in section 182.651, subdivision 7.  For the purposes of 
 sections 299F.091 to 299F.099, "employer" also means a 
 partnership or a self-employed person, whether or not the 
 partnership or person has other employees.  "Employer" does not 
 mean a farm that is a "small business." 

    Subd. 6.    Fire department.  "Fire department" means a 
 regularly organized fire department, fire protection district, 
 or fire company as defined in the Uniform Fire Code adopted 
 under section 299F.011, regularly charged with the 
 responsibility of providing fire protection to the state or a 
 political subdivision.  

    Subd. 7.    Hazard category.  "Hazard category" means a 
 list or description of hazardous substances, as developed by 
 rule by the commissioner of public safety, including human 
 reproductive hazards, flammable substances, human carcinogens, 
 explosives, corrosives, and reactive agents, that present 
 similar hazards in an emergency, or individual hazardous 
 substances of special concern to emergency response personnel. 

    Subd. 8.    Hazardous substance.  "Hazardous substance" 
 means a substance or mixture as defined in section 182.651, 
 subdivisions 14, 17, and 18, except that sections 299F.091 to 
 299F.099 do not apply to any hazardous substance while it is 
 being transported in interstate or intrastate commerce.  

    Subd. 9. Repealed, 1993 c 337 s 20 

    Subd. 10.    Hazardous substance notification report.  
 "Hazardous substance notification report" means a written record 
 submitted to a fire department, for each workplace, that 
 contains the information required in section 299F.094. 

    Subd. 11.    Local fire department.  "Local fire 
 department" means the fire department that would normally 
 respond to a fire at a given workplace.  

    Subd. 12.    Material safety data sheet.  "Material 
 safety data sheet" means a completed form recognized by the 
 occupational safety and health administration, equivalent 
 manufacturer's literature, or another form containing 
 substantially the same information pertaining to a specific 
 hazardous substance or a mixture containing one or more 
 hazardous substances.  

    Subd. 13.    Nonpublic data.  "Nonpublic data" has the 
 meaning given it in section 13.02, subdivision 9. 

    Subd. 14.    Significant change.  "Significant change" 
 means a change in the reportable quantity of a hazardous 
 substance that places the substance in a different quantity 
 range as specified on the hazardous substance notification 
 report form.  

    Subd. 15.    Small business.  "Small business" means a 
 business entity organized for profit, including any individual, 
 partnership, corporation, joint venture, association, or 
 cooperative that has 20 or fewer full-time employees, or 
 equivalent full-time employees during the preceding fiscal year 
 or not more than $1,000,000 in annual gross revenue in the 
 preceding fiscal year, and that is not an affiliate or 
 subsidiary of a business having more than 20 full-time or 
 equivalent full-time employees and more than $1,000,000 in 
 annual gross revenues.  For the purposes of this subdivision, 
 "equivalent full-time employees" means part-time employees' work 
 time combined to total 2,000 hours or the equivalent of one 
 full-time employee.  

    Subd. 16.    Work area.  "Work area" means a defined 
 space in a workplace where hazardous chemicals are stored, 
 produced, or used and where employees are present. 

    Subd. 17.    Workplace.  "Workplace" means an 
 establishment at one geographical location containing one or 
 more work areas.  

    HIST: 1Sp1986 c 1 art 10 s 11 

     299F.093 Powers and duties of commissioner. 

    Subdivision 1.    Duties; rules.  (a) The commissioner 
 shall: 

    (1) adopt rules no later than July 1, 1987, with the advice 
 of the Hazardous Substance Notification Advisory Committee, 
 establishing the form and content of the hazardous substance 
 notification report form, as required by section 299F.094, and 
 describing one or more hazard categories with specified ranges 
 of quantities in each hazard category, representing increments 
 of substantially increased risk; 

    (2) print and provide to individual fire departments the 
 requested number of hazardous substance notification reports, 
 which must be made available to a fire department no more than 
 90 days following its request, for the fire department to mail 
 or otherwise make available to employers in the jurisdiction; 

    (3) report to the legislature, as needed, on the 
 effectiveness of sections 299F.091 to 299F.099 and recommend 
 amendments to sections 299F.091 to 299F.099 that are considered 
 necessary; 

    (4) adopt rules to implement sections 299F.091 to 299F.099, 
 compatible with the Minnesota Uniform Fire Code so as to not 
 limit the authority of local fire officials under that code; and 

    (5) adopt rules that are based on the most recent standard 
 704, adopted by the National Fire Protection Association, and 
 that allow a fire department to require employers within its 
 jurisdiction to post signs conforming to standard 704, and 
 indicating the presence of hazardous substances.  If the signs 
 are required, a fire department shall supply the signs or 
 provide information to assist an employer to obtain them.  

    (b) The commissioner shall adopt criteria and guidelines, 
 with the concurrence of the Hazardous Substance Notification 
 Advisory Committee, for the disbursement of funds pursuant to 
 Laws 1986, First Special Session chapter 1, article 10, section 
 20, subdivision 1.  

    Subd. 2.    Investigation powers.  The commissioner 
 shall, at the request of a local fire department, investigate 
 suspected violations of sections 299F.091 to 299F.099.  

    HIST: 1Sp1986 c 1 art 10 s 12; 1993 c 337 s 18; 1997 c 187 art 
 1 s 22 

     299F.094 Report required; contents. 

    Subdivision 1.    Employer's duty.  Except as provided 
 in section 299F.096, subdivision 2, an employer who receives a 
 hazardous substance notification report shall submit to the 
 local fire department a completed hazardous substance 
 notification report form containing the information and in the 
 manner required by this section and the rules of the 
 commissioner, within two months after receiving a hazardous 
 substance notification report.  As an alternative, an employer 
 may, at the discretion of the local fire department, arrange 
 with the local fire department for a date certain upon which 
 that department may conduct an inspection of that employer's 
 workplace in order for the employer to provide the information, 
 or essentially the same information, as contained in the report 
 form to the local fire department.  

    Subd. 2.    Contents of form.  The hazardous substance 
 notification report must be completed on a form developed by the 
 commissioner of public safety and contain the following 
 information:  (1) the range of maximum combined quantities of 
 all hazardous substances contained in each designated hazard 
 category that may reasonably be expected to be present in the 
 workplace during normal operations; (2) the street address and 
 any other special identifier of the workplace; and (3) the 
 employer's name and street address with the telephone numbers of 
 responsible persons in charge of the workplace who can be 
 reached at all times.  

    Subd. 3.    Updated information.  If, after review of 
 the hazardous substance notification report of an employer, a 
 local fire department requires additional information, then the 
 employer: 

    (1) shall provide, at the request of that fire department, 
 a material safety data sheet, or any requested portion of it, 
 for any hazardous substance contained in any designated hazard 
 category covered by the hazardous substance notification report; 
 and 

    (2) shall respond as soon as possible, but in no case later 
 than 30 days, to a request by a local fire department for 
 clarification of any information previously submitted or to a 
 request for additional information under sections 299F.091 to 
 299F.099.  

    Subd. 4.    Prompt notification of change.  An employer 
 shall promptly notify the local fire department of significant 
 changes in the information provided under this section, but not 
 later than 30 days after each significant change.  

    Subd. 5.    Inspection; emergency plans.  At the request 
 of the local fire department, an employer shall permit the local 
 fire department inspection and cooperate in the preparation of 
 fire and emergency plans.  

    HIST: 1Sp1986 c 1 art 10 s 13 

     299F.095 Powers and duties of fire department. 

    (a) To the extent feasible, given the amount of funds and 
 training available, the local fire department shall:  

    (1) mail or otherwise distribute hazardous substance 
 notification report forms to employers within the jurisdiction 
 of the fire department except for those employers for whom an 
 inspection has been arranged or employers from whom a hazardous 
 substance notification is considered not necessary by the fire 
 department; 

    (2) retain and evaluate each hazardous substance 
 notification report and notification of significant change 
 submitted by each employer until the employer's workplace ceases 
 to exist or the fire department determines retention of the 
 hazardous substance notification report is no longer necessary; 

    (3) develop for fire department use appropriate fire and 
 emergency procedures for the hazardous substance risks of each 
 workplace based on the information received; 

    (4) investigate suspected violations of sections 299F.091 
 to 299F.099, and issue appropriate orders for compliance; and 

    (5) provide available material safety data sheets and 
 hazardous substance notification reports at the request of other 
 emergency response personnel.  

    (b) Data collected under sections 299F.091 to 299F.099 is 
 nonpublic data within the meaning of section 13.02, subdivision 
 9. 

    HIST: 1Sp1986 c 1 art 10 s 14 

     299F.096 Duty to safeguard private information. 

    Subdivision 1.    Nonpublic data.  Before a fire 
 department and emergency response personnel may have access to 
 information received under section 299F.094, the department 
 shall establish security procedures to prevent unauthorized use 
 or disclosure of nonpublic data.  Nonpublic data must be made 
 available in an emergency to emergency response personnel.  No 
 liability results under sections 299F.091 to 299F.099 with 
 respect to disclosure of nonpublic data if emergency response 
 personnel, in response to an emergency, reasonably determine 
 that the use or disclosure of the data is necessary to expedite 
 medical services or to protect persons from imminent danger.  As 
 soon as practicable after disclosure of nonpublic data is made 
 by emergency response personnel, the circumstances necessitating 
 the disclosure and the actual or estimated extent of the 
 disclosure must be described in writing by the personnel and 
 provided to the employer.  

    Subd. 2.    Classified information.  When the 
 notification required in section 299F.094 involves classified 
 information, the employer shall, without revealing the 
 classified information, attempt to provide the local fire 
 department with that information necessary to protect the 
 department, emergency response personnel, and the public in an 
 emergency.  The employer is also responsible for requesting 
 changes in the classification of classified information or 
 declassification of that material when it is considered 
 necessary by a local fire department in advance of an emergency 
 to protect emergency response personnel or the public.  An 
 employer is not required to reveal classified information, 
 except in an emergency, without prior governmental approval, and 
 in an emergency, an employer shall disclose to emergency 
 response personnel appropriate elements of classified 
 information that are reasonably necessary to protect human 
 life.  An employer may choose to make classified information 
 available to the local fire department or emergency response 
 personnel if necessary for emergency preplanning purposes.  In 
 those cases, classified information (1) may be made available to 
 a local fire department or emergency response personnel only 
 after it has been demonstrated that the personnel intended to 
 have access to the classified information meet access 
 requirements applicable to the facilities and to personnel 
 having access to classified information, and (2) must be 
 protected from disclosure by the local fire department and 
 emergency response personnel in accordance with applicable rules 
 and statutes. 

    HIST: 1Sp1986 c 1 art 10 s 15 

  299F.097 Repealed, 1993 c 337 s 20 

     299F.098 Penalties. 

    (a) An employer who violates a provision of sections 
 299F.091 to 299F.099 or a rule or order adopted or made under 
 the authority of those sections, that is determined by rule not 
 to be a violation of a serious nature, may be assessed a fine 
 not to exceed $1,000. 

    (b) An employer who violates a provision of sections 
 299F.091 to 299F.099 or a rule or order adopted or made under 
 the authority of those sections, that is determined by rule to 
 be of a serious nature, must be assessed a fine not to exceed 
 $1,000 for each violation. 

    (c) An employer who is convicted of knowingly making a 
 false statement, representation, or certification in an 
 application, record, report, plan, or other document filed or 
 required to be maintained under sections 299F.091 to 299F.099 is 
 guilty of a gross misdemeanor.  

    (d) An employer who is convicted of willfully or repeatedly 
 violating the requirements of sections 299F.091 to 299F.099 or a 
 rule or order adopted or made under those sections is guilty of 
 a gross misdemeanor.  

    (e) The penalties provided by this section may be imposed 
 in a criminal action in the name of the state brought in the 
 district court of the county in which the violation is alleged 
 to have occurred or the district court where the commissioner 
 has an office.  Fines imposed under sections 299F.091 to 
 299F.099 must be paid to the commissioner of public safety and 
 deposited in the general fund.  

    (f) No employer may be convicted for violating sections 
 299F.091 to 299F.099 or a rule or order made or issued under 
 those sections unless the employer was notified of the violation 
 in writing and given a reasonable time to comply.  

