Bill Text: MN SF1926 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Building codes local units of government inspection authority regulation; mandatory fire-sprinkler installation prohibition
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-05-05 - Committee report, to adopt and re-refer to Rules and Legislative Administration [SF1926 Detail]
Download: Minnesota-2013-SF1926-Engrossed.html
1.2relating to building codes; regulating inspection authority of local units of
1.3government; prohibiting mandatory fire sprinkler regulations;amending
1.4Minnesota Statutes 2012, sections 326B.106, subdivision 2, by adding
1.5subdivisions; 326B.188.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 326B.106, subdivision 2, is amended to
1.8read:
1.9 Subd. 2. Public buildings and state licensed facilities; administration by
1.10commissioner. Unless the commissioner has entered into an agreement under subdivision
1.112a or subdivision 2b, the commissioner shall administer and enforce the State Building
1.12Code as a municipality with respect to public buildings and state licensed facilities in the
1.13state. The commissioner shall establish appropriate permit, plan review, inspection fees,
1.14and surcharges for public buildings and state licensed facilities.
1.15Municipalities other than the state having an agreement with the commissioner
1.16for code administration and enforcement service for public buildings and state licensed
1.17facilities shall charge their customary fees, including surcharge, to be paid directly to the
1.18jurisdiction by the applicant seeking authorization to construct a public building or a state
1.19licensed facility. The commissioner shall sign an agreement with a municipality other than
1.20the state for plan review, code administration, and code enforcement service for public
1.21buildings and state licensed facilities in the jurisdiction if the building officials of the
1.22municipality meet the requirements of section
326B.133 and wish to provide those services
1.23and if the commissioner determines that the municipality has enough adequately trained
1.24and qualified building inspectors to provide those services for the construction project.
2.1The commissioner may direct the state building official to assist a community that
2.2has been affected by a natural disaster with building evaluation and other activities related
2.3to building codes.
2.4Administration and enforcement in a municipality under this section must apply
2.5any optional provisions of the State Building Code adopted by the municipality. A
2.6municipality adopting any optional code provision shall notify the state building official
2.7within 30 days of its adoption.
2.8The commissioner shall administer and enforce the provisions of the code relating to
2.9elevators statewide, except as provided for under section
326B.184, subdivision 4.
2.10 Sec. 2. Minnesota Statutes 2012, section 326B.106, is amended by adding a
2.11subdivision to read:
2.12 Subd. 2a. Public buildings and state licensed facilities; municipal agreement
2.13for all building projects. (a) The commissioner shall enter into an agreement with a
2.14municipality other than the state for plan review, inspection, code administration, and
2.15code enforcement on public buildings and state licensed facilities in the jurisdiction if
2.16the municipality requests to provide those services and the commissioner determines
2.17that the municipality has enough adequately trained and qualified inspectors to provide
2.18those services. In determining whether a municipality has enough adequately trained and
2.19qualified inspectors to provide the service, the commissioner must consider all inspectors
2.20that are employed by the municipality, are under contract with the municipality to provide
2.21inspection services, or are obligated to provide inspection services to the municipality
2.22under any other lawful agreement.
2.23(b) The criteria used to make this determination shall be provided in writing to
2.24the municipality requesting an agreement.
2.25(c) If the commissioner determines that the municipality lacks enough adequately
2.26trained and qualified inspectors to provide the required services, a written explanation of
2.27the deficiencies shall be provided to the municipality.
2.28(d) The municipality shall be given an opportunity to remedy any deficiencies
2.29and request reconsideration of the commissioner's determination. A request for
2.30reconsideration must be in writing and accompanied by substantiating documentation. A
2.31request for reconsideration must be received by the commissioner within 90 days of the
2.32determination explanation. The commissioner shall review the information and issue a
2.33final determination to the municipality within 30 days of the request.
2.34(e) A municipality aggrieved by a final decision of the commissioner to not enter into
2.35an agreement may appeal to be heard as a contested case in accordance with chapter 14.
3.1 Sec. 3. Minnesota Statutes 2012, section 326B.106, is amended by adding a
3.2subdivision to read:
3.3 Subd. 2b. Public buildings and state licensed facilities; municipal agreement
3.4for certain building projects. The commissioner shall enter into an agreement with a
3.5municipality other than the state for inspection, code administration, and code enforcement
3.6of reserved projects occurring on public buildings and state licensed facilities in its
3.7jurisdiction if the municipality has a designated building official as required by section
3.8326B.133 and requests to provide those services.
