2002 Minnesota Statutes

     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 Repealed, 1981 c 106 s 16 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