Minnesota Fire Protection Licensing Law
Minnesota Code · 58 sections
The following is the full text of Minnesota’s fire protection licensing law statutes as published in the Minnesota Code. For the official version, see the Minnesota Legislature.
Minn. Stat. § 103D.535
103D.535 .
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Subd. 3. Charges; net revenues.
(a) To pay for the construction, reconstruction, repair, enlargement, improvement, or other obtainment, the maintenance, operation and use of the facilities, and of obtaining and complying with permits required by law, the governing body of a municipality or county may impose just and equitable charges for the use and for the availability of the facilities and for connections with them and make contracts for the charges as provided in this section. The charges may be imposed with respect to facilities made available by agreement with other municipalities, counties or private corporations or individuals, as well as those owned and operated by the municipality or county itself.
(b) Notwithstanding local charter restrictions, charges made for service rendered shall be as nearly as possible proportionate to the cost of furnishing the service.
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Subd. 3a. Sanitary sewer charges.
Sanitary sewer charges may be fixed:
(1) on the basis of water consumed; or
(2) by reference to a reasonable classification of the types of premises to which service is furnished; or
(3) by reference to the quantity, pollution qualities and difficulty of disposal of sewage produced; or
(4) on any other equitable basis including any combination of equitable bases referred to in clauses (1) to (3), but specifically excluding use of the basis referred to in subdivision 3b, clause (1); and otherwise without limit.
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Subd. 3b. Storm sewer charges.
Storm sewer charges may be fixed:
(1) by reference to the square footage of the property charged, adjusted for a reasonable calculation of the stormwater runoff; or
(2) by reference to a reasonable classification of the types of premises to which service is furnished; or
(3) by reference to the quantity, pollution qualities, and difficulty of disposal of stormwater runoff produced; or
(4) on any other equitable basis, including any combination of equitable bases referred to in clauses (1) to (3), but specifically excluding use of the basis referred to in subdivision 3a, clause (1); and otherwise without limit.
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Subd. 3c. Minimum charges.
(a) Minimum charges for the availability of water or sewer service may be imposed for all premises abutting on streets or other places where municipal or county water mains or sewers are located, whether or not connected to them.
(b) Minimum charges or user charges collected for waterworks, sanitary sewers, or storm sewers must be used only to pay for items for which charges are authorized in subdivision 3.
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Subd. 3d. Facilities' connection charges.
Charges for connections to the facilities may in the discretion of the governing body be fixed by reference to the portion of the cost of connection which has been paid by assessment of the premises to be connected, in comparison with other premises, as well as the cost of making or supervising the connection.
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Subd. 3e. Who may be charged; unpaid charges.
The governing body may make the charges a charge against the owner, lessee, occupant or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected.
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Subd. 3f. Tax levies for public charges.
The governing body may fix and levy taxes for the payment of reasonable charges to the municipality or county itself for the use and availability of the facilities for fire protection, for maintaining sanitary conditions, and for proper stormwater drainage in and for public buildings, parks, streets, and other public places.
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Subd. 3g. Reasonableness of charges.
In determining the reasonableness of the charges to be imposed, the governing body may give consideration to all costs of the establishment, operation, maintenance, depreciation and necessary replacements of the system, and of improvements, enlargements and extensions necessary to serve adequately the territory of the municipality or county including the principal and interest to become due on obligations issued or to be issued and the costs of obtaining and complying with permits required by law.
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Subd. 3h. When charges are not unreasonable.
When net revenues have been appropriated to the payment of the cost of the establishment, or of any specified replacement, improvement, enlargement or extension, or to pay the principal and interest due on obligations to be issued for such purpose, no charges imposed to produce net revenues adequate for the purpose shall be deemed unreasonable by virtue of the fact that the project to be financed has not been commenced or completed, if proceedings for it are taken with reasonable dispatch and the project, when completed, may be expected to make service available to the premises charged which will have a value reasonably commensurate with the charges.
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Subd. 3i. Collections first for current costs.
All charges, when collected, and all moneys received from the sale of any facilities or equipment or any by-products, shall be placed in a separate fund, and used first to pay the normal, reasonable and current costs of operating and maintaining the facilities.
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Subd. 3j. Excess net revenues may be used for debt.
The net revenues received in excess of the costs may be pledged by resolutions of the governing body, or may be used though not so pledged, for the payment of principal and interest on obligations issued as provided in subdivision 2, or to pay the portion of the principal and interest as may be directed in the resolutions, and net revenues derived from any facilities of the types listed in subdivision 1a, whether or not financed by the issuance of the obligations, may be pledged or used to pay obligations issued for other facilities of the same types.
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Subd. 3k. Covenants to secure debt payments.
In resolutions authorizing the issuance of either general or special obligations and pledging net revenues to them, the governing body may make covenants for the protection of holders of the obligations and taxpayers of the municipality or county as it deems necessary, including, but without limitation, a covenant that the municipality or county will impose and collect charges of the nature authorized by this section at the times and in the amounts required to produce, together with any taxes or special assessments designated as a primary source of payment of the obligations, net revenues adequate to pay all principal and interest when due on the obligations and to create and maintain reserves securing the payments as may be provided in the resolutions.
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Subd. 3l. Enforceability of covenant.
When a covenant is made it shall be enforceable by appropriate action on the part of any holder of the obligations or any taxpayer of the municipality or county in a court of competent jurisdiction, and the obligations shall be deemed to be payable wholly from the income of the system whose revenues are so pledged, within the meaning of sections
Minn. Stat. § 103I.005
103I.005 DEFINITIONS.
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Subdivision 1. Applicability.
The definitions in this chapter apply to this chapter.
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Subd. 1a. Bored geothermal heat exchanger.
"Bored geothermal heat exchanger" means an earth-coupled heating or cooling device consisting of a sealed closed-loop piping system installed in a boring in the ground to transfer heat to or from the surrounding earth with no discharge.
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Subd. 2. Boring.
"Boring" means a hole or excavation that includes exploratory borings, bored geothermal heat exchangers, temporary borings, and elevator borings.
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Subd. 2a. Certified representative.
"Certified representative" means a person certified by the commissioner to represent a well contractor, limited well/boring contractor, environmental well contractor, or elevator boring contractor.
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Subd. 3. Commissioner.
"Commissioner" means the commissioner of health.
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Subd. 4. Department.
"Department" means the Department of Health.
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Subd. 4a. Dewatering well.
