ADOPTS WITH AMENDMENTS:

International Fire Code 2018 (IFC 2018)

Part I — Administrative

Part II — General Safety Provisions

Part III — Building and Equipment Design Features

ICC 300 Bleachers, Folding and Telescopic Seating, and Grandstands

Part IV — Special Occupancies and Operations

Part V — Hazardous Materials

Part VI — Referenced Standards

Part VII — Appendices

Heads up: There are no amended sections in this chapter.

Fire Investigations and Criminal Statutes

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This section has been amended at the state or city level.

299F.04 Origin of Fire Investigated; Computerized Arson Data

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Subdivision 1 Duty

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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.

Subdivision 2 Coordination by State Fire Marshal

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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.

Subdivision 3 Reporting and Records Requirements

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This section has been amended at the state or city level.
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.

Subdivision 3a

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This section has been amended at the state or city level.
[Repealed, 2014 c 212 art 3 s 1]

Subdivision 4 Investigation by State Fire Marshal

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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.

Subdivision 5 Notification

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  1. 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.
  2. 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 under takes 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.
History: (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

299F.08 Premises, When Entered

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Subdivision 1 Immediate Entry

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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.

Subdivision 2 Administrative Search Warrant

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  1. 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.
  2. 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.

Subdivision 3 Criminal Search Warrant

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This section has been amended at the state or city level.
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.

Subdivision 4 Securing the Scene

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This section has been amended at the state or city level.
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.

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

609.561 Arson in the First Degree

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Subdivision 1 First Degree; Dwelling

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Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building that is used as a dwelling at the time the act is committed, whether the inhabitant is present therein at the time of the act or not, or any building appurtenant to or connected with a dwelling whether the property of the actor or of another, commits arson in the first degree and may be sentenced to imprisonment for not more than 20 years or to a fine of not more than $20,000, or both.

Subdivision 2 First Degree; Other Buildings

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This section has been amended at the state or city level.
Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building not included in subdivision 1, whether the property of the actor or another commits arson in the first degree and may be sentenced to imprisonment for not more than 20 years or to a fine of not more than $35,000, or both if:
  1. another person who is not a participant in the crime is present in the building at the time and the defendant knows that; or
  2. the circumstances are such as to render the presence of such a person therein a reasonable possibility.

Subdivision 3 First Degree; Flammable Material

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This section has been amended at the state or city level.
  1. Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building not included in subdivision 1, whether the property of the actor or another, commits arson in the first degree if a flammable material is used to start or accelerate the fire. A person who violates this paragraph may be sentenced to imprisonment for not more than 20 years or a fine of not more than $20,000, or both.
  2. As used in this subdivision:
    1. "combustible liquid" means a liquid having a flash point at or above 100 degrees Fahrenheit;
    2. "flammable gas" means any material which is a gas at 68 degrees Fahrenheit or less and 14.7 psi of pressure and which: (i) is ignitable when in a mixture of 13 percent or less by volume with air at atmospheric pressure; or (ii) has a flammable range with air at atmospheric pressure of at least 12 percent, regardless of the lower flammable limit;
    3. "flammable liquid" means any liquid having a flash point below 100 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit, but does not include intoxicating liquor as defined in Section 340A.101;
    4. "flammable material" means a flammable or combustible liquid, a flammable gas, or a flammable solid; and
    5. "flammable solid" means any of the following three types of materials:
      1. wetted explosives;
      2. self-reactive materials that are liable to undergo heat-producing decomposition; or
      3. readily combustible solids that may cause a fire through friction or that have a rapid burning rate as determined by specific flammability tests.
History: 1976 c 124 s 4; 1984 c 628 art 3 s 11; 1986 c 444; 1994 c 636 art 2 s 42; 1995 c 186 s 100;1999 c 176 s 1

609.562 Arson in the Second Degree

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Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any building not covered by Section 609.561, no matter what its value, or any other real or personal property valued at more than $1,000, whether the property of the actor or another, may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

History: 1976 c 124 s 5; 1979 c 258 s 16; 1984 c 628 art 3 s 11; 1985 c 141 s 2; 1986 c 444; 1993c 326 art 5 s 7

609.563 Arson in the Third Degree

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Subdivision 1 Crime

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This section has been amended at the state or city level.
Whoever unlawfully by means of fire or explosives, intentionally destroys or damages any real or personal property may be sentenced to imprisonment for not more than five years or to payment of a fine of $10,000, or both, if:
  1. the property intended by the accused to be damaged or destroyed had a value of more than $300 but less than $1,000; or
  2. property of the value of $300 or more was unintentionally damaged or destroyed but such damage or destruction could reasonably have been foreseen; or
  3. the property specified in clauses (a) and (b) in the aggregate had a value of $300 or more.

Subdivision 2

AMENDMENT
This section has been amended at the state or city level.
[Repealed, 1998 c 367 art 2 s 33]

History: 1976 c 124 s 6; 1977 c 355 s 9; 1979 c 258 s 17; 1984 c 628 art 3 s 11; 1985 c 141 s 3; 1993 c 326 art 5 s 8

609.5631 Arson in the Fourth Degree

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Subdivision 1 Definitions

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  1. For purposes of this section, the following terms have the meanings given.
  2. "Multiple unit residential building" means a building containing two or more apartments.
  3. "Public building" means a building such as a hotel, hospital, motel, dormitory, sanitarium, nursing home, theater, stadium, gymnasium, amusement park building, school or other building used for educational purposes, museum, restaurant, bar, correctional institution, place of worship, or other building of public assembly.

