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.

Selected Minnesota Fire Prevention Statutes

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

299F.011 State Fire Code; Administration and Enforcement

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

Subdivision 1

AMENDMENT
This section has been amended at the state or city level.
MS 2006 [Renumbered 326B.02, subd 6]

Subdivision 2

AMENDMENT
This section has been amended at the state or city level.
[Repealed, 1981 c 106 s 16]

Subdivision 3 Rules for Code Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
The commissioner of public safety 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.

Subdivision 4 Applicability; Local Authority

AMENDMENT
This section has been amended at the state or city level.
The State 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 State Fire Code. Any ordinance or regulation adopted by a local unit which differs from the State 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 State Building Code adopted pursuant to sections 326B.101 to 326B.151.

Subdivision 4a Day Care Home Regulation

AMENDMENT
This section has been amended at the state or city level.
  1. 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.
  2. 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.
  3. 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).
  4. 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.
  5. 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 chapter 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.
  6. 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.

Subdivision 4b Stairway

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

Subdivision 4c

AMENDMENT
This section has been amended at the state or city level.
[Repealed, 2005 c 136 art 9 s 15]

Subdivision 5 Appeal Policy; Variance

AMENDMENT
This section has been amended at the state or city level.
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 orders issued by a local fire official from the State 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 any decisions or recommendations 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.

Subdivision 5a Local Board of Appeal

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

Subdivision 5b Variance Considerations

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

Subdivision 6 Misdemeanor

AMENDMENT
This section has been amended at the state or city level.
A person who violates a provision of the State Fire Code shall be guilty of a misdemeanor. No person shall be convicted for violating the State 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.

Subdivision 7 Fees

AMENDMENT
This section has been amended at the state or city level.
The state fire marshal shall charge a fee of $100 for each plan review involving:
  1. flammable liquids;
  2. motor vehicle fuel-dispensing stations; or
  3. liquefied petroleum gases.
History: 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; 1984c 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 597s 16; 1993 c 327 s 16; 2002 c 220 art 7 s 13; 2005 c 136 art 9 s 4,14; 2006 c 260 art 3 s 19; 2007 c 140art 2 s 1; art 3 s 6; art 4 s 61; art 13 s 4; 2008 c 337 s 4

299F.013 Fuel Dispensing

AMENDMENT
This section has been amended at the state or city level.
  1. Any rule of the commissioner of public safety that adopts provisions of the State 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.
  2. 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.
  3. Dispensing operations authorized under this section are subject to all other applicable requirements of the State Fire Code.
History: 1994 c 536 s 24; 2005 c 136 art 9 s 14

299F.014 Petroleum Storage Tanks; Tank Vehicle Parking

AMENDMENT
This section has been amended at the state or city level.
  1. Any rule of the commissioner of public safety that adopts provisions of the State 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 State Fire Code applies.
  2. 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.
History: 1999 c 203 s 8; 2005 c 136 art 9 s 5

299F.30 Fire Drill in School; Doors and Exits

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

Subdivision 1 Duties of Fire Marshal

AMENDMENT
This section has been amended at the state or city level.
Consistent with Sections 121A.035, 121A.037, and this section, 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 five fire drills each school year and to keep all doors and exits unlocked from the inside of the building during school hours.

Subdivision 2 Fire Drill

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

Subdivision 3 School Doors and Exits

AMENDMENT
This section has been amended at the state or city level.
Consistent with Section 121A.035 and this section, 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.

History: (5978) 1913 c 564 s 28; 1971 c 516 s 1; 1973 c 11 s 1; 1986 c 444; 2006 c 263 art 2 s 19

299F.362 Smoke Detector; Installation; Rules; Penalty

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

Subdivision 1 Definitions

AMENDMENT
This section has been amended at the state or city level.
For the purposes of this section, the following definitions shall apply:
  1. "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.
  2. "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.
  3. "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.
  4. "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.
  5. "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.

Subdivision 2 Rules, Smoke Detector Location

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

Subdivision 3 Smoke Detector for Any Dwelling

AMENDMENT
This section has been amended at the state or city level.
Every dwelling unit within a dwelling must be provided with a smoke detector meeting the requirements of the State Fire Code. The detector must be mounted in accordance with the rules regarding smoke detector location adopted under subdivision 2. When actuated, the detector must provide an alarm in the dwelling unit.

Subdivision 3a Smoke Detector for New Dwelling

AMENDMENT
This section has been amended at the state or city level.
In construction of a new dwelling, each smoke detector must be attached to a centralized power source.

Subdivision 4 Smoke Detector for Apartment, Lodging House, or Hotel

AMENDMENT
This section has been amended at the state or city level.
Every dwelling unit within an apartment house and every guest room in a lodging house or hotel used for sleeping purposes must be provided with a smoke detector conforming to the requirements of the State Fire Code. In dwelling units, detectors must be mounted in accordance with the rules regarding smoke detector location adopted under subdivision 2. When actuated, the detector must provide an alarm in the dwelling unit or guest room.

Subdivision 5 Maintenance Responsibilities

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

Subdivision 5a Inform Owner; No Added Liability

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

Subdivision 6 Penalties

AMENDMENT
This section has been amended at the state or city level.
  1. 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 State Fire Code, as specified in Section 299F.011, subdivision 6.
  2. 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.

Subdivision 7 Local Government Preempted

AMENDMENT
This section has been amended at the state or city level.
This section prohibits a local unit of government from adopting standards different from those provided in this section.