    HIST: 1Sp1986 c 1 art 10 s 17 

     299F.099 Local ordinance preempted. 

    Sections 299F.091 to 299F.099 preempt and supersede any 
 local ordinance or rule concerning the subject matter of those 
 sections. 

    HIST: 1Sp1986 c 1 art 10 s 18 

UNSAFE BUILDINGS

     299F.10 Building repaired or torn down.  

    The state fire marshal may condemn, and by order direct the 
 destruction, repair, or alteration of, any building or structure 
 which, by reason of age, dilapidated condition, defective 
 chimneys, defective electric wiring, gas connections, heating 
 apparatus, or other defect is especially liable to fire and 
 which building or structure in the judgment of the state fire 
 marshal, is so situated as to endanger life or limb or other 
 buildings or property in the vicinity.  In case the order 
 requires the repair of a building, the owner, lessee, or other 
 person upon whom rests the duty to keep the structure in repair 
 and upon whom the order is served shall make such repairs as 
 thereby directed and the order may direct that the structure be 
 closed and not further used or occupied until the repairs are 
 made.  Any person who shall willfully disobey the order 
 directing the closing of the building pending the making of 
 these repairs shall be guilty of a misdemeanor.  

    HIST: (5961) 1913 c 564 s 12; 1917 c 469 s 1 

     299F.11 Structure repaired or demolished. 

    Subdivision 1.    Authority.  The state fire marshal is 
 hereby authorized to petition the district court of any county 
 for an order of condemnation directing the destruction, repair, 
 or alteration of any building or structure located on land owned 
 by, or on land held in trust by, the state which is especially 
 liable to fire and dangerous to life and limb within the purview 
 of the provisions of section 299F.10.  In case the petition is 
 for an order requiring repairs, the person authorized by law to 
 make the repairs and upon whom the order is served, shall make 
 these repairs as thereby directed and the order may direct that 
 the building or structure be closed and not further used or 
 occupied until the repairs are made.  Upon the filing of the 
 petition with the district court wherein any such building or 
 structure is located, the court shall make a temporary order 
 directing the state fire marshal to serve a copy of the petition 
 and a copy of the temporary order upon the commissioner of 
 revenue and the county board of the county wherein the lands are 
 situated; and, if the lands are situated in a city of the first 
 class, then upon the assessor of this city of the first class, 
 within such time as may be fixed by the court in its order. If, 
 within 20 days, no objections are filed to the petition by the 
 parties so served, the court may require the state fire marshal 
 to present sufficient proof to sustain the allegations set forth 
 in the petition, and thereupon the court may or may not, as the 
 case may require, make an order of condemnation and direct the 
 state fire marshal to proceed with the destruction of the 
 building or structure; but if objections are filed and a copy of 
 the objections have been duly served upon the state fire marshal 
 within 20 days of the service of the copy of the temporary order 
 and copy of the petition hereinbefore referred to, the court 
 upon application by the state fire marshal shall make its order 
 fixing the time and place for hearing of the matter, which place 
 may be at any convenient point, at any general or special term, 
 or out of the term, or in chambers, within the judicial district 
 where the lands are situated, and which time shall be within ten 
 days from the date of the filing of the objections or as soon 
 thereafter as may be.  If upon the hearing the petition shall be 
 sustained, the court shall issue an order of condemnation and 
 fix the time within which the building or structure shall be 
 destroyed, repaired, or altered in compliance with the order and 
 that upon failure of the proper person or persons to comply with 
 the order the state fire marshal shall proceed with the 
 destruction thereof.  If upon the hearing the petition of the 
 state fire marshal is not sustained, the court shall deny the 
 petition.  

    Subd. 2.    Auction for salvage material.  In all cases 
 where the order of the court has not been complied with and the 
 state fire marshal is authorized to proceed with the demolition 
 of any building or structure, the state fire marshal shall sell 
 and dispose of the salvage materials therefrom at public auction 
 upon three days' posted notice and all expenses incurred by the 
 state fire marshal shall be paid out of the moneys received from 
 the auction of salvage material.  Should any surplus remain of 
 the amount received for salvage material, after deducting the 
 expenses incurred by the state fire marshal, this surplus shall 
 be paid to the treasurer of the county where the property was 
 situated to be distributed by the treasurer as provided by law. 

    HIST: (5961-1) 1939 c 200; 1941 c 123; 1973 c 582 s 3; 1986 c 
 444; 2002 c 379 art 1 s 73 

     299F.12 Exit opened, order.  

    When the state fire marshal upon inspection shall find a 
 building of such construction and use that the exits and means 
 of egress already provided do not afford reasonably safe escape 
 in case of fire for the number of people customarily within the 
 state fire marshal may order such exits to be opened and such 
 means of escape to be provided as are judged reasonably 
 necessary to eliminate the danger arising therefrom.  

    HIST: (5962) 1913 c 564 s 12; 1917 c 469 s 1; 1986 c 444 

     299F.13 Order in writing.  

    The order shall be in writing, recite the grounds therefor, 
 and be filed in the office of the court administrator of the 
 district court of the county in which the building or structure 
 so ordered to be altered, repaired, or demolished is situated 
 and thereupon all further proceedings for the enforcement 
 thereof shall be had in that court.  

    HIST: (5963) 1913 c 564 s 13; 1917 c 469 s 1; 1Sp1986 c 3 art 
 1 s 82 

     299F.14 Notice, service.  

    A copy of the order filed in accordance with section 
 299F.13, together with a written notice that the same has been 
 so filed and will be put in force unless the owner or occupying 
 tenant shall file with the court administrator of the court any 
 objections and answer thereto within the time specified in 
 section 299F.15, shall be served upon the owner of the building 
 or structure so directed to be altered, repaired, or demolished; 
 and, if there be a tenant occupying the building, then also upon 
 this occupant.  Service shall be made upon the owner and 
 occupying tenant, if there be one, personally, either within or 
 without the state. It shall be deemed a personal service of the 
 order and notice if the copy thereof be left at the house of the 
 usual abode of the person to be served, with some person of 
 suitable age and discretion then residing therein.  If the 
 whereabouts of the owner is unknown and the same cannot be 
 ascertained by the state fire marshal in the exercise of 
 reasonable diligence, then, upon the state fire marshal's filing 
 in the office of the court administrator of the district court 
 an affidavit to this effect, service of the notice upon the 
 owner may be made by publishing the same once in each week for 
 three successive weeks in a newspaper printed and published in 
 the county in which the building or structure is located and by 
 posting a copy thereof in a conspicuous place upon the building 
 or structure, and the service so made shall be deemed to be 
 complete upon the expiration of the publication period.  Proof 
 of service of the notice shall be filed in the office of the 
 court administrator of the district court not less than five 
 days before the filing of a motion for an order affirming the 
 state fire marshal's order of condemnation in case of default as 
 provided for by section 299F.15, or in case written objections 
 are filed and served, not less than five days before the time 
 fixed for the hearing provided for by section 299F.16.  

    HIST: (5964) 1913 c 564 s 14; 1917 c 469 s 1; 1947 c 417 s 1; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1992 c 464 art 1 s 56 

     299F.15 Written objection filed by owner. 

    The owner of any building or structure so condemned, or any 
 occupying tenant upon whom the notice and order are served, 
 within 20 days from the date of the service, as herein provided, 
 may file with the court administrator of the district court and 
 serve upon the state fire marshal, either personally or by 
 certified mail, written objections to the order in the form of 
 an answer denying the existence of any of the facts therein 
 recited which the owner desires to controvert. If no answer is 
 so filed and served, the owner and all other persons in interest 
 shall be deemed to be in default and thereupon the court shall 
 affirm the order of condemnation and direct the state fire 
 marshal to proceed with the enforcement thereof; but, if an 
 answer be filed and served, as herein provided, the court shall 
 hear and determine the issues so raised and make its order as 
 provided for by section 299F.16. 

    HIST: (5965) 1913 c 564 s 15; 1917 c 469 s 1; 1947 c 417 s 2; 
 1978 c 674 s 60; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     299F.16 Hearing.  

    The court upon motion of the state fire marshal shall make 
 its order fixing a time and place for the hearing, which place 
 may be at any convenient point within the judicial district, and 
 which time shall be within ten days from the date of the filing 
 of the answer, or as soon thereafter as may be.  Upon the trial 
 the order of the state fire marshal shall be prima facie 
 evidence of the existence of the facts therein recited.  If upon 
 the trial the order of the state fire marshal shall be 
 sustained, the court shall make its order accordingly and shall 
 fix a time within which the building or structure shall be 
 altered, repaired, or demolished, as the case may be, in 
 compliance with the order of the state fire marshal, but 
 otherwise the court may annul and set aside such order of the 
 state fire marshal, or modify it if the facts so warrant.  

    HIST: (5966) 1913 c 564 s 16; 1917 c 469 s 1; 1947 c 417 s 3 

     299F.17 Failure to comply with order. 

    Subdivision 1.    Sale or destruction of building.  If 
 the owner or other party in interest shall fail to comply with 
 the order of the state fire marshal within the time fixed 
 thereby, or with such order as affirmed or modified by the 
 court, within the time fixed by court, in case a trial is had as 
 provided for in section 299F.16, the state fire marshal may 
 proceed to cause the building or structure to be altered, 
 repaired, or demolished in accordance with the directions 
 contained in the order.  Where a building or structure is 
 demolished in accordance with the order the state fire marshal 
 may sell and dispose of the salvage materials therefrom at 
 public auction upon three days' posted notice.  In lieu of 
 demolishing the building or structure the state fire marshal may 
 sell it at a public auction, upon the same notice, provided the 
 purchaser signs a written agreement to demolish the building and 
 remove the salvage within such time from the date of sale as the 
 state fire marshal shall announce before the sale.  In case any 
 such purchaser shall fail to so demolish the building or 
 structure and remove the salvage within the specified time, the 
 sale to the purchaser shall be void, and the purchase price paid 
 shall be retained by the state fire marshal as liquidated 
 damages for breach of the agreement.  Any amount collected for 
 the sale of salvage, or the building or structure, or as 
 liquidated damages for breach of the agreement shall be 
 deposited with the commissioner of finance and credited to the 
 fund of the state fire marshal.  

    Subd. 2.    Statement of receipts and expenses; 
 appropriation to owner.  The state fire marshal shall keep an 
 accurate account of the expenses incurred in carrying out the 
 order and all other expenses theretofore incurred in connection 
 with its enforcement, including specifically, but not 
 exclusively, initial inspection fees incurred before the filing 
 of the order of condemnation, including costs of photographs of 
 building, filing fees, service fees, publication fees, 
 appraisers' fees, witness fees, including expert witness fees, 
 and traveling expenses incurred by the state fire marshal and 
 deputies from the time the order was originally made, and shall 
 credit thereon the amount, if any, received from the sale of the 
 salvage, or building or structure, or as liquidated damages for 
 breach of the agreement, and shall report the action under the 
 order, with a statement of moneys received and expenses incurred 
 to the court for approval and allowance.  Thereupon the court 
 shall examine, correct, if necessary, and allow the expense 
 account and, if the amount received from the sale of the 
 salvage, or of the building or structure, or for liquidated 
 damages for breach of the agreement does not equal or exceed the 
 amount of expenses as allowed, the court shall by its order 
 certify the deficiency in the amount so allowed to the county 
 auditor for collection.  The owner or other party in interest 
 shall pay the same within 30 days thereafter, with 25 percent 
 penalty added thereon, and in default of payment the auditor 
 shall enter this expense on the tax lists of the county as a 
 special charge against the real estate on which the building is 
 or was situated and the same shall be collected in the same 
 manner as other taxes and the amount so collected, including the 
 penalty thereon, shall be paid into the state treasury and 
 credited to the fund of the state fire marshal.  When any real 
 estate on which the building or structure is or was situated 
 forfeits to the state for taxes, this expense shall be 
 apportioned by the county auditor from the net proceeds of the 
 sale or rental of such forfeited land to the state treasury to 
 be credited to the fund of the state fire marshal in the same 
 manner as any other special assessment is apportioned as 
 provided in section 282.08, clause (2).  If the amount received 
 for the sale of the salvage, or of the building or structure, or 
 for liquidated damages for breach of the agreement to remove the 
 building or structure exceeds the expense incurred by the state 
 fire marshal, as allowed by the court, and if there are no 
 delinquent taxes, the court shall direct the payment of the 
 surplus to the owner or the payment of the same into court for 
 the owner's use and benefit.  If there are delinquent taxes 
 against the property, the court shall direct the payment of the 
 surplus to the county treasurer to be applied on such taxes.  

