Commissioner of labor and industry requirement to adopt rules about unvented attics and enclosed rafter assemblies

A bill for an act

relating to the State Building Code; requiring the commissioner of labor and

industry to adopt rules about unvented attics and enclosed rafter assemblies;

amending Minnesota Statutes 2024, section 326B.106, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 326B.106, subdivision 4, is amended to read:

Subd. 4.

Special requirements.

(a)
Space for commuter vans.
The code must require

that any parking ramp or other parking facility constructed in accordance with the code

include an appropriate number of spaces suitable for the parking of motor vehicles having

a capacity of seven to 16 persons and which are principally used to provide prearranged

commuter transportation of employees to or from their place of employment or to or from

a transit stop authorized by a local transit authority.

(b)
Smoke detection devices.
The code must require that all dwellings, lodging houses,

apartment houses, and hotels as defined in section
299F.362
comply with the provisions of

section
299F.362
.

(c)
Doors in nursing homes and hospitals.
The State Building Code may not require

that each door entering a sleeping or patient's room from a corridor in a nursing home or

hospital with an approved complete standard automatic fire extinguishing system be

constructed or maintained as self-closing or automatically closing.

(d)
Child care facilities in churches; ground level exit.
A licensed day care center

serving fewer than 30 preschool age persons and which is located in a belowground space

in a church building is exempt from the State Building Code requirement for a ground level

exit when the center has more than two stairways to the ground level and its exit.

(e)
Family and group family day care.
Until the legislature enacts legislation specifying

appropriate standards, the definition of dwellings constructed in accordance with the

International Residential Code as adopted as part of the State Building Code applies to

family and group family day care homes licensed by the Department of Children, Youth,

and Families under Minnesota Rules, chapter 9502.

(f)
Enclosed stairways.
No provision of the code or any appendix chapter of the code

may require stairways of existing multiple dwelling buildings of two stories or less to be

enclosed.

(g)
Double cylinder dead bolt locks.
No provision of the code or appendix chapter of

the code may prohibit double cylinder dead bolt locks in existing single-family homes,

townhouses, and first floor duplexes used exclusively as a residential dwelling. Any

recommendation or promotion of double cylinder dead bolt locks must include a warning

about their potential fire danger and procedures to minimize the danger.

(h)
Relocated residential buildings.
A residential building relocated within or into a

political subdivision of the state need not comply with the State Energy Code or section

326B.439
provided that, where available, an energy audit is conducted on the relocated

building.

(i)
Automatic garage door opening systems.
The code must require all residential

buildings as defined in section
325F.82
to comply with the provisions of sections
325F.82

and
325F.83
.

(j)
Exterior wood decks, patios, and balconies.
The code must permit the decking

surface and upper portions of exterior wood decks, patios, and balconies to be constructed

of (1) heartwood from species of wood having natural resistance to decay or termites,

including redwood and cedars, (2) grades of lumber which contain sapwood from species

of wood having natural resistance to decay or termites, including redwood and cedars, or

(3) treated wood. The species and grades of wood products used to construct the decking

surface and upper portions of exterior decks, patios, and balconies must be made available

to the building official on request before final construction approval.

(k)
Bioprocess piping and equipment.
No permit fee for bioprocess piping may be

imposed by municipalities under the State Building Code, except as required under section

326B.92, subdivision 1
. Permits for bioprocess piping shall be according to section
326B.92

administered by the Department of Labor and Industry. All data regarding the material

production processes, including the bioprocess system's structural design and layout, are

nonpublic data as provided by section
13.7911
.

(l)
Use of ungraded lumber.
The code must allow the use of ungraded lumber in

geographic areas of the state where the code did not generally apply as of April 1, 2008, to

the same extent that ungraded lumber could be used in that area before April 1, 2008.

(m)
Window cleaning safety.
The commissioner shall adopt rules, using the expedited

rulemaking process in section
14.389
, requiring window cleaning safety features that comply

with a nationally recognized standard as part of the State Building Code. Window cleaning

safety features shall be provided for all windows on:

(1) new buildings where determined by the code; and

(2) existing buildings undergoing alterations where both of the following conditions are

met:

(i) the windows do not currently have safe window cleaning features; and

(ii) the proposed work area being altered can include provisions for safe window cleaning.

(n)
Adult-size changing facilities.
The commissioner shall adopt rules requiring

adult-size changing facilities as part of the State Building Code.

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(o)
Unvented attic and unvented enclosed rafter assemblies.
The commissioner shall

adopt rules that deem unvented attic and unvented enclosed rafter assemblies insulated and

air sealed with air impermeable insulation with R-30 (maximum U-Factor of 0.038) insulation

to meet the requirements of section R402 of the Minnesota Residential Energy Code,

provided that the indoor heating, cooling, and ventilation equipment, including ductwork,

is inside the unvented attic.

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