"Dewatering well" means a nonpotable well used to lower groundwater levels to allow for construction or use of underground space. A dewatering well does not include:
(1) an excavation 25 feet or less in depth for temporary dewatering during construction; or
(2) a well used to lower groundwater levels for control or removal of groundwater contamination.
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Subd. 5. Drive point well.
"Drive point well" means a well constructed by forcing a pointed well screen, attached to sections of pipe, into the ground with the screen and casing forced or driven into the ground with a hammer, maul, or weight.
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Subd. 6. Elevator boring.
"Elevator boring" means a bore hole, jack hole, drilled hole, or excavation constructed to install an elevator hydraulic cylinder.
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Subd. 7. Elevator boring contractor.
"Elevator boring contractor" means a person with an elevator boring contractor's license issued by the commissioner.
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Subd. 8.
[Repealed, 1Sp2017 c 6 art 10 s 148 ]
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Subd. 8a. Environmental well.
"Environmental well" means an excavation 15 or more feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed to:
(1) conduct physical, chemical, or biological testing of groundwater, and includes a groundwater quality monitoring or sampling well;
(2) lower a groundwater level to control or remove contamination in groundwater, and includes a remedial well and excludes horizontal trenches; or
(3) monitor or measure physical, chemical, radiological, or biological parameters of the earth and earth fluids, or for vapor recovery or venting systems. An environmental well includes an excavation used to:
(i) measure groundwater levels, including a piezometer;
(ii) determine groundwater flow direction or velocity;
(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or resistance;
(iv) obtain samples of geologic materials for testing or classification; or
(v) remove or remediate pollution or contamination from groundwater or soil through the use of a vent, vapor recovery system, or sparge point.
An environmental well does not include an exploratory boring.
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Subd. 8b. Environmental well contractor.
"Environmental well contractor" means a person with an environmental well contractor's license issued by the commissioner.
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Subd. 9. Exploratory boring.
"Exploratory boring" means a surface drilling done to explore or prospect for oil, natural gas, apatite, diamonds, graphite, gemstones, kaolin clay, and metallic minerals, including iron, copper, zinc, lead, gold, silver, titanium, vanadium, nickel, cadmium, molybdenum, chromium, manganese, cobalt, zirconium, beryllium, thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and niobium, and a drilling or boring for petroleum.
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Subd. 10. Explorer.
"Explorer" means a person with an explorer's license issued by the commissioner.
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Subd. 11. Groundwater thermal exchange device.
"Groundwater thermal exchange device" means a heating or cooling device that depends on extraction and reinjection of groundwater from an independent aquifer to operate.
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Subd. 12. Limited well/boring contractor.
"Limited well/boring contractor" means a person with a limited well/boring contractor's license issued by the commissioner. Limited well/boring contractor's licenses are issued for:
(1) constructing, repairing, and sealing bored geothermal heat exchangers;
(2) installing, repairing, and modifying pitless units and pitless adaptors, well casings above the pitless unit or pitless adaptor, well screens, well diameters, and well pumps and pumping equipment;
(3) constructing, repairing, and sealing dewatering wells; and
(4) sealing wells and borings.
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Subd. 13.
[Repealed, 2005 c 106 s 68 ]
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Subd. 14.
[Repealed, 1Sp2017 c 6 art 10 s 148 ]
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Subd. 15.
[Repealed, 1Sp2017 c 6 art 10 s 148 ]
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Subd. 16. Person.
"Person" means an individual, firm, partnership, association, or corporation or other entity including the United States government, any interstate body, the state, and any agency, department, or political subdivision of the state.
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Subd. 17. Provisions of this chapter.
"Provisions of this chapter" means the sections in this chapter and rules adopted by the commissioner under this chapter.
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Subd. 17a. Submerged closed loop heat exchanger.
"Submerged closed loop heat exchanger" means a heating and cooling device that:
(1) is installed in a water supply well;
(2) utilizes the convective flow of groundwater as the primary medium of heat exchange;
(3) contains water as the heat transfer fluid; and
(4) operates using a nonconsumptive recirculation.
A submerged closed loop heat exchanger includes other necessary appurtenances such as submersible pumps, a heat exchanger, and piping.
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Subd. 17b. Temporary boring.
"Temporary boring" means an excavation that is 15 feet or more in depth, is sealed within 72 hours of the time of construction, and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:
(1) conduct physical, chemical, or biological testing of groundwater, including groundwater quality monitoring;
(2) monitor or measure physical, chemical, radiological, or biological parameters of earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or resistance;
(3) measure groundwater levels, including use of a piezometer; or
(4) determine groundwater flow direction or velocity.
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Subd. 18.
[Repealed, 1991 c 199 art 2 s 29 ; 1991 c 355 s 54 ]
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Subd. 19.
[Repealed, 1990 c 597 s 73 ]
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Subd. 20.
[Repealed, 2013 c 108 art 12 s 109 ]
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Subd. 20a. Water supply well.
"Water supply well" means a well that is not a dewatering well or environmental well and includes wells used:
(1) for potable water supply;
(2) for irrigation;
(3) for agricultural, commercial, or industrial water supply;
(4) for heating or cooling;
(5) for containing a submerged closed loop heat exchanger; and
(6) for testing water yield for irrigation, commercial or industrial uses, residential supply, or public water supply.
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Subd. 21. Well.
"Well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the excavation is intended for the location, diversion, artificial recharge, monitoring, testing, remediation, or acquisition of groundwater. Well includes environmental wells, drive point wells, and dewatering wells. "Well" does not include:
(1) an excavation by backhoe, or otherwise for temporary dewatering of groundwater for nonpotable use during construction, if the depth of the excavation is 25 feet or less;
(2) an excavation made to obtain or prospect for oil, natural gas, minerals, or products of mining or quarrying;
(3) an excavation to insert media to repressure oil or natural gas bearing formations or to store petroleum, natural gas, or other products;
(4) an excavation for nonpotable use for wildfire suppression activities; or
(5) borings.
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Subd. 22. Well disclosure certificate.
"Well disclosure certificate" means a certificate containing the requirements of section 103I.235, subdivision 1 , paragraph (j).
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Subd. 23. Well contractor.
"Well contractor" means a person with a well contractor's license.
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Subd. 23a. Well that is in use.
A "well that is in use" means a well that operates on a daily, regular, or seasonal basis. A well in use includes a well that operates for the purpose of irrigation, fire protection, or emergency pumping.
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Subd. 24. Wellhead protection area.
"Wellhead protection area" means the surface and subsurface area surrounding a well or well field that supplies a public water system, through which contaminants are likely to move toward and reach the well or well field.