    There is hereby appropriated to the persons entitled to 
 such surplus, from the fund in the state treasury to which the 
 money was credited, an amount sufficient to make the payment.  

    HIST: (5967) 1913 c 564 s 17; 1917 c 469 s 1; 1947 c 417 s 4; 
 1959 c 157 s 5; 1963 c 638 s 1; 1986 c 444; 2003 c 112 art 2 s 
 50 

     299F.18 Combustible material removed.  

    The state fire marshal, the chief assistant fire marshal, 
 or any deputy fire marshal, who finds in any building or upon 
 any premises any combustible or explosive material, rubbish, 
 rags, waste, or inflammable matter of any kind, except liquids 
 covered by section 299F.19, endangering the safety of the 
 building or property or the occupants thereof or the occupants 
 of adjoining buildings shall order these materials removed or 
 the dangerous condition corrected forthwith.  This order shall 
 be in writing and directed generally to the owner, lessee, 
 agent, or occupant of the building or premises and any owner, 
 lessee, agent, or occupant upon whom such notice shall be served 
 who fails to comply therewith within 24 hours thereafter, unless 
 the order prescribes a longer period within which it may be 
 complied with, shall be guilty of a misdemeanor, and the 
 material may be removed or dangerous condition corrected at the 
 expense of the owner of the building and premises or the person 
 upon whom the service is so made, or both, and the state fire 
 marshal may maintain all necessary actions for the recovery 
 thereof.  

    HIST: (5968) 1913 c 564 s 18; 1917 c 469 s 1; 1949 c 292 s 1 

EXPLOSIVES RULES

     299F.19 Flammable liquids and explosives. 

    Subdivision 1.    Rules.  The commissioner of public 
 safety shall adopt rules for the safekeeping, storage, handling, 
 use, or other disposition of flammable liquids, flammable gases, 
 blasting agents, and explosives.  Loads carried in or on 
 vehicles transporting such products upon public highways within 
 this state shall be governed by the uniform vehicle size and 
 weights provisions in sections 169.80 to 169.88 and the 
 transportation of hazardous materials provisions of section 
 221.033.  The rules for flammable liquids and flammable gases 
 shall be distinguished from each other and from the rules 
 covering other materials subject to regulation under this 
 subdivision. 

    Subd. 2.    Blasting agent defined; explosives classified. 
  (a) For the purposes of this section, and the rules adopted 
 pursuant thereto, the term blasting agent means any material or 
 mixture, consisting of a fuel and oxidizer, intended for 
 blasting, not otherwise classified as an explosive and in which 
 none of the ingredients is classified as an explosive, providing 
 that the finished product, as mixed and packaged for use or 
 shipment, cannot be detonated by means of a number 8 test 
 blasting cap when unconfined.  The term blasting agent does not 
 include flammable liquids or flammable gases. 

    (b) For the purposes of this section, and the rules adopted 
 pursuant thereto, explosives are divided into three classes and 
 are defined as follows: 

    (1) class A explosives:  possessing detonating or otherwise 
 maximum hazard, such as dynamite, nitroglycerin, picric acid, 
 lead azide, fulminate of mercury, blasting caps, and detonating 
 primers; 

    (2) class B explosives:  possessing flammable hazard, such 
 as propellant explosives (including some smokeless powders), 
 black powder, photographic flash powders, and some special 
 fireworks; 

    (3) class C explosives:  includes certain types of 
 manufactured articles which contain class A, or class B 
 explosives, or both, as components but in restricted quantities. 

 The term explosive or explosives means any chemical compound, 
 mixture or device, the primary or common purpose of which is to 
 function by explosion; that is, with substantially instantaneous 
 release of gas and heat, unless such compound, mixture, or 
 device is otherwise specifically classified by the United States 
 Department of Transportation.  The term explosives includes all 
 material which is classified as class A, class B, and class C 
 explosives by the United States Department of Transportation, 
 and includes, but is not limited to dynamite, black powder, 
 pellet powder, initiating explosives, blasting caps, electric 
 blasting caps, safety fuse, fuse lighters, fuse igniters, 
 squibs, cordeau detonate fuse, instantaneous fuse, igniter cord, 
 igniters, and some special fireworks.  Commercial explosives are 
 those explosives which are intended to be used in commercial or 
 industrial operation.  The term explosives does not include 
 flammable liquids or flammable gases. 

    Subd. 3.    Applicability to ordinances.  No local 
 government shall enact any regulation or ordinance which is 
 inconsistent with the rules adopted by the commissioner of 
 public safety pursuant to this section.  Nothing in this section 
 shall be construed to affect the power of any local government, 
 when so authorized by law, to regulate the use of land by 
 zoning.  Any city in which there is no comprehensive zoning 
 ordinance in effect may prohibit the installation or erection of 
 flammable liquid bulk plants within areas which are 
 predominantly residential or in areas used predominantly for 
 retail mercantile purposes.  Any city may prescribe routes for 
 the transportation of flammable liquids through such city by 
 motor vehicle transport. 

    Subd. 4.    Local authority.  The fire marshal of each 
 city of the first class, the chief of the fire department of 
 each other city in which a fire department is established, the 
 mayor of each city in which no fire department exists, the 
 president of the statutory city board of each statutory city in 
 which no fire department exists, and the town clerk of each town 
 without the limits of any city shall enforce within their 
 respective jurisdictions all rules adopted pursuant to this 
 section and shall render such other assistance as may be 
 requested. 

    Subd. 5.    Misdemeanor.  Any violation of a rule shall 
 constitute a misdemeanor. 

    Subd. 6.    Procedure for adopting rules.  The code and 
 all amendments thereto shall be adopted in accordance with the 
 procedures of the Administrative Procedure Act.  

    HIST: 1949 c 292 s 2; 1957 c 424 s 1-3; 1963 c 437 s 1-4; 1973 
 c 123 art 5 s 7; 1981 c 106 s 4; 1981 c 253 s 31; 1Sp1981 c 4 
 art 1 s 156; 1984 c 520 s 24,25 

FAILURE TO PERFORM DUTY; PENALTY

     299F.20 Failure to comply, punishment. 

    Any officer referred to in section 299F.04 who neglects to 
 comply with any of the requirements of this chapter is guilty of 
 a misdemeanor. 

    HIST: (5970) 1913 c 564 s 20; 1981 c 106 s 5 

  299F.21 Repealed, 2000 c 394 art 2 s 28 

  299F.22 Repealed, 2000 c 394 art 2 s 28 

  299F.23 Repealed, 2000 c 394 art 2 s 28 

  299F.24 Repealed, 2000 c 394 art 2 s 28 

  299F.25 Repealed, 2000 c 394 art 2 s 28 

  299F.26 Repealed, 2000 c 394 art 2 s 28 

  299F.27 Repealed, 1981 c 106 s 16 

OTHER PROVISIONS

     299F.28 Records are public, exceptions.  

    All records on file in the state fire marshal's office 
 shall be public, except any testimony, correspondence, or other 
 matter taken in an investigation under the provisions of this 
 chapter, which the state fire marshal may withhold from the 
 public. 

    HIST: (5976) 1913 c 564 s 26; 1986 c 444 

     299F.29 County and city attorneys to assist. 

    The county and city attorneys of any political subdivision, 
 upon request of the state fire marshal, deputies or assistants, 
 shall assist such officers upon an investigation of any fire, 
 which in their opinion is of suspicious origin. 

    HIST: (5977) 1913 c 564 s 27; 1981 c 106 s 11; 1986 c 444 

     299F.30 Fire drill in school; doors and exits. 

    Subdivision 1.    Duties of fire marshal.  It shall be 
 the duty of the state fire marshal, deputies and assistants, to 
 require public and private schools and educational institutions 
 to have at least nine fire drills each school year and to keep 
 all doors and exits unlocked from the inside of the building 
 during school hours.  

    Subd. 2.    Fire drill.  Each superintendent, principal 
 or other person in charge of a public or private school, 
 educational institution, children's home or orphanage housing 20 
 or more students or other persons, shall instruct and train such 
 students or other persons to quickly and expeditiously quit the 
 premises in case of fire or other emergency by means of drills 
 or rapid dismissals at least once each month while such school, 
 institution, home or orphanage is in operation. Records of such 
 drills shall be posted so that such records are available for 
 review by the state fire marshal at all times and shall include 
 the drill date and the time required to evacuate the building.  

    Subd. 3.    School doors and exits.  Each 
 superintendent, principal or other person in charge of a public 
 or private school, educational institution, children's home or 
 orphanage shall keep all doors and exits of such school, 
 institution, home or orphanage unlocked so that persons can 
 leave by such doors or exits at any time during the hours of 
 normal operation.  

    HIST: (5978) 1913 c 564 s 28; 1971 c 516 s 1; 1973 c 11 s 1; 
 1986 c 444 

     299F.31 Penalties paid into state treasury. 

    All penalties, fees, or forfeitures collected under the 
 provisions of this chapter shall be paid into the state treasury.

    HIST: (5979) 1913 c 564 s 29; 1981 c 106 s 12 

     299F.32 Statutory construction.  

    It is hereby declared that this chapter is necessary for 
 the public safety, health, peace, and welfare, is remedial in 
 nature, and shall be construed liberally and this chapter shall 
 not be declared unconstitutional and void for the reason that 
 any section or provision thereof may be in contravention of the 
 Constitution.  

    HIST: (5980) 1913 c 564 s 30 

  299F.33 Repealed, 1978 c 777 s 20 

  299F.34 Repealed, 1990 c 388 s 3 

     299F.35 Statement of insured, use in civil action.  

    No statement or admission of assured in any fire insurance 
 policy given to the fire marshal's office in any investigation 
 or proceeding had by that office shall be used in any civil 
 action based upon such policy of insurance.  

    HIST: (5983) 1913 c 564 s 33 

  299F.36 Repealed, 1990 c 388 s 3 

FIRE PROTECTION

     299F.361 Fire extinguisher; multiple unit residential 
  building. 

    Subdivision 1.    Standards.  There shall be provided 
 and installed in each apartment of a multiple unit residence 
 building containing four or more apartments, at least one fire 
 extinguisher complying with the standards prescribed by the 
 State Fire Code and with a rating of not less than 1A-10BC, as 
 defined by the National Fire Protection Pamphlet No. 10, or 
 there shall be provided and installed within 50 feet of each 
 apartment entrance at least one fire extinguisher complying with 
 the standards prescribed by the State Fire Code and with a 
 rating of not less than 2A-10BC as defined by the National Fire 
 Protection Pamphlet No. 10. 

    Subd. 2.    Compliance.  Owners of multiple unit 
 residence buildings heretofore constructed shall have 180 days 
 to comply with the provisions of subdivision 1, except that 
 those multiple unit residence buildings providing 2A type fire 
 extinguishers and meeting the standards prescribed by the 
 National Fire Protection Pamphlet No. 10 shall have three years 
 to comply with the provisions of subdivision 1.  

    Subd. 3.    Authority of local government.  Nothing in 
 this section shall prohibit a local unit of government from 
 adopting standards more stringent than those provided in 
 subdivision 1.  

    HIST: 1974 c 63 s 1-3; 1991 c 199 art 2 s 23 

     299F.362 Smoke detector; installation; rules; penalty. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the following definitions shall apply: 

    (a) "Apartment house" is any building, or portion thereof, 
 which is designed, built, rented, leased, let, or hired out to 
 be occupied, or which is occupied as the home or residence of 
 three or more families living independently of each other and 
 doing their own cooking in the building, and shall include 
 buildings containing three or more flats or apartments. 

    (b) "Dwelling" is any building, or any portion thereof, 
 which is not an apartment house, lodging house, or a hotel and 
 which contains one or two "dwelling units" which are, or are 
 intended or designed to be, occupied for living purposes. 

