16B.64 APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
Subdivision 1. Applicability.
Subject to this section, the adoption of the code and
amendment is subject to the Administrative Procedure Act.
Subd. 2. Distribution of incorporations by reference.
The commissioner need not publish
or distribute those parts of the code which are adopted by reference pursuant to section
Subd. 3. Filing.
The commissioner shall file one copy of the complete code with the secretary
of state, except that all standards referred to in any model or statewide specialty code or any of the
modifications of a code need not be filed. All standards referred to in the code must be kept on file
and available for inspection in the office of the commissioner.
Subd. 4. Hearings.
The commissioner shall hold all state hearings and make all
determinations regarding any subject matter dealt with in the code including those in which
another state agency proposes to adopt or amend rules which are incorporated by reference
into the code or whenever the commissioner proposes to incorporate those rules into the State
Building Code. In no event may a state agency subsequently authorized to adopt rules involving
State Building Code subject matter proceed to adopt the rules without prior consultation with the
Subd. 5. Proposed amendments; hearings.
Any interested person may propose amendments
to the code which may be either applicable to all municipalities or, where it is alleged and
established that conditions exist within a municipality which are not generally found within other
municipalities, amendments may be restricted in application to that municipality. Notice of public
hearings on proposed amendments shall be given to the governing bodies of all municipalities in
addition to those persons entitled to notice under the Administrative Procedure Act.
Subd. 6. Adoption.
The commissioner shall approve any proposed amendments deemed by
the commissioner to be reasonable in conformity with the policy and purpose of the code and
justified under the particular circumstances involved. Upon adoption, a copy of each amendment
must be distributed to the governing bodies of all affected municipalities.
Subd. 7. Investigation and research.
With the approval of the commissioner the state
building official shall investigate or provide for investigations, or may accept authenticated
reports from authoritative sources, concerning new materials or modes of construction intended
for use in the construction of buildings or structures, and shall propose amendments to the code
setting forth the conditions under which the new materials or modes may be used.
Subd. 8. Effective date of rules.
A rule to adopt or amend the state's building code is
effective 180 days after the filing of the rule with the secretary of state under section
. The rule may provide for a different effective date if the commissioner or board proposing
the rule finds that a different effective date is necessary to protect public health and safety after
considering, among other things, the need for time for training of individuals to comply with
and enforce the rule.
History: 1984 c 544 s 69; 1985 c 248 s 8; 1986 c 444; 1987 c 312 art 1 s 10 subd 1; 1994 c
634 art 2 s 10; 1999 c 135 s 4; 2007 c 140 art 4 s 11