History:
1989 c 326 art 3 s 2 ; 1990 c 597 s 16 -20; 1991 c 355 s 6 -8; 1999 c 153 s 1 -3; 2000 c 260 s 15 ; 2005 c 106 s 9 -15; 2006 c 281 art 3 s 16 ; 2008 c 277 art 1 s 5 ; 2013 c 108 art 12 s 11 ,108; 1Sp2017 c 6 art 10 s 1 -8; 1Sp2019 c 9 art 11 s 4 -6; 2023 c 70 art 4 s 5 -7; 1Sp2025 c 3 art 2 s 18
JURISDICTION OVER WELLS AND BORINGS
Minn. Stat. § 115A.912
115A.912 WASTE TIRES; MANAGEMENT.
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Subdivision 1. Purpose.
Money appropriated to the agency for waste tire management may be spent for regulation of permitted waste tire facilities, research and studies to determine the technical and economic feasibility of uses for tire-derived products, and public education on waste tire management.
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Subd. 2.
[Repealed, 1Sp2001 c 2 s 162 ]
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Subd. 3.
[Repealed, 1Sp2001 c 2 s 162 ]
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Subd. 4. Waste tire materials; prohibition.
Materials derived from waste tires may not be used as lightweight fill in the construction of public roads in the state unless the construction plan is prepared by a professional engineer experienced in the geotechnical field and licensed in the state of Minnesota. The plan shall include, but not be limited to, the location, duration, and length of the project, the depth of fill, the depth of cover, the size of waste tire pieces, the plan for encapsulating the waste tire pieces, and the fire protection plan. All engineering specifications must be consistent with the current lightweight tire fill engineering practices as developed for roadways by the Minnesota Department of Transportation.
History:
1984 c 654 art 2 s 97 ; 1988 c 685 s 14 ; 1989 c 335 art 1 s 269 ; 1997 c 216 s 96 ; 1999 c 73 s 5 ; 1Sp2001 c 2 s 126 ; 2002 c 382 art 1 s 2
Minn. Stat. § 142B.72
142B.72 FAMILY CHILD CARE PHYSICAL SPACE REQUIREMENTS.
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Subdivision 1. Means of escape.
(a) At least one emergency escape route separate from the main exit from the space must be available in: (1) each room used for sleeping by anyone receiving licensed care; and (2) a basement used for child care. One means of escape must be a stairway or door leading to the floor of exit discharge. The other must be a door or window leading directly outside. A window used as an emergency escape route must be openable without special knowledge.
(b) In homes with construction that began before March 31, 2020, the interior of the window leading directly outside must have a net clear opening area of not less than 4.5 square feet or 648 square inches and have minimum clear opening dimensions of 20 inches wide and 20 inches high. The net clear opening dimensions shall be the result of normal operation of the opening. The opening must be no higher than 48 inches from the floor. The height to the window may be measured from a platform if a platform is located below the window.
(c) In homes with construction that began on or after March 31, 2020, the interior of the window leading directly outside must have minimum clear opening dimensions of 20 inches wide and 24 inches high. The net clear opening dimensions shall be the result of normal operation of the opening. The opening must be no higher than 44 inches from the floor.
Additional requirements are dependent on the distance of the openings from the ground outside the window: (1) windows or other openings with a sill height not more than 44 inches above or below the finished ground level adjacent to the opening (grade-floor emergency escape and rescue openings) must have a minimum opening of five square feet; and (2) non-grade-floor emergency escape and rescue openings must have a minimum opening of 5.7 square feet.
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Subd. 2. Door to attached garage.
(a) If there is an opening between an attached garage and a day care residence, there must be a door that is:
(1) a solid wood bonded-core door at least 1-3/8 inches thick;
(2) a steel insulated door at least 1-3/8 inches thick; or
(3) a door with a fire protection rating of 20 minutes.
(b) The separation wall on the garage side between the residence and garage must consist of 1/2-inch-thick gypsum wallboard or its equivalent.
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Subd. 3. Heating and venting systems.
(a) Notwithstanding Minnesota Rules, part
Minn. Stat. § 144E.52
144E.52 .
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Subd. 2. Authority to establish.
(a) Two or more political subdivisions may establish, by resolution of their governing bodies, a special taxing district to provide fire protection or emergency medical services, or both, in the area of the district, comprising the jurisdiction of each of the political subdivisions forming the district. For a county that participates in establishing a district, the county's jurisdiction comprises the unorganized territory of the county that it designated in its resolution for inclusion in the district. The area of the special taxing district need not be contiguous or its boundaries continuous.
(b) Before establishing a district under this section, the participating political subdivisions must enter into an agreement that specifies how any liabilities, other than debt issued under subdivision 6, and assets of the district will be distributed if the district is dissolved. The agreement may also include other terms, including a method for apportioning the levy of the district among participating political subdivisions under subdivision 4, paragraph (b), as the political subdivisions determine appropriate. The agreement must be adopted no later than upon passage of the resolution establishing the district under paragraph (a), but may be later amended by agreement of each of the political subdivisions participating in the district.
(c) If two or more political subdivisions that currently operate separate fire departments seek to merge fire departments into one fire department, or if a political subdivision with an existing fire department requests to join a special taxing district with an established fire department, the resolution under paragraph (a) or agreement under paragraph (b) must specify which, if any, volunteer firefighter pension plan is associated with the district. A special taxing district that operates a fire department under this section may be associated with only one firefighters relief association or one account in the statewide volunteer firefighter plan at one time.
(d) If the special taxing district includes the operation of a fire department, it must file its resolution establishing the fire protection special taxing district, and any agreements required for the establishment of the special taxing district, with the commissioner of revenue, including any subsequent amendments. If the resolution or agreement does not include sufficient information defining the fire department service area of the fire protection special taxing district, the secretary of the district board must file a written statement with the commissioner defining the fire department service area.
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Subd. 3. Board.
The special taxing district established under this section is governed by a board made up initially of representatives of each participating political subdivision in the proportions set out in the establishing resolution, subject to change as provided in the district's charter, if any, or in the district's bylaws. Each participating political subdivision's representative must be an elected member of the governing body of the political subdivision and shall serve at the pleasure of that participant's governing body.
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Subd. 4. Property tax levy authority.
(a) The district's board may levy a tax on the taxable real and personal property in the district. The proceeds of the levy must be used as provided in subdivision 5. The board shall certify the levy at the times as provided under section
Minn. Stat. § 144G.81
144G.81 ADDITIONAL REQUIREMENTS: ASSISTED LIVING FACILITIES WITH DEMENTIA CARE; ASSISTED LIVING FACILITIES WITH SECURED DEMENTIA CARE UNITS.