    (c) "Dwelling unit" is a single unit providing complete, 
 independent living facilities for one or more persons including 
 permanent provisions for living, sleeping, eating, cooking, and 
 sanitation, or a single unit used by one or more persons for 
 sleeping and sanitation pursuant to a work practice or labor 
 agreement. 

    (d) "Hotel" is any building, or portion thereof, containing 
 six or more guest rooms intended or designed to be used, or 
 which are used, rented, or hired out to be occupied, or which 
 are occupied for sleeping purposes by guests. 

    (e) "Lodging house" is any building, or portion thereof, 
 containing not more than five guest rooms which are used or are 
 intended to be used for sleeping purposes by guests and where 
 rent is paid in money, goods, labor, or otherwise. 

    Subd. 2.    Rules, smoke detector location.  The 
 commissioner of public safety shall promulgate rules concerning 
 the placement of smoke detectors in dwellings, apartment houses, 
 hotels, and lodging houses.  The rules shall take into account 
 designs of the guest rooms or dwelling units. 

    Subd. 3.    Smoke detector for any dwelling.  Every 
 dwelling unit within a dwelling shall be provided with a smoke 
 detector meeting the requirements of Underwriters Laboratories, 
 Inc., or approved by the International Conference of Building 
 Officials.  The detector shall be mounted in accordance with the 
 rules regarding smoke detector location promulgated under the 
 provisions of subdivision 2.  When actuated, the detector shall 
 provide an alarm in the dwelling unit. 

    Subd. 3a.    Smoke detector for new dwelling.  In 
 construction of a new dwelling, each smoke detector must be 
 attached to a centralized power source.  

    Subd. 4.    Smoke detector for apartment, lodging house, 
 or hotel.  Every dwelling unit within an apartment house and 
 every guest room in a lodging house or hotel used for sleeping 
 purposes shall be provided with a smoke detector conforming to 
 the requirements of Underwriters Laboratories, Inc., or approved 
 by the International Conference of Building Officials.  In 
 dwelling units, detectors shall be mounted in accordance with 
 the rules regarding smoke detector location promulgated under 
 the provisions of subdivision 2.  When actuated, the detector 
 shall provide an alarm in the dwelling unit or guest room. 

    Subd. 5.    Maintenance responsibilities.  For all 
 occupancies covered by this section where the occupant is not 
 the owner of the dwelling unit or the guest room, the owner is 
 responsible for maintenance of the smoke detectors.  An owner 
 may file inspection and maintenance reports with the local fire 
 marshal for establishing evidence of inspection and maintenance 
 of smoke detectors. 

    Subd. 5a.    Inform owner; no added liability.  The 
 occupant of a dwelling unit must inform the owner of the 
 dwelling unit of a nonfunctioning smoke detector within 24 hours 
 of discovering that the smoke detector in the dwelling unit is 
 not functioning.  If the occupant fails to inform the owner 
 under this subdivision, the occupant's liability for damages is 
 not greater than it otherwise would be. 

    Subd. 6.    Penalties.  (a) Any person who violates any 
 provision of this section shall be subject to the same penalty 
 and the enforcement mechanism that is provided for violation of 
 the Uniform Fire Code, as specified in section 299F.011, 
 subdivision 6. 

    (b) An occupant who willfully disables a smoke detector or 
 causes it to be nonfunctioning, resulting in damage or injury to 
 persons or property, is guilty of a misdemeanor. 

    Subd. 7.    Local government preempted.  This section 
 prohibits a local unit of government from adopting standards 
 different from those provided in this section. 

    Subd. 8. Repealed, 1991 c 199 art 1 s 67 

    Subd. 9.    Local government ordinance; installation in 
 single-family residence.  Notwithstanding subdivision 7, or 
 other law, a local governing body may adopt, by ordinance, rules 
 for the installation of a smoke detector in single-family homes 
 in the city that are more restrictive than the standards 
 provided by this section.  Rules adopted pursuant to this 
 subdivision may be enforced through a truth-in-housing 
 inspection.  

    Subd. 10.  MS 1988 Repealed, 1989 c 322 s 5 

    Subd. 10.    Public fire safety educator.  The position 
 of Minnesota public fire safety educator is established in the 
 Department of Public Safety. 

    Subd. 11.    Insurance claim.  No insurer shall deny a 
 claim for loss or damage by fire for failure of a person to 
 comply with this section. 

    HIST: 1977 c 333 s 2; 1978 c 777 s 7; 1987 c 122 s 1; 1987 c 
 201 s 4-6; 1989 c 322 s 1-5,7; 1991 c 233 s 110; 1993 c 329 s 
 1,2 

     299F.37 Uniform fire hose threads and fittings.  

    All fire hose fittings, apparatus fittings, 1-1/2 and 2-1/2 
 inches in diameter, purchased or procured after January 1, 1970, 
 by fire departments operating in Minnesota, shall be of the 
 national standard hose thread as adopted by the National Fire 
 Protection Association.  Any person selling nonstandard hose 
 couplings, fittings, or apparatus fittings, 1-1/2 and 2-1/2 
 inches in diameter, for fire department use in Minnesota, after 
 January 1, 1970, shall be guilty of a misdemeanor.  

    HIST: 1969 c 286 s 1 

  299F.38 Repealed, 1990 c 388 s 3 

    299F.39 Subdivision 1.  Repealed, 1978 c 777 s 20 

    Subd. 2.  MS 1969 Repealed, Ex1971 c 3 s 78 subd 2 

    Subd. 2.  MS 1976 Repealed, 1978 c 777 s 20 

    Subd. 3.  Repealed, 1978 c 777 s 20 

    Subd. 4.  Repealed, 1978 c 777 s 20 

     299F.391 Health care, education, or lodging facility. 

    Subdivision 1.    Definitions.  For purposes of this 
 section the following definitions shall apply: 

    (a) "Lodging house" means any building or portion thereof 
 containing not more than five guest rooms which are used or 
 intended to be used for sleeping purposes by guests and where 
 rent is paid in money, goods, labor or otherwise. 

    (b) "Hospital" has the meaning given it in section 144.50. 

    (c) "Hotel" means any building or portion thereof 
 containing six or more guest rooms intended or designed to be 
 used, or which are used, rented, hired out to be occupied, or 
 which are occupied for sleeping purposes by guests, and which is 
 required to be licensed pursuant to chapter 157. 

    (d) "Nursing home" has the meaning given it in section 
 144A.01. 

    (e) "School" means any public or private school or 
 educational institution. 

    Subd. 2.    Requirements.  All hospitals, nursing 
 homes, schools, lodging houses and hotels shall be operated and 
 maintained in compliance with the Uniform Fire Code as 
 promulgated pursuant to section 299F.011. 

    Subd. 3.    Local ordinance.  Nothing in this section 
 shall be construed to prohibit a local unit of government 
 otherwise authorized by law, from enforcing or adopting 
 ordinances or regulations with standards equal to, in addition 
 to, or more stringent than the requirements of the Uniform Fire 
 Code.  Any ordinance or regulation adopted by a local unit which 
 differs from the Uniform Fire Code must be directly related to 
 the safeguarding of life and property from the hazards of fire, 
 uniform for each class or kind of building covered, and may not 
 exceed the applicable requirements of the Uniform Building Code 
 adopted pursuant to sections 16B.59 to 16B.73. 

    Subd. 4.    Penalty.  A person who violates a provision 
 of this section shall be penalized as set forth in section 
 299F.011, subdivision 6. 

    HIST: 1978 c 777 s 8; 1981 c 106 s 14; 1984 c 544 s 89 

     299F.40 Liquefied petroleum or industrial gas container. 

    Subdivision 1.    Public policy.  It is the intent of 
 the Minnesota legislature to protect the public welfare and 
 promote safety in the filling and use of pressure vessels 
 containing liquefied petroleum or industrial gases through 
 implementing the regulations of the Interstate Commerce 
 Commission or successor agency, within the state of Minnesota, 
 the rules of the Minnesota state fire marshal, and the national 
 standards of safety on the filling of these containers.  It is 
 deemed necessary to insure that containers properly constructed 
 and tested be used and that only liquefied petroleum or 
 industrial gases of suitable and safe vapor pressure be placed 
 in these containers.  To attain this end the filling or 
 refilling of liquefied petroleum and industrial gas containers 
 by other than the owner or authorized person must be controlled 
 and specific authority to prevent violation and encourage 
 enforcement be established. 

    Subd. 2.    Definitions.  (a) The term "person" shall 
 mean and include any person, persons, firm, firms, corporation 
 or corporations. 

    (b) The term "owner" shall mean and include (1) any person 
 who holds a written bill of sale or other instrument under which 
 title to the container was transferred to such person, (2) any 
 person who holds a paid or receipted invoice showing purchase 
 and payment of the container, (3) any person whose name, 
 initials, mark, or other identifying device has been plainly and 
 legibly stamped or otherwise shown upon the surface of the 
 container for a period of not less than one year prior to the 
 final enactment and approval of this section, or (4) any 
 manufacturer of a container who has not sold or transferred 
 ownership thereof by written bill of sale or otherwise; 

    (c) The term "liquefied petroleum gas" as used in this 
 section shall mean and include any material which is composed 
 predominantly of any of the following hydrocarbons or mixtures 
 of the same:  propane, propylene, butanes (normal butane and 
 iso-butane), and butylenes; 

    (d) The term "industrial gas" as used in this section shall 
 mean and include any material which is composed exclusively of 
 any of the following gases or mixtures of them:  oxygen, 
 acetylene, nitrogen, argon and carbon dioxide. 

    Subd. 3.    Container identification; unlawful acts.  
 If a liquefied petroleum or industrial gas container shall bear 
 upon the surface thereof in plainly legible characters the name, 
 mark, initials or other identifying device of the owner thereof, 
 it shall be unlawful for any person except the owner or a person 
 authorized in writing by the owner: 

    (1) to fill or refill such container with liquefied 
 petroleum or industrial gas or any other gas or compound; 

    (2) to buy, sell, offer for sale, give, take, loan, deliver 
 or permit to be delivered, or otherwise use, dispose of, or 
 traffic in any such container; or 

    (3) to deface, erase, obliterate, cover up or otherwise 
 remove or conceal or change any name, mark, initials or other 
 identifying device of the owner or to place the name, mark, 
 initials or other identifying device of any person other than 
 the owner on the container. 

    Subd. 4.    Presumptive evidence of unlawful use of 
 container.  The use of a liquefied petroleum or industrial 
 gas container or containers by any person other than the person 
 whose name, mark, initial or device shall be or shall have been 
 upon the liquefied petroleum or industrial gas container or 
 containers, without written consent or purchase of the marked 
 and distinguished liquefied petroleum or industrial gas 
 container, for the sale of liquefied petroleum or industrial gas 
 or filling or refilling with liquefied petroleum or industrial 
 gas, or the possession of liquefied petroleum or industrial gas 
 containers by any person other than the person whose name, mark, 
 initial or other device is thereon, without the written consent 
 of the owner, shall and is hereby declared to be presumptive 
 evidence of the unlawful use, filling or refilling, transition 
 of, or trafficking in liquefied petroleum or industrial gas 
 containers. 

    Subd. 5.    Violation, search warrant.  Whenever any 
 person or officer of any corporation mentioned in this section, 
 or the person's or officer's duly authorized agent who has 
 personal knowledge of the facts, makes an oath in writing before 
 any judge, that the party making affidavit has reason to and 
 does believe that any of the person's or the corporation's 
 liquefied petroleum or industrial gas containers marked with the 
 name, initials, mark or other device of the owner, are in the 
 possession of or being used, filled, refilled, or transferred by 
 any person whose name, initials, mark or other device does not 
 appear on the containers, and who is in the possession of, 
 filling or refilling, or using the containers without the 
 written consent of the owner of the name, initials or trade 
 mark, the judge may, when satisfied that there is reasonable 
 cause, issue a search warrant and cause the premises designated 
 to be searched for the purpose of discovering and obtaining the 
 containers.  The judge may also order the person in whose 
 possession the containers are found to appear, and inquire into 
 the circumstances of the possession.  If the judge finds that 
 the person has been guilty of a violation of this section, the 
 judge shall impose the punishment prescribed, and award the 
 property taken upon the search warrant to its owner. 