3.9For purposes of this subdivision, "reserved projects" includes the following:
3.10(1) roof covering replacement that does not add roof load;
3.11(2) towers requiring special inspection;
3.12(3) single-level storage buildings not exceeding 5,000 square feet;
3.13(4) exterior maintenance work, including replacement of siding, windows, and doors;
3.14(5) HVAC unit replacement that does not add roof load or ventilation capacity;
3.15(6) accessibility upgrades not involving building additions or structural alterations;
3.16(7) remodeling that does not change the building's occupancy, structural system, exit
3.17access or discharge pattern, or mechanical load; and
3.18(8) other projects determined to be reserved by the commissioner.
3.19 Sec. 4. Minnesota Statutes 2012, section 326B.106, is amended by adding a
3.20subdivision to read:
3.21 Subd. 2c. Municipal fees. Municipalities other than the state having an agreement
3.22under subdivision 2a with the commissioner for code administration and enforcement
3.23service for public buildings and state licensed facilities or inspecting under authority of
3.24subdivision 2b shall charge their customary fees, including surcharge, to be paid directly
3.25to the jurisdiction by the applicant seeking authorization to construct a public building or
3.26a state licensed facility.
3.27 Sec. 5. Minnesota Statutes 2012, section 326B.106, is amended by adding a
3.28subdivision to read:
3.29 Subd. 2d. Public buildings and state licensed facilities; municipal obligation.
3.30An agreement with the commissioner under subdivision 2a or 2b must require the
3.31municipality to attend to applicable aspects of code administration and enforcement as
3.32described in the agreement and established by rule.
4.1 Sec. 6. Minnesota Statutes 2012, section 326B.106, is amended by adding a
4.2subdivision to read:
4.3 Subd. 2e. Public buildings and state licensed facilities; applicable code.
4.4Administration and enforcement in a municipality under subdivision 2a and 2b must
4.5apply any optional provisions of the State Building Code adopted by the municipality. A
4.6municipality adopting any optional code provision shall notify the state building official
4.7within 30 days of its adoption.
4.8 Sec. 7. Minnesota Statutes 2012, section 326B.106, is amended by adding a
4.9subdivision to read:
4.10 Subd. 2f. Natural disasters. The commissioner may direct the state building
4.11official to assist a community that has been affected by a natural disaster with building
4.12evaluation and other activities related to building codes.
4.13 Sec. 8. Minnesota Statutes 2012, section 326B.106, is amended by adding a
4.14subdivision to read:
4.15 Subd. 2g. Elevators. The commissioner shall administer and enforce the provisions
4.16of the code relating to elevators statewide, except as provided for under section326B.184,
4.17subdivision 4 .
4.18 Sec. 9. Minnesota Statutes 2012, section 326B.188, is amended to read:
4.19326B.188 TIMELINE FOR COMPLIANCE WITH ELEVATOR CODE
4.20CHANGES AFFECTING EXISTING ELEVATORS AND RELATED DEVICES.
4.21 Subdivision 1. Existing elevators and related devices. (a) Thissection subdivision
4.22 applies to code requirements for existing elevators and related devices under Minnesota
4.23Rules, chapter 1307, where the deadline set by law for meeting the code requirements is
4.24January 29, 2012, or later.
4.25(b) If the department or municipality conducting elevator inspections within its
4.26jurisdiction notified the owner of an existing elevator or related device of the code
4.27requirements before August 1, 2011, the owner may submit a compliance plan by
4.28December 30, 2011. If the department or municipality did not notify the owner of an
4.29existing elevator or related device of the code requirements before August 1, 2011, the
4.30department or municipality shall notify the owner of the code requirements and permit
4.31the owner to submit a compliance plan by December 30, 2011, or within 60 days after
4.32the date of notification, whichever is later.
5.1(c) Any compliance plan submitted under thissection subdivision shall result in
5.2compliance with the code requirements by the later of January 29, 2012, or three years
5.3after submission of the compliance plan. Elevators and related devices that are not in
5.4compliance with the code requirements by the later of January 29, 2012, or three years
5.5after the submission of the compliance plan may be taken out of service as provided in
5.6section326B.175 .