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Subdivision 1. Fire protection and physical environment.
An assisted living facility with dementia care must meet the requirements of section
Minn. Stat. § 169.40
169.40 FIRE TRUCK; FIRE STATION.
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Subdivision 1. Following fire truck; parking at fire scene.
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into or park such vehicle within the block where a fire apparatus has stopped in answer to a fire alarm.
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Subd. 2. Fire station entrance.
No person shall drive a vehicle within 50 feet of the driveway entrance to any fire station while a fire apparatus is being driven into the fire station unless on official business.
History:
( 2720-225 ) 1937 c 464 s 75 ; 1967 c 281 s 1 ; 1986 c 444
Minn. Stat. § 231.08
231.08 WAREHOUSE OPERATOR AND HOUSEHOLD GOODS WAREHOUSE OPERATOR REQUIREMENTS.
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Subdivision 1. To furnish information.
Every warehouse operator and household goods warehouse operator shall furnish all information required by the department to administer this chapter and make specific answers to all questions submitted by the department, under oath. A warehouse operator or household goods warehouse operator which is a corporation shall answer under the oath of one of its duly authorized officers.
A warehouse operator or household goods warehouse operator shall obey and comply with every order, decision, direction, or rule made or prescribed by the department in the matters specified in this chapter; and do everything necessary or proper to secure the compliance with and the observance of the same, by all its officers, agents, and employees.
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Subd. 2. Rights not limited.
Nothing in this chapter shall be construed as limiting the rights of any warehouse operator or household goods warehouse operator to lease or let for any storage purpose any portion of a building.
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Subd. 3. Tender for storage.
At the time of or prior to tender of goods for storage by a depositor, a storage order must be signed in writing by the depositor or the depositor's duly authorized representative and must show the name and address of the warehouse operator in whose custody the goods are to be deposited.
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Subd. 4. Identification of goods.
A warehouse operator who receives a lot of goods must identify each article or lot by tag or lot number, as recorded on the operator's books and on the warehouse receipt or contract.
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Subd. 5. Fire protection.
All warehouses must be protected against fire in accordance with the State Fire Code.
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Subd. 6. Floor load.
A warehouse floor or part of a floor must not at any time be loaded or stored with a greater weight of goods or materials per square foot than the floor will sustain with safety. If the department directs a warehouse operator to ascertain from a competent registered architect or engineer or from the proper municipal authorities what may be the safe load capacity in pounds per square foot of each floor of the operator's warehouse or warehouses, the operator must do so without unnecessary delay and must post signs in several conspicuous places on each floor stating the safe live load that floor will sustain.
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Subd. 7. Storage conditions.
(a) On each floor where there is open storage of goods, wares, or merchandise, there must be aisles wide enough to permit the free and unimpeded passage of goods, wares, or merchandise. All aisles must be kept free from obstructions, dust, and litter.
(b) Pieces of overstuffed furniture, mattresses, rugs, carpets, and other goods not stored in containers must be protected by wrapping before being placed in permanent storage.
History:
( 5174 ) 1915 c 210 s 3 ; 1971 c 25 s 67 ; 1985 c 248 s 70 ; 1986 c 444 ; 1999 c 110 s 4 ; 2005 c 92 s 1 -5; 2005 c 136 art 9 s 2
Minn. Stat. § 241.105
241.105 SOCIAL SECURITY ADMINISTRATION INCENTIVE PAYMENTS; INMATE DISCHARGE PLANNING.
Money received by the commissioner of corrections from the Social Security Administration as a result of the incentive payment agreement under the Personal Responsibility and Work Opportunity Reconciliation Act, Public Law 104-193, section 1611(e)(1), and Public Law 106-170, section 202(x)(3), is appropriated to the commissioner of corrections for discharge planning for inmates with mental illness.
History:
2006 c 260 art 4 s 6
FIRE PROTECTION
Minn. Stat. § 245D.22
245D.22 FACILITY SANITATION AND HEALTH.
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Subdivision 1. General maintenance.
The license holder must maintain the interior and exterior of buildings, structures, or enclosures used by the facility, including walls, floors, ceilings, registers, fixtures, equipment, and furnishings in good repair and in a sanitary and safe condition. The facility must be clean and free from accumulations of dirt, grease, garbage, peeling paint, mold, vermin, and insects. The license holder must correct building and equipment deterioration, safety hazards, and unsanitary conditions.
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Subd. 2. Hazards and toxic substances.
(a) The license holder must ensure that service sites owned or leased by the license holder are free from hazards that would threaten the health or safety of a person receiving services by ensuring the requirements in paragraphs (b) to (h) are met.
(b) Chemicals, detergents, and other hazardous or toxic substances must not be stored with food products or in any way that poses a hazard to persons receiving services.
(c) The license holder must install handrails and nonslip surfaces on interior and exterior runways, stairways, and ramps according to the applicable building code.
(d) If there are elevators in the facility, the license holder must have elevators inspected each year. The date of the inspection, any repairs needed, and the date the necessary repairs were made must be documented.
(e) The license holder must keep stairways, ramps, and corridors free of obstructions.
(f) Outside property must be free from debris and safety hazards. Exterior stairs and walkways must be kept free of ice and snow.
(g) Heating, ventilation, air conditioning units, and other hot surfaces and moving parts of machinery must be shielded or enclosed.
(h) Use of dangerous items or equipment by persons served by the program must be allowed in accordance with the person's support plan addendum or the program abuse prevention plan, if not addressed in the support plan addendum.
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Subd. 3. Storage and disposal of medication.
Schedule II controlled substances in the facility that are named in section 152.02, subdivision 3 , must be stored in a locked storage area permitting access only by persons and staff authorized to administer the medication. This must be incorporated into the license holder's medication administration policy and procedures required under section 245D.11, subdivision 2 , clause (3). Medications must be disposed of according to the Environmental Protection Agency recommendations.
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Subd. 4. First aid must be available on site.
(a) A staff person trained in first aid must be available on site and, when required in a person's support plan or support plan addendum, be able to provide cardiopulmonary resuscitation, whenever persons are present and staff are required to be at the site to provide direct service. The CPR training must include instruction, hands-on practice, and an observed skills assessment under the direct supervision of a CPR instructor.
(b) A facility must have first aid kits readily available for use by, and that meet the needs of, persons receiving services and staff. At a minimum, the first aid kit must be equipped with accessible first aid supplies including bandages, sterile compresses, scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap, adhesive tape, and first aid manual.