    Subd. 6.    Misdemeanor.  Any person who shall fail to 
 comply with any of the foregoing provisions of this section 
 shall be deemed guilty of a misdemeanor for each separate 
 offense. 

    HIST: 1957 c 768 s 1-6; 1977 c 152 s 1; 1983 c 359 s 25; 1986 
 c 444; 2003 c 2 art 4 s 17 

  299F.41 Repealed, 1978 c 751 s 4 

  299F.42 Repealed, 1978 c 751 s 4 

  299F.43 Repealed, 1978 c 751 s 4 

  299F.44 Repealed, 1978 c 751 s 4 

  299F.45 Repealed, 1978 c 751 s 4 

     299F.451 Fire alarm system; definitions. 

    Subdivision 1.    Scope.  Except where the context 
 requires otherwise, the terms defined in subdivisions 2 and 3 
 have the meanings given them.  

    Subd. 2.    Educational facility.  "Educational 
 facility" means a building used for the gathering of groups of 
 six or more persons for purposes of instruction, including 
 schools, day care facilities, kindergartens, academies, 
 colleges, and universities. 

    Subd. 3.    Malicious false fire alarm.  "Malicious 
 false fire alarm" means an intentional activation of a fire 
 alarm system for mischievous purposes with the foreknowledge 
 that no fire, hazard, or other appropriate threat exists. 

    HIST: 1976 c 15 s 1; 1991 c 199 art 1 s 68 

     299F.452 Reporting malicious false fire alarm. 

    The principal, headmaster, administrator, or supervisor of 
 an educational facility shall report all malicious false fire 
 alarms and the circumstances surrounding the incident to the 
 local fire service. 

    HIST: 1976 c 15 s 2 

  299F.453 Repealed, 1990 c 388 s 3 

  299F.454 Repealed, 1990 c 388 s 3 

     299F.46 Hotel inspections. 

    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 Minnesota State 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. 

    Subd. 3.    Inspection fees.  (a) For each hotel 
 required to have a fire inspection according to subdivision 1, 
 the commissioner of public safety may charge each hotel a 
 triennial inspection fee of $435 and a per-room charge of $5 for 
 one to 18 units, $6 for 19 to 35 units, $7 for 36 to 100 units, 
 and $8 for 100 or more units.  The fee includes one follow-up 
 inspection.  The commissioner shall charge each resort a 
 triennial inspection fee of $435 and a per room charge of $5 for 
 one to ten units, $6 for 11 to 25 units, and $7 for 26 or more 
 units.  

 The commissioner shall charge a fee of $225 for each additional 
 follow-up inspection for hotels and resorts, conducted in each 
 three-year cycle that is necessary to bring the hotel or resort 
 into compliance with the State Fire Code. 

    (b) Nothing in this subdivision prevents the designated 
 agent from continuing to charge an inspection fee or from 
 establishing a new inspection fee. 

    (c) Hotels and motels with fewer than 35 rooms and resorts 
 classified as 1c under section 273.13 are exempt from the fee 
 requirements of this subdivision. 

    Subd. 4.    Special account; appropriation.  Money 
 received by the State Fire Marshal Division for this program 
 must be deposited in the state treasury and credited to a state 
 fire marshal hotel inspection dedicated account in the special 
 revenue fund.  All money in the state fire marshal hotel 
 inspection dedicated account is annually appropriated to the 
 commissioner of public safety to operate and administer this 
 program. 

    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; 1Sp2003 c 2 art 4 s 10-12 

     299F.47 School inspections. 

    Subdivision 1.    Public school inspections; fees.  The 
 state fire marshal shall develop a plan to inspect once every 
 three years every public school facility used for educational 
 purposes.  The state fire marshal shall charge school districts 
 $0.014 per square foot for each school building inspected.  
 These rates shall include two follow-up inspections or on-site 
 consultations.  If additional follow-up inspections or 
 consultations are needed, the state fire marshal shall charge 
 $0.005 per square foot for each additional follow-up inspection 
 to each applicable building in which a follow-up inspection is 
 needed. 

    Subd. 2.    Charter school inspections; fees.  The state 
 fire marshal shall charge charter schools $100 for each school 
 building inspected.  This rate shall include two follow-up 
 inspections or on-site consultations.  If additional follow-up 
 inspections or consultations are needed, the state fire marshal 
 shall charge $50 for each additional follow-up inspection to 
 each applicable building in which a follow-up inspection is 
 needed. 

    Subd. 3.    Special account; appropriation.  Money 
 received by the State Fire Marshal Division for this program 
 must be deposited in the state treasury and credited to a state 
 fire marshal school inspection dedicated account in the special 
 revenue fund.  All money in the state fire marshal school 
 inspection account is annually appropriated to the commissioner 
 of public safety for purposes of operating and administering 
 this program. 

    Subd. 4.    Local inspections.  If inspections of public 
 school buildings and charter schools were conducted by local 
 units of government between January 1, 1987, and January 1, 
 1990, then inspections may continue to be provided by the local 
 unit of government. 

    Subd. 5.    Variance.  Notwithstanding section 299F.011, 
 subdivisions 5a and 5b, a variance from the code must be 
 approved by the state fire marshal before taking effect. 

    HIST: 1Sp2003 c 2 art 4 s 13 

  299F.55 Repealed, 1976 c 331 s 44 

INTRASTATE PIPELINE SAFETY

     299F.56 Definitions; natural gas pipeline safety. 

    Subdivision 1.    Scope.  As used in sections 299F.56 to 
 299F.641, the terms defined in this section shall have the 
 meanings given them. 

    Subd. 2.  Renumbered subd 9 

    Subd. 2a.  Renumbered subd 8 

    Subd. 3.  Renumbered subd 15 

    Subd. 4.  Renumbered subd 10 

    Subd. 4a.  Renumbered subd 12 

    Subd. 4b.  Renumbered subd 14 

    Subd. 5.  Renumbered subd 16 

    Subd. 6.  Renumbered subd 11 

    Subd. 6a.  Renumbered subd 13 

    Subd. 7.    Commissioner.  "Commissioner" means the 
 commissioner of public safety, acting through the director of 
 pipeline safety. 

    Subd. 8.    Federal Hazardous Liquid Pipeline Safety Act. 
  The federal "Hazardous Liquid Pipeline Safety Act" means 
 United States Code, title 49, sections 2001 to 2014. 

    Subd. 9.    Federal Natural Gas Pipeline Safety Act.  
 The federal "Natural Gas Pipeline Safety Act" means United 
 States Code, title 49, sections 1671 to 1686. 

    Subd. 10.    Gas.  "Gas" means natural gas, liquefied 
 natural gas, flammable gas, or gas which is toxic or corrosive.  
 "Gas" also includes liquefied petroleum gas in distribution 
 systems.  

    Subd. 11.    Gas pipeline facilities.  "Gas pipeline 
 facilities" includes, without limitation, new and existing pipe, 
 rights-of-way, and any equipment, facility, or building used in 
 the transportation of gas or the treatment of gas during the 
 course of transportation. "Pipeline facilities" shall not 
 include any facilities subject to the jurisdiction of the 
 Federal Energy Regulatory Commission under the Natural Gas Act 
 of the United States. 

    Subd. 12.    Hazardous liquid.  "Hazardous liquid" means 
 "hazardous liquid" and "highly volatile liquid" as defined in 
 Code of Federal Regulations, title 49, section 195.2. 

    Subd. 13.    Hazardous liquid pipeline facilities.  
 "Hazardous liquid pipeline facilities" includes, without 
 limitation, new and existing pipe, rights-of-way, and any 
 equipment, facility, or building used or intended for use in the 
 transportation of hazardous liquids including transportation by 
 gravity or at a stress level of 20 percent or less of the 
 specified minimum yield strength of the pipe. 

    Subd. 14.    Liquefied natural gas.  "Liquefied natural 
 gas" means natural gas or synthetic gas having methane (CH4) as 
 its major constituent that has been changed to a liquid or 
 semisolid.  

    Subd. 15.    Person.  "Person" means any individual, 
 firm, joint venture, partnership, corporation, association, 
 municipality, cooperative association or joint stock 
 association, and includes any trustee, receiver, assignee, or 
 personal representative thereof.  

    Subd. 16.    Transportation.  "Transportation" means the 
 gathering, transmission, or distribution of gas or hazardous 
 liquid by pipeline or its storage; except that it shall not 
 include any such transportation of gas or hazardous liquid which 
 is subject to the jurisdiction of the Federal Energy Regulatory 
 Commission under the Natural Gas Act of the United States and 
 the federal Hazardous Liquid Pipeline Safety Act, or the 
 gathering of gas or hazardous liquid in those rural locations 
 which lie outside the limits of any incorporated or 
 unincorporated city, town, or any other designated residential 
 or commercial area such as a subdivision, a business or shopping 
 center, a community development or any similar populated area 
 which the Office of Pipeline Safety may define as a nonrural 
 area.  

    HIST: 1969 c 988 s 1; 1973 c 123 art 5 s 7; 1975 c 31 s 1; 
 1987 c 353 s 14; 1988 c 624 s 3-10; 1989 c 244 s 8,9 

     299F.57 Safety standards; gas pipeline. 

    Subdivision 1.    Rules.  (a) The commissioner may by 
 rule establish additional or more stringent safety standards for 
 the transportation of gas and gas pipeline facilities.  Such 
 standards may apply to the design, installation, inspection, 
 testing, construction, extension, operation, replacement, and 
 maintenance of gas pipeline facilities.  These standards may 
 include a requirement that individuals responsible for the 
 operation and maintenance of gas pipeline facilities be tested 
 for qualifications and certified to perform these functions.  
 The standards may not prescribe the location or routing of a 
 pipeline facility.  Standards affecting the design, 
 installation, construction, initial inspection, and initial 
 testing shall not be applicable to pipeline facilities in 
 existence on the date such standards are adopted.  Such safety 
 standards shall be practicable and designed to meet the need for 
 pipeline safety. 

    (b) In prescribing such standards, the commissioner shall 
 consider: 

    (1) relevant available pipeline safety data; 

    (2) whether such standards are appropriate for the 
 particular type of pipeline transportation; 

    (3) the reasonableness of any proposed standards; 

    (4) the extent to which any such standards will contribute 
 to public safety; and 

    (5) the existing standards established by the Secretary of 
 Transportation of the United States pursuant to the federal 
 Natural Gas Pipeline Safety Act.  

 Provided, however, that the commissioner shall not be empowered 
 to adopt any such standards as to the transportation of gas or 
 to pipeline facilities which are subject to the jurisdiction of 
 the Federal Energy Regulatory Commission under the Natural Gas 
 Act of the United States, except as provided in sections 299J.01 
 to 299J.17. 

    Subd. 1a.    Adoption of federal standards.  The federal 
 safety standards adopted as Code of Federal Regulations, title 
 49, parts 191, 192, 193, and 199, and standards that may be 
 adopted that amend parts 191, 192, 193, and 199, are adopted as 
 minimum safety standards. 

    Subd. 2. Repealed by amendment, 1989 c 244 s 10 

    Subd. 3.    Application of Administrative Procedure Act. 
  The rulemaking, contested case, and judicial review 
 provisions of chapter 14 shall apply to all rules and orders 
 establishing, amending, revoking, or waiving compliance with any 
 standard established under sections 299F.56 to 299F.641 or any 
 penalty imposed under sections 299F.56 to 299F.641.  The 
 commissioner shall afford interested persons an opportunity to 
 participate fully in the establishment of such safety standards 
 through submission of written data, views or arguments, with 
 opportunity to present oral testimony and argument.  

    Subd. 4.    Remedial power of commissioner.  The 
 commissioner, on finding a particular facility to be hazardous 
 to life or property, shall be empowered to require the person 
 operating such facility to take such steps necessary to remove 
 such hazards.  