5.7(d) Notwithstanding any other provision of this subdivision, the deadline for
5.8compliance with code requirements is December 31, 2017, for an elevator installed prior
5.9to January 27, 2007, in a residential common interest ownership property having five or
5.10fewer floors not including the basement.
5.11 Subd. 2. Mandatory fire sprinklers prohibited. (a) The State Building Code,
5.12the State Fire Code, or a political subdivision of the state by code or ordinance must
5.13not require the installation of fire sprinklers, any fire sprinkler system components, or
5.14automatic fire-extinguishing equipment or devices in any new or existing single-family
5.15detached dwelling unit, two-family dwelling unit, townhome, or accessory structure such
5.16as a garage, covered patio, deck, porch, storage shed, or similar structure.
5.17(b) This subdivision does not affect or limit a requirement for smoke or fire
5.18detectors, alarms, or their components.
5.19EFFECTIVE DATE.This section is effective the day following final enactment.
1.3government; prohibiting mandatory fire sprinkler regulations;amending
1.4Minnesota Statutes 2012, sections 326B.106, subdivision 2, by adding
1.5subdivisions; 326B.188.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 326B.106, subdivision 2, is amended to
1.8read:
1.9 Subd. 2. Public buildings and state licensed facilities; administration by
1.10commissioner. Unless the commissioner has entered into an agreement under subdivision
1.112a or subdivision 2b, the commissioner shall administer and enforce the State Building
1.12Code as a municipality with respect to public buildings and state licensed facilities in the
1.13state. The commissioner shall establish appropriate permit, plan review, inspection fees,
1.14and surcharges for public buildings and state licensed facilities.
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10 Sec. 2. Minnesota Statutes 2012, section 326B.106, is amended by adding a
2.11subdivision to read:
2.12 Subd. 2a. Public buildings and state licensed facilities; municipal agreement
2.13for all building projects. (a) The commissioner shall enter into an agreement with a
2.14municipality other than the state for plan review, inspection, code administration, and
2.15code enforcement on public buildings and state licensed facilities in the jurisdiction if
2.16the municipality requests to provide those services and the commissioner determines
2.17that the municipality has enough adequately trained and qualified inspectors to provide
2.18those services. In determining whether a municipality has enough adequately trained and
2.19qualified inspectors to provide the service, the commissioner must consider all inspectors
2.20that are employed by the municipality, are under contract with the municipality to provide
2.21inspection services, or are obligated to provide inspection services to the municipality
2.22under any other lawful agreement.
2.23(b) The criteria used to make this determination shall be provided in writing to
2.24the municipality requesting an agreement.
2.25(c) If the commissioner determines that the municipality lacks enough adequately
2.26trained and qualified inspectors to provide the required services, a written explanation of
2.27the deficiencies shall be provided to the municipality.
2.28(d) The municipality shall be given an opportunity to remedy any deficiencies
2.29and request reconsideration of the commissioner's determination. A request for
2.30reconsideration must be in writing and accompanied by substantiating documentation. A
2.31request for reconsideration must be received by the commissioner within 90 days of the
2.32determination explanation. The commissioner shall review the information and issue a
2.33final determination to the municipality within 30 days of the request.
2.34(e) A municipality aggrieved by a final decision of the commissioner to not enter into
2.35an agreement may appeal to be heard as a contested case in accordance with chapter 14.
3.1 Sec. 3. Minnesota Statutes 2012, section 326B.106, is amended by adding a
3.2subdivision to read:
3.3 Subd. 2b. Public buildings and state licensed facilities; municipal agreement
3.4for certain building projects. The commissioner shall enter into an agreement with a
3.5municipality other than the state for inspection, code administration, and code enforcement
3.6of reserved projects occurring on public buildings and state licensed facilities in its
3.7jurisdiction if the municipality has a designated building official as required by section
3.8326B.133 and requests to provide those services.
3.9For purposes of this subdivision, "reserved projects" includes the following:
3.10(1) roof covering replacement that does not add roof load;
3.11(2) towers requiring special inspection;
3.12(3) single-level storage buildings not exceeding 5,000 square feet;
3.13(4) exterior maintenance work, including replacement of siding, windows, and doors;
3.14(5) HVAC unit replacement that does not add roof load or ventilation capacity;
3.15(6) accessibility upgrades not involving building additions or structural alterations;
3.16(7) remodeling that does not change the building's occupancy, structural system, exit
3.17access or discharge pattern, or mechanical load; and
3.18(8) other projects determined to be reserved by the commissioner.