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Subd. 5. Emergencies.
(a) The license holder must have a written plan for responding to emergencies as defined in section 245D.02, subdivision 8 , to ensure the safety of persons served in the facility. The plan must include:
(1) procedures for emergency evacuation and emergency sheltering, including:
(i) how to report a fire or other emergency;
(ii) procedures to notify, relocate, and evacuate occupants, including use of adaptive procedures or equipment to assist with the safe evacuation of persons with physical or sensory disabilities; and
(iii) instructions on closing off the fire area, using fire extinguishers, and activating and responding to alarm systems;
(2) a floor plan that identifies:
(i) the location of fire extinguishers;
(ii) the location of audible or visual alarm systems, including but not limited to manual fire alarm boxes, smoke detectors, fire alarm enunciators and controls, and sprinkler systems;
(iii) the location of exits, primary and secondary evacuation routes, and accessible egress routes, if any; and
(iv) the location of emergency shelter within the facility;
(3) a site plan that identifies:
(i) designated assembly points outside the facility;
(ii) the locations of fire hydrants; and
(iii) the routes of fire department access;
(4) the responsibilities each staff person must assume in case of emergency;
(5) procedures for conducting quarterly drills each year and recording the date of each drill in the file of emergency plans;
(6) procedures for relocation or service suspension when services are interrupted for more than 24 hours;
(7) for a community residential setting with three or more dwelling units, a floor plan that identifies the location of enclosed exit stairs; and
(8) an emergency escape plan for each resident.
(b) The license holder must:
(1) maintain a log of quarterly fire drills on file in the facility;
(2) provide an emergency response plan that is readily available to staff and persons receiving services;
(3) inform each person of a designated area within the facility where the person should go for emergency shelter during severe weather and the designated assembly points outside the facility; and
(4) maintain emergency contact information for persons served at the facility that can be readily accessed in an emergency.
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Subd. 6. Emergency equipment.
The facility must have a flashlight and a portable radio or television set that do not require electricity and can be used if a power failure occurs.
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Subd. 7. Telephone and posted numbers.
A facility must have a non-coin-operated telephone that is readily accessible. A list of emergency numbers must be posted in a prominent location. When an area has a 911 number or a mental health crisis intervention team number, both numbers must be posted and the emergency number listed must be 911. In areas of the state without a 911 number, the numbers listed must be those of the local fire department, police department, emergency transportation, and poison control center. The names and telephone numbers of each person's representative; physician, advanced practice registered nurse, or physician assistant; and dentist must be readily available.
History:
2013 c 108 art 8 s 38 ; 2015 c 71 art 7 s 20 ; 2019 c 50 art 1 s 66 ; 2020 c 115 art 4 s 83 ; 2022 c 58 s 103 ; 2022 c 98 art 17 s 26
COMMUNITY RESIDENTIAL SETTINGS
Minn. Stat. § 252.291
252.291 .
(b) Class B supervised living facilities shall be classified as follows for purposes of the State Building Code:
(1) Class B supervised living facilities for six or less persons must meet Group R, Division 3, occupancy requirements; and
(2) Class B supervised living facilities for seven to 16 persons must meet Group R, Division 1, occupancy requirements.
(c) Class B facilities classified under paragraph (b), clauses (1) and (2), must meet the fire protection provisions of chapter 21 of the 1985 Life Safety Code, NFPA 101, for facilities housing persons with impractical evacuation capabilities, except that Class B facilities licensed prior to July 1, 1990, need only continue to meet institutional fire safety provisions. Class B supervised living facilities shall provide the necessary physical plant accommodations to meet the needs and functional disabilities of the residents. For Class B supervised living facilities licensed after July 1, 1990, and housing nonambulatory or nonmobile persons, the corridor access to bedrooms, common spaces, and other resident use spaces must be at least five feet in clear width, except that a waiver may be requested in accordance with Minnesota Rules, part
Minn. Stat. § 275.07
275.07 . The board shall provide the county with whatever information is necessary to identify the property that is located within the district. If the boundaries include a part of a parcel, the entire parcel shall be included in the district. The county auditors must spread, collect, and distribute the proceeds of the tax at the same time and in the same manner as provided by law for all other property taxes.
(b) As an alternative to paragraph (a), the board may apportion its levy among the political subdivisions that are members of the district under a formula or method, with factors such as population, number of service calls, costs of providing service, the market value of improvements, or other measures approved by the governing body of each of the participating political subdivisions. The amount of the levy allocated to each political subdivision must be added to that political subdivision's levy and spread at the same time and in the same manner as provided by law for all other property taxes. The proceeds of the levy must be collected and remitted to the district and used as provided in subdivision 5.
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Subd. 5. Use of levy proceeds.
The proceeds of property taxes levied under this section must be used to provide fire protection, emergency medical services, or both, to residents of the district and property located in the district, as well as to pay debt issued under subdivision 6. Services may be provided by employees of the district or by contracting for services provided by other governmental or private entities.
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Subd. 6. Debt.
(a) The district may incur debt under chapter 475 when the board determines doing so is necessary to accomplish its duties.
(b) In addition, the district board may issue certificates of indebtedness or capital notes under section
Minn. Stat. § 299F.035
299F.035 FIRE DEPARTMENT USE OF CRIMINAL HISTORY DATA.
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Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Minnesota criminal history" means adult convictions and juvenile adjudications.
(c) "Fire department" has the meaning given in section 299N.01, subdivision 2 .
(d) "Private data" has the meaning given in section 13.02, subdivision 12 .
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Subd. 2. Plan for access to data.
(a) A background check must be conducted on all applicants for employment and may be conducted on current employees at a fire department. The fire chief must conduct a Minnesota criminal history record check. For applicants for employment who have lived in Minnesota for less than five years, or on the request of the fire chief, a national criminal history record check must also be conducted.
(b) For a Minnesota criminal history record check, the fire chief must either (1) submit the signed informed consent of the applicant or employee and the required fee to the superintendent, or (2) submit the signed informed consent to the chief of police. The superintendent or chief must retrieve Minnesota criminal history data and provide the data to the fire chief for review.
(c) For a national criminal history record check, the fire chief must submit the signed informed consent and fingerprints of the applicant or employee, and the required fee, to the superintendent. The superintendent may exchange the fingerprints with the Federal Bureau of Investigation to obtain the individual's national criminal history record information. The superintendent must return the results of the national criminal history record check to the fire chief for the purpose of determining if the applicant is qualified to be employed or if a current employee is able to retain the employee's position.
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Subd. 3. Relation of conviction to fire protection.