    Subd. 5.    Waiver.  Upon application by any person 
 engaged in the transportation of gas or the operation of 
 pipeline facilities, the commissioner may, after notice and 
 opportunity for hearing and under such terms and conditions and 
 to such extent as the commissioner deems appropriate, waive in 
 whole or in part compliance with any standards established under 
 sections 299F.56 to 299F.64, on determining that a waiver of 
 compliance with such standard is not inconsistent with gas 
 pipeline safety.  The commissioner shall state the reasons for 
 any such waiver. 

    HIST: 1969 c 988 s 2; 1971 c 24 s 32; 1982 c 424 s 130; 1986 c 
 444; 1987 c 353 s 15; 1988 c 624 s 11,12; 1989 c 244 s 10; 1991 
 c 233 s 95 

     299F.58 Certification and report to federal government. 

    The commissioner is authorized to make certifications and 
 reports to the United States Secretary of Transportation as may 
 be required from time to time under the federal Natural Gas 
 Pipeline Safety Act.  

    HIST: 1969 c 988 s 3; 1987 c 353 s 16; 1988 c 624 s 13 

     299F.59 Compliance with standards. 

    Subdivision 1.    Duty to comply.  Each person who 
 engages in the transportation of gas or hazardous liquids or who 
 owns or operates gas or hazardous liquid pipeline facilities 
 shall: 

    (1) at all times after the date any applicable safety 
 standard established under sections 299F.56 to 299F.641 takes 
 effect comply with the requirements of such standard; 

    (2) file and comply with a plan for operation and 
 maintenance required by sections 299F.56 to 299F.641; 

    (3) permit access to or copying of records, and make 
 reports or provide information, and permit entry or inspection, 
 as required by sections 299F.56 to 299F.641 and the standards 
 adopted or orders issued under sections 299F.56 to 299F.641; and 

    (4) comply with sections 216D.01 to 216D.07, the one call 
 excavation notice system.  

    Subd. 2.    Application to other law; liability.  
 Nothing in sections 299F.56 to 299F.641 shall affect the common 
 law or statutory tort liability of any person. 

    HIST: 1969 c 988 s 4; 1988 c 624 s 14; 1989 c 244 s 11 

     299F.60 Pipeline violation; rules, civil penalties. 

    Subdivision 1.    Money penalty.  Any person who 
 violates any provision of sections 299F.56 to 299F.641, or any 
 rule issued thereunder, shall be subject to a civil penalty to 
 be imposed by the commissioner not to exceed $10,000 for each 
 such violation for each day that such violation persists, except 
 that the maximum civil penalty shall not exceed $500,000 for any 
 related series of violations.  

    Subd. 2.    Compromise settlement.  The commissioner may 
 negotiate a compromise settlement of a civil penalty.  In 
 determining the amount of such penalty, or the amount of the 
 compromise settlement, the commissioner shall consider the 
 appropriateness of such penalty to the size of the business of 
 the person charged, the gravity of the violation, and the good 
 faith of the person charged in attempting to achieve compliance, 
 after notification of a violation.  The contested case and 
 judicial review provisions of chapter 14 shall apply to all 
 orders of the commissioner imposing any penalty for violations 
 of sections 299F.56 to 299F.641 or any rule promulgated 
 thereunder.  The amount of such penalty, when finally 
 determined, may be deducted from any sums owing by the state of 
 Minnesota to the person charged.  

    Subd. 3.    Multiple liability for same violation.  No 
 person shall be subjected to civil penalties under both sections 
 299F.56 to 299F.641 and under the federal Natural Gas Pipeline 
 Safety Act or the federal Hazardous Liquid Pipeline Safety Act, 
 for conduct which may give rise to a violation of both acts.  

    Subd. 4.    Penalties paid into account.  All penalties 
 collected under sections 299F.56 to 299F.641 shall be paid over 
 to the commissioner of finance for deposit in the state treasury 
 to the credit of the pipeline safety account. 

    Subd. 5.    Rules.  The commissioner shall adopt rules 
 establishing reasonable guidelines for imposing penalties.  The 
 rules must treat separately and distinguish between violations 
 that relate to hazardous liquid pipelines, gas pipelines, and 
 other pipelines; must provide for notice that a penalty is 
 assessed; and may exempt activities from penalties unless the 
 person has evidenced a course of action in disregard of this 
 chapter. 

    HIST: 1969 c 399 s 1; 1969 c 988 s 5; 1975 c 31 s 2,3; 1982 c 
 424 s 130; 1985 c 248 s 70; 1987 c 353 s 17; 1989 c 244 s 12; 
 2003 c 112 art 2 s 50 

     299F.61 Pipeline violation; injunctive relief, judicial 
  procedure. 

    Subdivision 1.    Authority.  The district courts of the 
 state of Minnesota shall have jurisdiction, subject to the 
 provisions of the statutes and the rules of practice and 
 procedure of the state of Minnesota relative to civil actions in 
 the district courts, to restrain violations of sections 299F.56 
 to 299F.641, including the restraint of transportation of gas or 
 hazardous liquid or the operation of a pipeline facility, or to 
 enforce standards established under sections 299F.56 to 299F.641 
 upon petition by the attorney general on behalf of the state of 
 Minnesota.  Whenever practicable, the commissioner shall give 
 notice to any person against whom an action for injunctive 
 relief is contemplated and afford the person an opportunity to 
 present views, and, except in the case of a knowing and willful 
 violation, shall afford the person reasonable opportunity to 
 achieve compliance.  However, the failure to give such notice 
 and afford such opportunity shall not preclude the granting of 
 appropriate relief.  

    Subd. 2.    Venue; service of process.  Actions under 
 sections 299F.56 to 299F.641 shall be brought in the district in 
 the state of Minnesota wherein the defendant's principal place 
 of business is located, and process in such cases may be served 
 in any other district in the state of Minnesota where the 
 defendant may be found or of which the defendant is an 
 inhabitant or transacts business.  

    HIST: 1969 c 988 s 6; 1986 c 444; 1987 c 353 s 18; 1989 c 244 
 s 13 

     299F.62 Plan to operate and maintain gas pipeline. 

    (a) Each person who engages in the transportation of gas or 
 who owns or operates gas pipeline facilities subject to sections 
 299F.56 to 299F.641 shall prepare, maintain, carry out, and file 
 with the commissioner a plan for operation and maintenance of 
 each such pipeline facility owned or operated by such person, 
 and any changes in such plan, in accordance with the rules 
 prescribed by the commissioner.  On finding that such plan is 
 inadequate to achieve safe operation, the commissioner shall, 
 after notice and opportunity for a hearing, require such plan to 
 be revised.  The plan required by the commissioner shall be 
 practicable and designed to meet the need for pipeline safety.  

    (b) In determining the adequacy of any such plan, the 
 commissioner shall consider the following: 

    (1) relevant available pipeline safety data; 

    (2) whether the plan is appropriate for the particular type 
 of pipeline transportation; 

    (3) the reasonableness of the plan; and 

    (4) the extent to which such plan will contribute to public 
 safety.  

    HIST: 1969 c 988 s 7; 1985 c 248 s 70; 1986 c 444; 1987 c 353 
 s 19; 1988 c 624 s 15; 1989 c 244 s 14 

     299F.63 Records, reports, inspections. 

    Subdivision 1.    Commissioner's duties and powers.  (a) 
 The commissioner may, to the extent necessary to carry out the 
 enforcement responsibilities of sections 299F.56 to 299F.641, 
 conduct investigations, make reports, issue subpoenas, require 
 the production of relevant documents and records, take 
 depositions, and conduct research, testing, development, 
 demonstration, and training activities. 

    (b) The commissioner may require each person who engages in 
 the transportation of gas or hazardous liquid or who owns or 
 operates pipeline facilities to establish and maintain records, 
 and to make reports and provide information to the 
 commissioner.  The records and other information must be made 
 available as the commissioner orders to enable the commissioner 
 to determine whether the person has acted or is acting in 
 compliance with sections 299F.56 to 299F.641 and the standards 
 adopted or orders issued under sections 299F.56 to 299F.641.  

    (c) Officers, employees, and agents authorized by the 
 commissioner, on presenting appropriate credentials to the 
 person in charge, may enter upon, inspect, and examine, at 
 reasonable times and in a reasonable manner, the records and 
 properties of a person subject to regulation under sections 
 299F.56 to 299F.641 to the extent the records and properties are 
 relevant to determine whether the person has acted or is acting 
 in compliance with those sections and the standards adopted 
 under those sections.  

    (d) An accident report made by an officer, employee, or 
 agent of the Office of Pipeline Safety is available for use in a 
 civil, criminal, or other judicial proceeding arising out of the 
 accident.  The officer, employee, or agent may be required to 
 testify in the proceedings as to the facts developed in the 
 investigation.  A report made available to the public need not 
 identify individuals.  Reports on research projects, 
 demonstration projects, and other related activities are public 
 information. 

    (e) All information reported to or otherwise obtained by 
 the commissioner under sections 299F.56 to 299F.641 that 
 contains or relates to a trade secret referred to in United 
 States Code, title 18, section 1905, is confidential for the 
 purpose of that section, and is private or nonpublic data as 
 defined in section 13.02.  However, the information may be 
 disclosed to other officers or employees authorized to enforce 
 sections 299F.56 to 299F.641.  Nothing in this section 
 authorizes the withholding of information by the commissioner 
 from a duly authorized committee of the legislature or the 
 United States Congress. 

    Subd. 2.    Inspection program.  The commissioner must 
 establish and implement an inspection program to enforce the 
 standards adopted under section 299F.57.  The program must be 
 established and implemented in a manner that complies with 
 requirements for state certification under United States Code, 
 title 49, section 1674.  In the course of the exercise of duties 
 and responsibilities under sections 299F.56 to 299F.641, the 
 commissioner shall wherever practicable employ a practice of 
 spot checking, with respect to persons subject to sections 
 299F.56 to 299F.641.  

    Subd. 3. Repealed by amendment, 1989 c 244 s 15 

    Subd. 4. Repealed, 1988 c 624 s 23 

    HIST: 1969 c 988 s 8; 1984 c 654 art 3 s 84; 1986 c 444; 1987 
 c 353 s 20; 1988 c 624 s 16; 1989 c 244 s 15 

     299F.631 Inspection fee; assessment, rules. 

    Subdivision 1.    Assessment and deposit of fee.  From 
 each pipeline operator subject to the intrastate pipeline 
 inspection authority under sections 299F.56 to 299F.641, the 
 commissioner shall assess and collect an inspection fee in an 
 amount calculated under subdivisions 2 and 4.  The assessment of 
 the inspection fee must be made no fewer than 30 days after the 
 end of the quarter.  If an operator does not pay the fee within 
 60 days after the assessment was mailed, the commissioner may 
 impose a delinquency fee of ten percent of the quarterly 
 inspection fee and interest at the rate of 15 percent per year 
 on the portion of the fee not paid.  Fees collected under this 
 section must be credited to the pipeline safety account.  

    Subd. 2.    Calculation of fee.  (a) For each quarter 
 that an inspection fee is to be assessed, the commissioner shall 
 calculate the total actual expenses and obligations incurred by 
 the Office of Pipeline Safety in implementing sections 299F.56 
 to 299F.641.  The calculation must not include: 

    (1) expenses that will be reimbursed by the federal 
 government; 

    (2) expenses attributable to follow-up inspections 
 necessitated by the failure of a pipeline facility to comply 
 with safety standards; 

    (3) expenses attributable to investigations of specific 
 pipeline facilities; 

    (4) expenses attributable to inspections of newly 
 constructed pipelines over 2,000 feet in length; 

    (5) expenses attributable to the inspection of facilities 
 carrying liquefied natural gas, and hazardous liquids; 

    (6) expenses attributable to the inspection of facilities 
 carrying liquefied petroleum gas, until the commissioner adopts 
 a rule providing for metered billing of these facilities; and 

    (7) expenses attributable to seeking and maintaining 
 federal interstate agent status. 

    (b) The commissioner shall assess each pipeline operator 
 for a pro rata share of the expenses and obligations calculated 
 under paragraph (a), based on the number of meters in service on 
 the preceding December 31. 