Subdivision 8

AMENDMENT
This section has been amended at the state or city level.
[Repealed, 1991 c 199 art 1 s 67]

Subdivision 9 Local Government Ordinance; Installation in Single-Family Residence

AMENDMENT
This section has been amended at the state or city level.
Notwithstanding sub-division 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.

Subdivision 10

AMENDMENT
This section has been amended at the state or city level.
MS 1988 [Repealed, 1989 c 322 s 5]

Subdivision 10 Public Fire Safety Educator

AMENDMENT
This section has been amended at the state or city level.
The position of Minnesota public fire safety educator is established in the Department of Public Safety.

Subdivision 11 Insurance Claim

AMENDMENT
This section has been amended at the state or city level.
No insurer shall deny a claim for loss or damage by fire for failure of a person to comply with this section.

History: 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; 1991c 233 s 110; 1993 c 329 s 1,2; 2005 c 136 art 9 s 11,12,14

299F.40 Liquefied Petroleum or Industrial Gas Container

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

Subdivision 1 Public Policy

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

Subdivision 2 Definitions

AMENDMENT
This section has been amended at the state or city level.
  1. The term "person" shall mean and include any person, persons, firm, firms, corporation, or corporations.
  2. 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.
  3. 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.
  4. 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.

Subdivision 3 Container Identification; Unlawful Acts

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

Subdivision 4 Presumptive Evidence of Unlawful Use of Container

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

Subdivision 5 Violation, Search Warrant

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

Subdivision 6 Misdemeanor

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

History: 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.50 Definitions (Carbon Monoxide)

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

Subdivision 1 Scope

AMENDMENT
This section has been amended at the state or city level.
As used in Sections 299F.50 and 299F.51, the terms defined in this section have the meanings given them.

Subdivision 2

AMENDMENT
This section has been amended at the state or city level.
MS 2006 [Renumbered subdivision 8]

Subdivision 3

AMENDMENT
This section has been amended at the state or city level.
MS 2006 [Renumbered subdivision 10]

Subdivision 4

AMENDMENT
This section has been amended at the state or city level.
MS 2006 [Renumbered subdivision 7]

Subdivision 5 Approved Carbon Monoxide Alarm

AMENDMENT
This section has been amended at the state or city level.
"Approved carbon monoxide alarm" means a device meant for the purpose of detecting carbon monoxide that is certified by a nationally recognized testing laboratory to conform to the latest Underwriters Laboratories Standards (known as UL2034 standards).

Subdivision 6

AMENDMENT
This section has been amended at the state or city level.
MS 2006 [Renumbered subdivision 9]

Subdivision 7 Dwelling Unit

AMENDMENT
This section has been amended at the state or city level.
"Dwelling unit" means an area meant for living or sleeping by human occupants.

Subdivision 8 Installed

AMENDMENT
This section has been amended at the state or city level.
"Installed" means that an approved carbon monoxide alarm is hardwired into the electrical wiring, directly plugged into an electrical outlet without a switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.

Subdivision 9 Operational

AMENDMENT
This section has been amended at the state or city level.
"Operational" means working and in service.

Subdivision 10 Single and Multifamily Dwelling

AMENDMENT
This section has been amended at the state or city level.
"Single and multifamily dwelling" means any building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants.

History: 2006 c 260 art 3 s 20

299F.51 Requirements for Carbon Monoxide Alarms

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

Subdivision 1 Generally

AMENDMENT
This section has been amended at the state or city level.
Every single family dwelling and every dwelling unit in a multifamily dwelling must have an approved and operational carbon monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.

Subdivision 2 Owner's Duties

AMENDMENT
This section has been amended at the state or city level.
The owner of a multifamily dwelling unit which is required to be equipped with one or more approved carbon monoxide alarms must:
  1. provide and install one approved and operational carbon monoxide alarm within ten feet of each room lawfully used for sleeping; and
  2. replace any required carbon monoxide alarm that has been stolen, removed, found missing, or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant prior to the commencement of a new occupancy of a dwelling unit.

Subdivision 3 Occupant's Duties

AMENDMENT
This section has been amended at the state or city level.
The occupant of each dwelling unit in a multifamily dwelling in which an approved and operational carbon monoxide alarm has been provided and installed by the owner must:
  1. keep and maintain the device in good repair; and
  2. replace any device that is stolen, removed, missing, or rendered inoperable during the occupancy of the dwelling unit.

Subdivision 4 Battery Removal Prohibited

AMENDMENT
This section has been amended at the state or city level.
No person shall remove batteries from, or in any way render inoperable, a required carbon monoxide alarm.

Subdivision 5 Exceptions; Certain Multifamily Dwellings and State-Operated Facilities

AMENDMENT
This section has been amended at the state or city level.
  1. In lieu of requirements of subdivision 1, multifamily dwellings may have approved and operational carbon monoxide alarms installed between 15 and 25 feet of carbon monoxide-producing central fixtures and equipment, provided there is a centralized alarm system or other mechanism for responsible parties to hear the alarm at all times.
  2. An owner of a multifamily dwelling that contains minimal or no sources of carbon monoxide may be exempted from the requirements of subdivision 1, provided that such owner certifies to the commissioner of public safety that such multifamily dwelling poses no foreseeable carbon monoxide risk to the health and safety of the dwelling units.
  3. The requirements of this section do not apply to facilities owned or operated by the state of Minnesota.
History: 2006 c 260 art 3 s 21
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