Criminal history data may be used in assessing fire department job applicants or employees only if the criminal history data are directly related to the position of employment sought or currently held.
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Subd. 4. Determination of relationship.
In determining if criminal history data are directly related to the position of employment, the hiring or employing authority may consider:
(1) the nature and seriousness of the criminal history data on the job applicant or employee;
(2) the relationship of the criminal history data to the purposes of regulating the position of employment; and
(3) the relationship of the criminal history data to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment.
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Subd. 5. Uniformity of application; frequency.
A fire department hiring or employing authority that obtains access to criminal history data under this section must use uniform access procedures that apply to all applicants or employees. With respect to current employees, a hiring or employing authority may request private data only if at least one year has elapsed since access to the data was previously requested.
History:
1989 c 290 art 8 s 1 ; 2010 c 259 s 1 ; 2013 c 82 s 31 ,32
Minn. Stat. § 299F.036
299F.036 FIREFIGHTER; PREVIOUS EMPLOYMENT INVESTIGATION.
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Subdivision 1. Previous employment investigations authorized.
The fire chief or administrative head of a fire department as defined under section 299F.092, subdivision 6 , may conduct a previous employment investigation on an applicant for a fire protection service position.
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Subd. 2. Disclosure of employment information.
(a) Upon request of a fire chief or an administrative head, an employer shall disclose or otherwise make available for inspection employment information of an employee or former employee who is the subject of an investigation under subdivision 1. The request for disclosure of employment information must be in writing, must be accompanied by an original authorization and release signed by the employee or former employee, and must be signed by the fire chief or administrative head conducting the previous employment investigation.
(b) Upon request, the fire chief or administrative head shall disclose to the applicant the information obtained under this subdivision.
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Subd. 3. Refusal to disclose personnel record.
If an employer refuses to disclose employment information in accordance with this section, upon request the district court may issue an ex parte order directing the disclosure of the employment information. The request must be made by the fire chief or administrative head conducting the investigation and must include a copy of the original request for disclosure made upon the employer or former employer and the authorization and release signed by the employee or former employee. The request must be signed by the fire chief or administrative head requesting the order and an attorney representing the state or the political subdivision on whose behalf the investigation is being conducted. It is not necessary for the request or the order to be filed with the court administrator. Failure to comply with the court order subjects the person who fails to comply to civil or criminal contempt of court.
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Subd. 4. Immunity from liability.
In the absence of fraud or malice, an employer is immune from civil liability for employment information released to a fire department under this section, or for any subsequent publication made by the employee or former employee of information released to a fire department under this section.
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Subd. 5. Confidentiality agreements.
If employment information is subject to a confidentiality agreement between the employee or former employee and the employer, the employer shall disclose the fact that such an agreement exists. If the employee or former employee has authorized the release of employment information without regard to any previous agreement to the contrary, the employer shall also disclose the employment information according to subdivision 2. If employment information is sealed or otherwise subject to a nondisclosure order by a court of competent jurisdiction, the employer shall disclose the fact that this order exists, along with information identifying the court and court's file number.
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Subd. 6. Employment information defined.
For purposes of this section, "employment information" means written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, and eligibility for rehire.
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Subd. 7. Application.
For purposes of this section, "employer" does not include an entity that is subject to chapter 13.
History:
1999 c 197 s 1
Minn. Stat. § 299F.3605
299F.3605 PETROLEUM REFINERIES.
(a) As used in this section, "petroleum refinery" has the meaning given in section 115C.02, subdivision 10a .
(b) By January 1, 2022, each petroleum refinery operating in the state shall maintain or contract for a full-time paid on-site fire department regularly charged with the responsibility of providing fire protection to the refinery that is sufficiently trained, equipped, and staffed to respond to fires at the refinery and to conduct inspections to prevent fires.
History:
1Sp2021 c 11 art 2 s 18
FIRE PROTECTION
Minn. Stat. § 299M.01
299M.01 DEFINITIONS.
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Subdivision 1. Scope.
For the purposes of this chapter, the following terms have the meanings given them in this section.
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Subd. 2. Apprentice sprinkler fitter.
"Apprentice sprinkler fitter" means a person, other than a fire protection contractor or journeyman sprinkler fitter, who is regularly engaged in learning the trade under the direct supervision of a licensed fire protection contractor or journeyman sprinkler fitter and is registered with a state or federal approval agency.
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Subd. 3. Commissioner.
"Commissioner" means the commissioner of public safety.
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Subd. 4. Council.
"Council" means the Minnesota Advisory Council on Fire Protection Systems.
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Subd. 5. Department.
"Department" means the Department of Public Safety.
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Subd. 6. Fire protection contractor.
"Fire protection contractor" means a person who contracts to sell, design, install, modify, alter, or inspect a fire protection system or its parts or related equipment.
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Subd. 7. Fire protection system.
"Fire protection system" means a sprinkler, standpipe, hose system, or other special hazard system for fire protection purposes only, that is composed of an integrated system of underground and overhead piping connected to a water source. "Fire protection system" does not include the water service piping to a city water main, or piping used for potable water purposes, or piping used for heating or cooling purposes. Openings from potable water piping for fire protection systems must be made by persons properly licensed under section
Minn. Stat. § 299M.03
299M.03 LICENSE OR CERTIFICATE REQUIRED.
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Subdivision 1. Contractor license.
Except for residential installations by the owner of an occupied one- or two-family dwelling, a person may not sell, design, install, modify, or inspect a fire protection system, its parts, or related equipment, or offer to do so, unless annually licensed to perform these duties as a fire protection contractor. No license is required under this section for a person licensed as a professional engineer under section
Minn. Stat. § 299M.04
299M.04 RULES, FEES, ORDERS, PENALTIES.
The commissioner shall adopt permanent rules for operation of the council; regulation by municipalities; qualifications, examination, and licensing of fire protection contractors; licensing of multipurpose potable water piping system contractors; certification of multipurpose potable water piping system installers; certification of journeyman sprinkler fitters; registration of apprentices; and the administration and enforcement of this chapter. Permit fees must be a percentage of the total cost of the fire protection work.
The commissioner may issue a cease and desist order to cease an activity considered an immediate risk to public health or public safety. The commissioner shall adopt permanent rules governing when an order may be issued; how long the order is effective; notice requirements; and other procedures and requirements necessary to implement, administer, and enforce the provisions of this chapter.
The commissioner, in place of or in addition to licensing sanctions allowed under this chapter, may impose a civil penalty not greater than $1,000 for each violation of this chapter or rule adopted under this chapter, for each day of violation. The commissioner shall adopt permanent rules governing and establishing procedures for implementation, administration, and enforcement of this paragraph.