    (c) The expenses and obligations described in paragraph 
 (a), clauses (2), (3), (4), and (5), must be directly charged to 
 the appropriate pipeline operators on a quarterly basis.  The 
 expenses and obligations described in paragraph (a), clause (6), 
 must be directly charged to the appropriate pipeline operators 
 on a quarterly basis until the commissioner adopts a rule 
 providing for metered billing of facilities carrying liquefied 
 petroleum gas. 

    Subd. 3.    Rules.  The commissioner shall adopt rules 
 to implement this section. 

    Subd. 4.    Support costs.  The commissioner shall 
 calculate the general support costs of the Office of Pipeline 
 Safety for the preceding quarter, and add to the inspection fee 
 calculated under subdivision 2 the share of those costs that is 
 proportionate to the amount of time spent by the office in 
 implementing sections 299F.56 to 299F.641 with respect to that 
 type of pipeline facility. 

    HIST: 1988 c 624 s 17; 1989 c 244 s 16 

     299F.64 Federal money. 

    The commissioner may accept any and all money provided for 
 or made available to this state by the United States of America 
 or any department or agency thereof with respect to prescribing, 
 setting, and enforcing rules and safety standards for the 
 transportation of natural and other gas, and hazardous liquids, 
 by pipelines in accordance with the provisions of federal law 
 and any rules or regulations promulgated thereunder and the 
 commissioner is further authorized to do any and all things, not 
 contrary to the laws of this state, required of this state by 
 such federal law and the rules and regulations promulgated 
 thereunder in order to obtain such federal money. 

    HIST: 1969 c 988 s 9; 1985 c 248 s 70; 1987 c 353 s 21; 1988 c 
 624 s 18 

     299F.641 Intrastate hazardous liquid pipeline. 

    Subdivision 1.    Jurisdiction.  The commissioner has 
 regulatory jurisdiction over the safety standards and practices 
 of intrastate hazardous liquid pipeline facilities and the 
 transportation of hazardous liquids associated with those 
 facilities. 

    Subd. 2.    Federal standards adopted.  The federal 
 safety standards adopted as Code of Federal Regulations, title 
 49, parts 195 and 199, and standards that may be adopted that 
 amend parts 195 and 199, are adopted as minimum safety 
 standards.  The commissioner may by rule adopt additional or 
 more stringent safety standards for intrastate hazardous liquid 
 pipeline facilities and the transportation of hazardous liquids 
 associated with those facilities, if the state standards are 
 compatible with the federal standards.  The standards may not 
 prescribe the location or routing of a pipeline facility.  

    Subd. 3.    Enforcement through inspection program.  The 
 commissioner must establish and implement an inspection program 
 to enforce the standards adopted under subdivision 2.  The 
 program must be established and implemented in a manner that 
 complies with requirements for state certification under United 
 States Code, title 49, section 2004. 

    Subd. 4. Repealed by amendment, 1989 c 244 s 17 

    Subd. 5. Repealed by amendment, 1989 c 244 s 17 

    Subd. 5a.    Waiver.  On application of a person engaged 
 in the transportation of hazardous liquid or the operation of 
 hazardous liquid pipeline facilities, the commissioner may, 
 after notice and opportunity for hearing and under terms and 
 conditions and to the extent the commissioner considers 
 appropriate, waive in whole or in part compliance with standards 
 established under this section, on determining that a waiver of 
 compliance with a standard is consistent with hazardous liquid 
 pipeline safety.  The commissioner shall state the reason for a 
 waiver. 

    Subd. 6.    Operation and maintenance plan.  (a) Each 
 person who engages in the transportation of hazardous liquids or 
 who owns or operates hazardous liquid pipeline facilities must 
 prepare, maintain, and carry out a current written plan for 
 operation and maintenance of each facility used in that 
 transportation and owned or operated by that person as 
 prescribed by the commissioner.  The commissioner may, by 
 regulation, also require persons who engage in the 
 transportation of hazardous liquids or who own or operate 
 pipeline facilities subject to this section to file the plans 
 for approval.  A plan required by this subdivision must be 
 practicable, designed to meet the need for pipeline safety, and 
 available to the commissioner on request.  The plan must enhance 
 the commissioner's ability to discover a condition that causes a 
 significant change or restriction in the operation of the 
 pipeline facilities or constitutes a hazard to life or property. 

    (b) If the commissioner finds that a plan required under 
 this subdivision is inadequate to achieve safe operation of 
 pipeline facilities, the commissioner may, after notice and 
 opportunity for a hearing, require the plan to be revised.  In 
 determining the adequacy of a plan filed under this section, the 
 commissioner shall consider: 

    (1) relevant available pipeline safety data; 

    (2) whether the plan is appropriate for the particular type 
 of pipeline transportation or facility; 

    (3) the reasonableness of the plan; and 

    (4) the extent to which the plan will contribute to public 
 safety. 

    Subd. 7.    Annual certification report.  The 
 commissioner is authorized to make certifications and reports to 
 the United States Secretary of Transportation as may be required 
 from time to time under the federal Hazardous Liquid Pipeline 
 Safety Act. 

    Subd. 8.    Civil relief.  The safety standards adopted 
 under this section may be enforced as is provided for gas 
 pipeline facilities under sections 299F.60 and 299F.61, and 
 penalties collected must be paid to the commissioner for deposit 
 in the state treasury and credit to the pipeline safety account. 

    HIST: 1988 c 624 s 19; 1989 c 244 s 17; 1991 c 233 s 96 

CONTROLS OF EXPLOSIVES

  299F.71 Repealed, 1994 c 636 art 5 s 18 

     299F.72 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 299F.72 to 299F.831; 609.48, subdivision 4; 609.52, subdivision 
 3; 609.561; 609.562; 609.563; and 609.713, the terms defined in 
 this section have the meanings given them.  

    Subd. 1a.    Blasting agent.  "Blasting agent" means any 
 material or mixture (1) that consists of a fuel and oxidizer, 
 (2) that is intended for blasting, (3) that is not otherwise 
 classified as an explosive, (4) in which none of the ingredients 
 is classified as an explosive, and (5) when a finished product, 
 as mixed and packaged for use or shipment, that cannot be 
 detonated by means of a number eight test blasting cap when 
 unconfined.  The term does not include flammable liquids or 
 flammable gases.  

    Subd. 1b.    Crime of violence.  "Crime of violence" has 
 the meaning given in section 624.712, subdivision 5, and also 
 includes a domestic assault conviction when committed within the 
 last three years or while an order for protection is active 
 against the person, whichever period is longer. 

    Subd. 2.    Explosive.  "Explosive" means any chemical 
 compound, mixture, or device, the primary or common purpose of 
 which is to function by explosion; that is, with substantially 
 instantaneous release of gas and heat, unless the compound, 
 mixture, or device is otherwise specifically classified by the 
 United States Department of Transportation.  The term does not 
 mean or include black powder, smokeless powder, primers, and 
 fuses when used for antique or replica muzzleloading rifles, 
 pistols, muskets, shotguns, and cannons or when possessed or 
 used for rifle, pistol, and shotgun ammunition, nor does it 
 include fireworks as defined in section 624.20. 

    Subd. 3. Repealed, 1994 c 636 art 5 s 18 

    Subd. 4. Repealed, 1994 c 636 art 5 s 18 

    HIST: 1971 c 845 s 2; 1991 c 199 art 1 s 69; 1994 c 636 art 5 
 s 1-3; 1995 c 186 s 61 

     299F.73 License required. 

    Subdivision 1.    Manufacture, assembly, or storage.  No 
 person shall manufacture, assemble, warehouse or store 
 explosives or blasting agents for purposes of wholesale or 
 retail sale, or for any other purpose other than for ultimate 
 consumption without being licensed to do so by the commissioner 
 of public safety.  

    Subd. 2.    Application.  In order to obtain the license 
 herein required such person shall make application to the 
 commissioner of public safety.  The application shall be on 
 forms provided by the commissioner of public safety and shall 
 require such information as the commissioner deems necessary 
 including but not limited to the name, address, age, experience 
 and knowledge of the applicant in the use, handling, and storage 
 of explosives or blasting agents, and whether the applicant is a 
 person to whom no such license may be issued pursuant to section 
 299F.77.  The commissioner of public safety may refuse to issue 
 a license to any person who does not have sufficient knowledge 
 of the use, handling, or storage of explosives or blasting 
 agents to protect the public safety.  Any person aggrieved by 
 the denial of a license may request a hearing before the 
 commissioner of public safety.  The provisions of sections 14.57 
 to 14.69 shall apply to such hearing and subsequent proceedings, 
 if any.  

    HIST: 1971 c 845 s 3; 1975 c 77 s 1; 1982 c 424 s 130; 1986 c 
 444; 1987 c 384 art 2 s 1; 1994 c 636 art 5 s 4 

     299F.74 Permit required for possession or use. 

    No person shall possess explosives or blasting agents, 
 unless said person shall have obtained a valid license as 
 provided in section 299F.73, or unless said person shall have 
 obtained a valid permit for the use of explosives or blasting 
 agents as hereinafter provided.  The transportation of an 
 explosive or blasting agent by a common carrier for hire shall 
 not be deemed to be possession of an explosive or blasting agent 
 for purposes of this section.  

    HIST: 1971 c 845 s 4; 1986 c 444; 1994 c 636 art 5 s 5 

     299F.75 Permit application. 

    Subdivision 1.    Requirement.  Any person desiring to 
 possess explosives or blasting agents, other than a person 
 licensed as provided in section 299F.73, shall make application 
 for a permit for the use of explosives or blasting agents to the 
 appropriate local sheriff or chief of police of a statutory or 
 home rule charter city of the first, second or third class, or 
 such other person as is designated by the commissioner of public 
 safety, on a standardized form provided by the commissioner of 
 public safety. 

    Subd. 2.    Contents.  The application shall require the 
 applicant's name, address, purpose for acquiring explosives or 
 blasting agents, place of intended acquisition, quantity 
 required, place and time of intended use, place and means of 
 storage until such use and whether the applicant is a person to 
 whom no such permit may be issued pursuant to section 299F.77.  
 Issuing authorities may request a certificate from the applicant 
 regarding the applicant's knowledge in the use, handling, and 
 storage of explosives and blasting agents, and may refuse to 
 issue a permit to any person who does not have sufficient 
 knowledge to protect the public safety.  Any person aggrieved by 
 the denial of a permit may request a hearing before the 
 commissioner of public safety.  The provisions of sections 14.57 
 to 14.69 shall apply to such hearings and subsequent 
 proceedings, if any. 

    Subd. 3.    Notice.  Prior to the storage or use of 
 explosives or blasting agents, the applicant shall notify the 
 appropriate local fire official and law enforcement agency.  

    HIST: 1971 c 845 s 5; 1973 c 169 s 1; 1975 c 77 s 2; 1982 c 
 424 s 130; 1987 c 384 art 2 s 1; 1994 c 636 art 5 s 6 

     299F.76 Affirmation and identification; effective period.

    Subdivision 1.    Affirmation that information is true.  
 A license or an explosives use permit shall have printed thereon 
 a statement underlined that the applicant affirms under penalty 
 of perjury that the information provided thereon is true to the 
 best of the applicant's knowledge and belief.  No license or 
 permit shall be issued unless the applicant signs the 
 application.  

    Subd. 2.    Permit designation and identification; 
 effective period.  Each license or permit issued pursuant to 
 Laws 1971, chapter 845 shall be designated by number and shall 
 otherwise be sufficient to identify a licensee or permittee.  A 
 duplicate of the license or permit shall be retained by the 
 issuing authority.  A license or permit shall not be issued for 
 a period of time greater than one year, but may be issued for 
 shorter periods.  

    HIST: 1971 c 845 s 6; 1986 c 444 

     299F.77 Issuance to certain persons prohibited. 