3.19 Sec. 4. Minnesota Statutes 2012, section 326B.106, is amended by adding a
3.20subdivision to read:
3.21 Subd. 2c. Municipal fees. Municipalities other than the state having an agreement
3.22under subdivision 2a with the commissioner for code administration and enforcement
3.23service for public buildings and state licensed facilities or inspecting under authority of
3.24subdivision 2b shall charge their customary fees, including surcharge, to be paid directly
3.25to the jurisdiction by the applicant seeking authorization to construct a public building or
3.26a state licensed facility.
3.27 Sec. 5. Minnesota Statutes 2012, section 326B.106, is amended by adding a
3.28subdivision to read:
3.29 Subd. 2d. Public buildings and state licensed facilities; municipal obligation.
3.30An agreement with the commissioner under subdivision 2a or 2b must require the
3.31municipality to attend to applicable aspects of code administration and enforcement as
3.32described in the agreement and established by rule.
4.1 Sec. 6. Minnesota Statutes 2012, section 326B.106, is amended by adding a
4.2subdivision to read:
4.3 Subd. 2e. Public buildings and state licensed facilities; applicable code.
4.4Administration and enforcement in a municipality under subdivision 2a and 2b must
4.5apply any optional provisions of the State Building Code adopted by the municipality. A
4.6municipality adopting any optional code provision shall notify the state building official
4.7within 30 days of its adoption.
4.8 Sec. 7. Minnesota Statutes 2012, section 326B.106, is amended by adding a
4.9subdivision to read:
4.10 Subd. 2f. Natural disasters. The commissioner may direct the state building
4.11official to assist a community that has been affected by a natural disaster with building
4.12evaluation and other activities related to building codes.
4.13 Sec. 8. Minnesota Statutes 2012, section 326B.106, is amended by adding a
4.14subdivision to read:
4.15 Subd. 2g. Elevators. The commissioner shall administer and enforce the provisions
4.16of the code relating to elevators statewide, except as provided for under section
4.17subdivision 4
4.18 Sec. 9. Minnesota Statutes 2012, section 326B.188, is amended to read:
4.19326B.188 TIMELINE FOR COMPLIANCE WITH ELEVATOR CODE
4.20CHANGES AFFECTING EXISTING ELEVATORS AND RELATED DEVICES.
4.21 Subdivision 1. Existing elevators and related devices. (a) This
4.22 applies to code requirements for existing elevators and related devices under Minnesota
4.23Rules, chapter 1307, where the deadline set by law for meeting the code requirements is
4.24January 29, 2012, or later.
4.25(b) If the department or municipality conducting elevator inspections within its
4.26jurisdiction notified the owner of an existing elevator or related device of the code
4.27requirements before August 1, 2011, the owner may submit a compliance plan by
4.28December 30, 2011. If the department or municipality did not notify the owner of an
4.29existing elevator or related device of the code requirements before August 1, 2011, the
4.30department or municipality shall notify the owner of the code requirements and permit
4.31the owner to submit a compliance plan by December 30, 2011, or within 60 days after
4.32the date of notification, whichever is later.
5.1(c) Any compliance plan submitted under this
5.2compliance with the code requirements by the later of January 29, 2012, or three years
5.3after submission of the compliance plan. Elevators and related devices that are not in
5.4compliance with the code requirements by the later of January 29, 2012, or three years
5.5after the submission of the compliance plan may be taken out of service as provided in
5.6section
5.7(d) Notwithstanding any other provision of this subdivision, the deadline for
5.8compliance with code requirements is December 31, 2017, for an elevator installed prior
5.9to January 27, 2007, in a residential common interest ownership property having five or
5.10fewer floors not including the basement.
5.11 Subd. 2. Mandatory fire sprinklers prohibited. (a) The State Building Code,
5.12the State Fire Code, or a political subdivision of the state by code or ordinance must
5.13not require the installation of fire sprinklers, any fire sprinkler system components, or
5.14automatic fire-extinguishing equipment or devices in any new or existing single-family
5.15detached dwelling unit, two-family dwelling unit, townhome, or accessory structure such
5.16as a garage, covered patio, deck, porch, storage shed, or similar structure.
5.17(b) This subdivision does not affect or limit a requirement for smoke or fire
5.18detectors, alarms, or their components.
5.19EFFECTIVE DATE.This section is effective the day following final enactment.