History:
1992 c 508 s 4 ; 1996 c 305 art 3 s 31 ; 1998 c 367 art 11 s 14 ; 1999 c 250 art 3 s 26 ; 1Sp2003 c 2 art 4 s 20
Minn. Stat. § 299M.08
299M.08 MISDEMEANOR.
It is a misdemeanor for any person to intentionally commit or direct another person to commit either of the following acts:
(1) to make a false statement in a license application, request for inspection, certificate, or other form or statement authorized or required under this chapter; or
(2) to perform fire protection system work without a proper permit, when required, or without a license or certificate for that work.
History:
1992 c 508 s 8 ; 1998 c 367 art 11 s 15
Minn. Stat. § 299M.11
299M.11 FEES.
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Subdivision 1. Licensing fee.
A person required to be licensed under section 299M.03, subdivision 1 or 1a, shall, before receipt of the license and before causing fire protection-related work or multipurpose potable water piping system work to be performed, pay the commissioner an annual license fee.
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Subd. 2. Certification fee.
Employees required to be certified under section 299M.03, subdivision 2 or 3, shall, before performing fire protection-related work or multipurpose potable water piping system work, pay the commissioner an annual certification fee.
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Subd. 3. Registration fee.
Employees required to be registered under section 299M.03, subdivision 2 , shall, before performing fire protection-related work, pay the commissioner an annual registration fee.
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Subd. 4. Surcharge fee.
Before beginning fire protection-related work, a fire protection contractor shall pay a project surcharge fee to the commissioner based on a percentage of the total costs of the fire protection-related work.
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Subd. 5. Deposit of fees.
Fees collected under this section must be deposited in the state treasury and credited to the general fund.
History:
1992 c 508 s 11 ; 1Sp2003 c 2 art 4 s 21 ,22
Minn. Stat. § 299N.01
299N.01 , subdivision 2, that are directly engaged in the hazards of firefighting. Full-time firefighter does not include a volunteer, part-time, or paid-on-call firefighter.
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Subd. 6. Licensed firefighter.
"Licensed firefighter" means a full-time firefighter, to include a fire department employee, member, supervisor, state employee, or appointed official, who is licensed by the board and charged with the prevention or suppression of fires within the boundaries of the state. Licensed firefighter may also include a volunteer firefighter.
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Subd. 6a. NFPA 1001 standard.
"NFPA 1001 standard" means the standard for firefighter professional qualifications established by the National Fire Protection Association.
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Subd. 7. Volunteer firefighter.
A "volunteer firefighter" means a person who is charged with the prevention or suppression of fires within the boundaries of the state on a volunteer, part-time, or paid-on-call basis. Volunteer firefighter does not include a full-time firefighter.
History:
2009 c 153 s 2 ; 2010 c 229 s 1 ; 2015 c 65 art 4 s 4 -7; 1Sp2019 c 5 art 7 s 6 -9
Minn. Stat. § 325H.03
325H.03 STANDARDS FOR TANNING EQUIPMENT.
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Subdivision 1. Standards for all equipment.
(a) The tanning facility owner or operator must use only tanning equipment manufactured according to Code of Federal Regulations, title 21, part 1040.20. The exact nature of compliance must be based on the standards in effect at the time of manufacture as shown on the device identification label required by Code of Federal Regulations, title 21, part 1010.3.
(b) Each assembly of tanning equipment must be designated for use by only one consumer at a time and must be equipped with a timer that complies with Code of Federal Regulations, title 21, part 1040.20(c)(2). The maximum timer interval may not exceed the manufacturer's maximum recommended exposure time. No timer interval may have an error exceeding plus or minus ten percent of the maximum timer interval for the product.
(c) Tanning equipment must meet the National Fire Protection Association National Electrical Code.
(d) Tanning equipment must include physical barriers to protect consumers from injury induced by touching or breaking the lamps.
(e) The tanning facility owner or operator shall replace defective or damaged lamps, bulbs, or filters with a type intended for use in the affected tanning equipment as specified on the product label and having the same spectral distribution.
(f) The tanning facility owner or operator shall replace ultraviolet lamps and bulbs, which are not otherwise defective or damaged, at a frequency or after a duration of use as may be recommended by the manufacturer of the lamps and bulbs.
(g) The tanning facility owner or operator shall maintain a record of when the bulbs or lamps in each tanning booth or bed were replaced according to paragraphs (e) and (f).
(h) Tanning equipment must have a control that enables the user to manually terminate radiation without pulling the electrical plug or coming in contact with the ultraviolet lamp.
(i) The tanning facility operator shall instruct each user on: (1) the proper position to maintain relative to the tanning lamps; (2) the position of the safety railing, where applicable; (3) the manual switching device to terminate radiation; and (4) maximum time of exposure.
(j) The tanning facility operator shall inspect the facility to ensure that the floors are dry before each individual's use, except that, in an apartment or a condominium, the operator may check the facility periodically.
(k) The tanning facility operator shall monitor the use of the facility to ensure that the interior temperature does not exceed 100 degrees Fahrenheit.
(l) The tanning facility operator shall comply with sanitizing procedures specified by the manufacturer of the tanning equipment between users.
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Subd. 2. Standards for stand-up tanning booths.
In addition to the requirements in subdivision 1, tanning booths designed for stand-up use must comply with the following additional requirements:
(1) booths must have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin;
(2) booths must be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling individual;
(3) access to booths must be of rigid construction; and
(4) booths must be equipped with handrails and nonslip floors.
History:
1993 c 316 s 3
Minn. Stat. § 326B.108
326B.108 PLACES OF PUBLIC ACCOMMODATION SUBJECT TO CODE.
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Subdivision 1. Definition.
For purposes of this section, "place of public accommodation" means a publicly or privately owned facility that is designed for occupancy by 100 or more people and is a sports or entertainment arena, stadium, theater, community or convention hall, special event center, indoor amusement facility or water park, or indoor swimming pool.
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Subd. 2. Application.
Construction, additions, and alterations to a place of public accommodation must be designed and constructed to comply with the State Building Code.
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Subd. 3. Enforcement.
Effective July 1, 2017, in a municipality that has not adopted the code by ordinance under section 326B.121, subdivision 2 , the commissioner shall enforce this section in accordance with section 326B.107, subdivision 1 .
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Subd. 4. Fire protection systems.
If fire protection systems regulated by chapter 299M are required in a place of public accommodation, then those plan reviews and inspections shall be conducted by the state fire marshal.