    The following persons shall not be entitled to receive an 
 explosives license or permit: 

    (1) a person under the age of 18 years; 

    (2) a person who has been convicted in this state or 
 elsewhere of a crime of violence, as defined in section 299F.72, 
 subdivision 1b, unless ten years have elapsed since the person's 
 civil rights have been restored or the sentence has expired, 
 whichever occurs first, and during that time the person has not 
 been convicted of any other crime of violence.  For purposes of 
 this section, crime of violence includes crimes in other states 
 or jurisdictions that would have been crimes of violence if they 
 had been committed in this state; 

    (3) a person who is or has ever been confined or committed 
 in Minnesota or elsewhere as a person who is mentally ill, 
 mentally retarded, or mentally ill and dangerous to the public, 
 as defined in section 253B.02, to a treatment facility, unless 
 the person possesses a certificate of a medical doctor or 
 psychiatrist licensed in Minnesota, or other satisfactory proof, 
 that the person is no longer suffering from this disability; 

    (4) a person who has been convicted in Minnesota or 
 elsewhere for the unlawful use, possession, or sale of a 
 controlled substance other than conviction for possession of a 
 small amount of marijuana, as defined in section 152.01, 
 subdivision 16, or who is or has ever been hospitalized or 
 committed for treatment for the habitual use of a controlled 
 substance or marijuana, as defined in sections 152.01 and 
 152.02, unless the person possesses a certificate of a medical 
 doctor or psychiatrist licensed in Minnesota, or other 
 satisfactory proof, that the person has not abused a controlled 
 substance or marijuana during the previous two years; and 

    (5) a person who has been confined or committed to a 
 treatment facility in Minnesota or elsewhere as chemically 
 dependent, as defined in section 253B.02, unless the person has 
 completed treatment. 

    HIST: 1971 c 845 s 7; 1973 c 725 s 55; 1976 c 2 s 120; 1985 c 
 21 s 63; 1986 c 444; 1991 c 199 art 2 s 1; 1994 c 636 art 5 s 7; 
 2002 c 221 s 41 

     299F.78 Transfer. 

    Subdivision 1.    Transferring explosive or blasting 
 agent.  No person shall transfer explosives or blasting agents 
 to another unless the transferee shall display to the transferor 
 a copy of a valid license or use permit and proper 
 identification, and unless said transferee shall present to the 
 transferor a signed form acknowledging receipt of the quantity 
 of explosives or blasting agents transferred, the identifying 
 numbers of the same explosives, or if none, the identifying 
 numbers of the primary container from which the explosives or 
 blasting agents were distributed, and the serial number of the 
 use permit displayed. 

    Subd. 2. Repealed, 1994 c 636 art 5 s 18 

    HIST: 1971 c 845 s 8; 1986 c 444; 1994 c 636 art 5 s 8 

     299F.785 Black powder. 

    No person shall manufacture, assemble, warehouse, or store 
 black powder for purposes of wholesale or retail sale without 
 being licensed to do so by the commissioner of public safety.  
 The license shall be as prescribed by section 299F.73, 
 subdivision 2.  Persons who purchase more than five pounds of 
 black powder shall provide suitable identification to the 
 licensee and the licensee shall record the person's name and 
 date of birth, date of purchase, and amount purchased.  
 Additional information may be required by the commissioner.  The 
 records maintained by the licensee must be open to the 
 inspection of any peace officer acting in the normal course of 
 duties.  Persons shall notify the appropriate local fire 
 official before storing more than five pounds of black powder. 

    HIST: 1994 c 636 art 5 s 9 

     299F.79 Unlawful possession of component; penalty. 

    Whoever possesses one or more of the components necessary 
 to manufacture or assemble explosives or blasting agents, with 
 the intent to manufacture or assemble explosives or blasting 
 agents, unless said person shall have a valid license or permit 
 as provided by sections 299F.73 and 299F.75, may be sentenced to 
 imprisonment for not more than five years or payment of a fine 
 of not more than $10,000, or both.  

    HIST: 1971 c 845 s 9; 1986 c 444; 1994 c 636 art 5 s 10 

     299F.80 Unlawful possession of explosive; penalties. 

    Subdivision 1.    Possession without license or permit.  
 Except as provided in subdivision 2, whoever possesses 
 explosives or blasting agents without a valid license or permit 
 may be sentenced to imprisonment for not more than five years or 
 payment of a fine of not more than $10,000, or both.  

    Subd. 2.    Illegal possession for legitimate purpose; 
 penalty.  Whoever possesses explosives or blasting agents 
 commonly used for agricultural, forestry, conservation, industry 
 or mining purposes, without a valid license or permit, with 
 intent to use the same for legitimate agricultural, forestry, 
 conservation, industry or mining purposes, and in only such 
 quantities as are reasonably necessary for such intended use, 
 may be sentenced to imprisonment for not more than 90 days or to 
 a payment of a fine of not more than $700, or both.  

    HIST: 1971 c 845 s 10; 1986 c 444; 1989 c 290 art 6 s 3; 1994 
 c 636 art 5 s 11 

  299F.81 Repealed, 1976 c 124 s 10 

  299F.811 Repealed, 1994 c 636 art 5 s 18 

  299F.815 Repealed, 1994 c 636 art 5 s 18 

     299F.82 Illegal transfer; penalty. 

    Subdivision 1.    Illegal transfer.  Except as provided 
 in subdivision 2, whoever illegally transfers an explosive or 
 blasting agent to another may be sentenced to imprisonment for 
 not more than five years or payment of a fine of not more than 
 $10,000, or both.  

    Subd. 2.    Illegal transfer for legitimate purposes.  
 Whoever illegally transfers explosives or blasting agents 
 commonly used for agricultural, forestry, conservation, industry 
 or mining purposes to another, personally known to the 
 transferor, in the belief that the same shall be used for 
 legitimate agricultural, forestry, conservation, industry or 
 mining purposes, and in only such quantities as are reasonably 
 necessary for such believed use, may be sentenced to 
 imprisonment for not more than 90 days or to payment of a fine 
 of not more than $700, or both.  

    HIST: 1971 c 845 s 12; 1994 c 636 art 5 s 12 

     299F.83 Negligent discharge. 

    Whoever, acting with gross disregard for human life or 
 property, negligently causes an explosive or blasting agent to 
 be discharged may be sentenced to imprisonment for not more than 
 ten years or payment of a fine of not more than $20,000, or both.

    HIST: 1971 c 845 s 13; 1994 c 636 art 5 s 13 

     299F.831 Handling while influenced by alcohol or drug. 

    Subdivision 1.    Prohibition.  A person shall not 
 handle or use explosives or blasting agents while under the 
 influence of alcohol or controlled substances as defined by 
 section 169A.20. 

    Subd. 2.    Misdemeanor.  Whoever handles or uses an 
 explosive or blasting agent while under the influence of alcohol 
 or a controlled substance is guilty of a misdemeanor and may be 
 sentenced to imprisonment for not more than 90 days or payment 
 of a fine of not more than $700, or both. 

    HIST: 1994 c 636 art 5 s 14; 2000 c 478 art 2 s 7 

FLAMMABILITY STANDARDS FOR SEATING FURNITURE

     299F.840 Citation. 

    Sections 299F.840 to 299F.848 may be cited as the 
 "Furniture Fire Safety Act." 

    HIST: 1990 c 465 s 1 

     299F.841 Definitions. 

    Subdivision 1.    Scope.  The terms used in sections 
 299F.840 to 299F.848 have the meanings given them in this 
 section. 

    Subd. 2.  Renumbered subd 8 

    Subd. 3.  Renumbered subd 7 

    Subd. 4.    Filling material.  "Filling material" 
 includes cotton, wool, kapok, feathers, down, hair, liquid, or 
 other natural or artificial material, substance, or 
 prefabricated form, concealed or not concealed, to be used or 
 that could be used in seating furniture. 

    Subd. 5.    Manufacturer.  "Manufacturer" means a person 
 or the person's employee or agent who makes an article of 
 seating furniture in whole or in part. 

    Subd. 6.    Public occupancies.  "Public occupancies" 
 means: 

    (1) jails, prisons, and penal institutions; 

    (2) hospitals, mental health facilities, and similar health 
 care facilities; 

    (3) nursing care and convalescent homes; 

    (4) child day care centers; 

    (5) public auditoriums and stadiums; and 

    (6) public assembly areas of hotels and motels containing 
 more than ten articles of seating furniture. 

    Subd. 7.    Seating furniture.  "Seating furniture" 
 means movable or stationery furniture, manufactured on or after 
 January 1, 1992, including children's furniture, that is made of 
 or with loose or attached cushions or pillows or is itself 
 stuffed or filled in whole or in part with filling material; is 
 or can be stuffed or filled in whole or in part with any 
 substance or material, hidden or concealed by fabric or other 
 covering, including cushions or pillows belonging to or forming 
 a part of the furniture; together with the structural units, the 
 filling material, and its container and its covering that can be 
 used as a support for the body of a human being or a person's 
 limbs and feet when sitting or resting in an upright or 
 reclining position. 

    Subd. 8.    Sell.  "Sell" includes sell, offer or expose 
 for sale, barter, trade, deliver, give away, rent, consign, 
 lease, or possess with an intent to sell or dispose of in any 
 other commercial manner. 

    HIST: 1986 c 444; 1990 c 465 s 2 

     299F.842 Exempt articles of upholstered furniture. 

    Articles of upholstered furniture, other than juvenile 
 furniture and furniture used for and in facilities designed for 
 the care or treatment of humans, that meet any of the following 
 criteria are exempt from compliance with sections 299F.840 to 
 299F.848:  

    (1) cushions and pads intended solely for outdoor use; 

    (2) articles that are smooth-surfaced and contain no more 
 than one-half inch of filling material, provided that the 
 article does not have a horizontal surface meeting a vertical 
 surface; and 

    (3) articles manufactured solely for recreational use or 
 physical fitness purposes, such as weightlifting benches, 
 gymnasium mats or pads, sidehorses, and similar articles. 

    HIST: 1990 c 465 s 3 

     299F.843 Enforcement. 

    The state fire marshal shall enforce sections 299F.840 to 
 299F.848 in accordance with the laws of this state.  

    HIST: 1990 c 465 s 4 

     299F.844 Rules. 

    The state fire marshal shall adopt rules necessary for the 
 enforcement of sections 299F.840 to 299F.848 within six months 
 of January 1, 1992.  The fire marshal, in adopting rules, shall 
 consider the testing and labeling procedures and requirements 
 set forth in Technical Bulletin 133 of the state of California, 
 "Flammability Testing and Labeling Procedures for Use in Public 
 Occupancies," published in April 1988 by the California Bureau 
 of Home Furnishings and Thermal Insulation and periodically the 
 deletions, revisions, and updates of California Technical 
 Bulletin 133.  An amendment to a rule does not apply to seating 
 furniture manufactured before the effective date of the 
 amendment.  New seating furniture sold for use in a public 
 occupancy that meets the test criteria under rules adopted by 
 the fire marshal must conform to the labeling requirements 
 specified under the adopted rules.  

    HIST: 1990 c 465 s 5 

     299F.845 Scope. 

    Sections 299F.840 to 299F.848 apply to seating furniture 
 manufactured on or after January 1, 1992, that is sold or 
 intended for use in public occupancies in this state regardless 
 of its point of origin.  New seating furniture sold or intended 
 for use in public occupancies after January 1, 1992, that fails 
 to conform to the applicable flammability standard and labeling 
 requirement provided under sections 299F.840 to 299F.848, or 
 rule of the state fire marshal adopted under section 299F.844, 
 is prohibited from being sold or used for public occupancies.  

    HIST: 1990 c 465 s 6 

     299F.846 Performance standards; testing. 

    The applicable flammability requirements of sections 
 299F.840 to 299F.848 or rules adopted under section 299F.844 are 
 to be considered as performance standards.  Testing under these 
 standards is at the discretion of the manufacturer.  However, 
 new seating furniture offered for sale in this state on or after 
 January 1, 1992, must meet applicable flammability requirements 
 as set out by rule adopted under section 299F.844. 

    HIST: 1990 c 465 s 7 

     299F.847 Test inspection, audit. 

    The state fire marshal may inspect or audit the testing of 
 seating furniture as may be considered necessary under rules 
 adopted under section 299F.844. 

    HIST: 1990 c 465 s 8 

     299F.848 Civil action. 

    The state fire marshal may institute a civil action or 
 proceeding to enjoin a person from selling seating furniture on 
 or after January 1, 1992, that does not meet the requirements of 
 sections 299F.840 to 299F.847, and that is sold or intended for 
 use in public occupancies. 

    HIST: 1990 c 465 s 9