Subdivision 2 Crime Described

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This section has been amended at the state or city level.
Whoever intentionally by means of fire or explosives sets fire to or burns or causes to be burned any personal property in a multiple unit residential building or public building and arson in the first, second, or third degree was not committed is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

History: 1998 c 367 art 2 s 19; 1999 c 176 s 2

609.5632 Arson in the Fifth Degree

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This section has been amended at the state or city level.
Whoever intentionally by means of fire or explosives sets fire to or burns or causes to be burned any real or personal property of value is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

History: 1998 c 367 art 2 s 20; 2004 c 228 art 1 s 72

609.5633 Use of Ignition Devices; Petty Misdemeanor

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This section has been amended at the state or city level.
A student who uses an ignition device, including a butane or disposable lighter or matches, inside an educational building and under circumstances where there is an obvious risk of fire, and arson in the first, second, third, or fourth degree was not committed, is guilty of a petty misdemeanor. This section does not apply if the student uses the device in a manner authorized by the school.

For the purposes of this section, "student" has the meaning given in Section 123B.41, subdivision 11.

History: 1999 c 176 s 3

609.564 Excluded Fires

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609.5641 Wildfire Arson

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Subdivision 1 Setting Wildfires

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A person who intentionally sets a fire to burn out of control on land of another containing timber, underbrush, grass, or other vegetative combustible material is guilty of a felony and may be sentenced as provided in subdivision 1a.

Subdivision 1a Penalty; Felonies

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  1. Except as provided in paragraphs (b), (c), and (d), a person who violates subdivision 1 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
  2. A person who violates subdivision 1 where the fire threatens to damage or damages in excess of five buildings or dwellings, burns 500 acres or more, or damages crops in excess of $100,000, may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $15,000, or both.
  3. A person who violates subdivision 1 where the fire threatens to damage or damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $25,000, or both.
  4. A person who violates subdivision 1 where the fire causes another person to suffer demonstrable bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of $15,000, or both.
  5. For purposes of this section, a building or dwelling is threatened when there is a probability of damage to the building or dwelling requiring evacuation for safety of life.

Subdivision 2 Possession of Flammables to Set Wildfires

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This section has been amended at the state or city level.
A person is guilty of a gross misdemeanor who possesses a flammable, explosive, or incendiary device, substance, or material with intent to use the device, substance, or material to violate subdivision 1.

Subdivision 3 Restitution

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In addition to the sentence otherwise authorized, the court may order a person who is convicted of violating this section to pay fire suppression costs, damages to the owner of the damaged land, costs associated with injuries sustained by a member of a municipal or volunteer fire department in the performance of the member's duties, and any other restitution costs allowed under Section 611A.04.

History: 1990 c 478 s 2; 2013 c 139 s 1-3

609.576 Negligent Fires; Dangerous Smoking

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Subdivision 1 Negligent Fire Resulting in Injury or Property Damage

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Whoever is grossly negligent in causing a fire to burn or get out of control thereby causing damage or injury to another, and as a result of this:
  1. a human being is injured and great bodily harm incurred, is guilty of a crime and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both;
  2. a human being is injured and bodily harm incurred, is guilty of a crime and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or
  3. property of another is injured, thereby, is guilty of a crime and may be sentenced as follows:
    1. to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, if the value of the property damage is under $300;
    2. to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property damaged is at least $300 but is less than $2,500; or
    3. to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both, if the value of the property damaged is $2,500 or more.

Subdivision 2 Dangerous Smoking

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This section has been amended at the state or city level.
A person is guilty of a misdemeanor if the person smokes in the presence of explosives or inflammable materials. If a person violates this subdivision and knows that doing so creates a risk of death or bodily harm or serious property damage, the person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

History: 1976 c 124 s 7; 1977 c 355 s 10; 1981 c 107 s 1; 1984 c 628 art 3 s 11; 1985 c 141 s 5; 1989c 5 s 8; 1989 c 290 art 6 s 20; 1993 c 326 art 5 s 9; 2001 c 155 s 1; 2003 c 82 s 1

609.686 False Fire Alarms; Tampering With or Injuring Fire Alarm System

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Subdivision 1 Misdemeanor

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Whoever intentionally gives a false alarm of fire, or unlawfully tampers or interferes with any fire alarm system, fire protection device, or the station or signal box of any fire alarm system or any auxiliary fire appliance, or unlawfully breaks, injures, defaces, or removes any such system, device, box or station, or unlawfully breaks, injures, destroys, disables, renders inoperable, or disturbs any of the wires, poles, or other supports and appliances connected with or forming a part of any fire alarm system or fire protection device or any auxiliary fire appliance is guilty of a misdemeanor.

Subdivision 2 Felony

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Whoever violates subdivision 1 by tampering and knows or has reason to know that the tampering creates the potential for bodily harm or the tampering results in bodily harm is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subdivision 3 Tampering

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This section has been amended at the state or city level.
For purpose of this section, tampering means to intentionally disable, alter, or change the fire alarm system, fire protective device, or the station or signal box of any fire alarm system of any auxiliary fire appliance, with knowledge that it will be disabled or rendered inoperable.

History: 1971 c 77 s 1; 1993 c 326 art 5 s 10
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