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Subd. 5. Fire sprinklers required.
Automatic sprinkler systems for fire protection purposes are required in a place of public accommodation if, on or after August 1, 2008:
(1) the facility was constructed, added to, or altered; and
(2) the facility has an occupant load of 300 or more.
History:
2017 c 94 art 2 s 4 ; 1Sp2017 c 7 s 4 ; 1Sp2021 c 10 art 3 s 8 -10
Minn. Stat. § 326B.438
326B.438 MEDICAL GAS SYSTEMS.
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Subdivision 1. Definitions.
(a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Medical gas" means medical gas as defined under the National Fire Protection Association NFPA 99C Standard on Gas and Vacuum Systems.
(c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum system as defined under the National Fire Protection Association NFPA 99C Standard on Gas and Vacuum Systems.
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Subd. 2. License and certification required.
No person shall perform or offer to perform the installation, maintenance, or repair of medical gas systems unless the person obtains a contractor license. An individual shall not engage in the installation, maintenance, or repair of a medical gas system unless the individual possesses a current Minnesota master or journeyworker plumber's license and is certified by the commissioner under rules adopted by the Minnesota Plumbing Board. The certification must be renewed biennially for as long as the certificate holder engages in the installation, maintenance, or repair of medical gas systems.
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Subd. 3. Exemptions.
An individual who on August 1, 2010, possesses a valid certificate meeting the requirements of the American Society of Sanitary Engineering (ASSE) Standard 6010 and is a qualified brazer in accordance with the provisions required in the National Fire Protection Association (NFPA) 99C is exempt from the licensing requirements of subdivision 2 and may install, maintain, and repair a medical gas system. This exemption applies only if the individual maintains a valid certification in accordance with ASSE Standard 6010 and the brazer qualifications in NFPA 99C, and is certified by the commissioner under rules adopted by the Minnesota Plumbing Board.
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Subd. 4. Fees.
For the purpose of calculating fees under section
Minn. Stat. § 326B.964
326B.964 STANDARDS OF INSPECTION.
The engineering standards of boilers and pressure vessels for use in this state shall be those established by Minnesota Rules, chapter 5225, and by the current edition of and addenda to the ASME Code, the National Board Inspection Code, and the National Fire Protection Association's standard NFPA 85 (Boiler and Combustion Systems Hazards Code), as they apply to the construction, operation and care of, in-service inspection and testing, and controls and safety devices.
History:
1957 c 503 s 10 ; Ex1967 c 1 s 6 ; 1969 c 1149 s 1 ; 1973 c 238 s 1 ; 1982 c 379 s 9 ; 2007 c 140 art 9 s 7,27; art 13 s 4 ; 2010 c 287 s 7
Minn. Stat. § 327.31
327.31 DEFINITIONS.
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Subdivision 1. Terms.
Unless clearly indicated otherwise by the context, the terms defined by this section have the meanings given them.
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Subd. 2. Authorized representative.
"Authorized representative" means any person, firm or corporation, or employee thereof, approved or hired by the commissioner of labor and industry to perform inspection services.
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Subd. 3. Manufactured Home Building Code.
"Manufactured Home Building Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June 15, 1976, the standards code promulgated by the American National Standards Institute and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971, or the provisions of the National Fire Protection Association and identified as NFPA 501B, and further revisions adopted by the commissioner of labor and industry.
"Manufactured Home Building Code" means, for manufactured homes constructed after June 14, 1976, the manufactured home construction and safety standards promulgated by the United States Department of Housing and Urban Development which are in effect at the time of the manufactured home's manufacture.
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Subd. 4. Commissioner.
"Commissioner" means the commissioner of labor and industry.
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Subd. 5. Dealer.
"Dealer" means any person engaged in the sale, leasing, or distribution of a manufactured home primarily to persons who purchase or lease for other than resale.
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Subd. 6. Manufactured home.
"Manufactured home" has the meaning provided in Code of Federal Regulations, title 24, section 3280.2.
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Subd. 6a. Individual.
"Individual" means a human being.
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Subd. 7. Person.
"Person" means any individual, limited liability company, corporation, partnership, incorporated or unincorporated association, sole proprietorship, joint stock company, or any other legal or commercial entity.
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Subd. 8. Seal.
"Seal" means a device or insignia issued by the commissioner to be displayed on the manufactured home to evidence compliance with the Manufactured Home Building Code.
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Subd. 9. Support system.
"Support system" means any foundation system or other structural method used for the purpose of supporting a manufactured home at the site of occupancy.
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Subd. 10. Anchoring system.
"Anchoring system" means any method used for the purpose of securing the manufactured home to a foundation system or the ground.
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Subd. 11. Manufactured home installer.
"Manufactured home installer" means any person, firm, or corporation that installs or repairs a manufactured home for others at the site of occupancy.
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Subd. 12. Installation seal.
"Installation seal" means a device or insignia issued by the commissioner to a manufactured home installer to be displayed on the manufactured home to evidence compliance with the commissioner's rules pertaining to manufactured home installations.
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Subd. 13. Label.
"Label" means the approved form of certification required by the secretary or its agents to be affixed to each transportable section of each manufactured home manufactured for sale, after June 14, 1976, to a purchaser in the United States.
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Subd. 14. Manufacturer.
"Manufacturer" means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for sale.
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Subd. 15. Purchaser.
"Purchaser" means the first individual purchasing a manufactured home in good faith for purposes other than resale.
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Subd. 16. Distributor.
"Distributor" means any person engaged in the sale and distribution of manufactured homes for resale.
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Subd. 17. Installation.
"Installation" of a manufactured home means installation or reinstallation, at the site of occupancy, of all portions of a manufactured home, connection of the manufactured home to existing utility connections and installation of support and/or anchoring systems.
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Subd. 18. Secretary.
"Secretary" means the secretary of the United States Department of Housing and Urban Development or the head of any successor agency with responsibility for enforcement of federal laws relating to manufactured homes.
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Subd. 19. Manufactured home accessory structure.
"Manufactured home accessory structure" means a factory built building or structure which is an addition or supplement to a manufactured home and, when installed, becomes a part of the manufactured home.
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Subd. 20. Foundation system.
"Foundation system" means a permanent foundation constructed in conformance with the State Building Code.
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Subd. 21. Used manufactured home.
"Used manufactured home" means a home being offered for sale not less than 24 months after the first purchaser took legal ownership or possession of the home.
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Subd. 22. Seller.
"Seller" means either the homeowner, manufactured home retailer or dealer, broker, or limited dealer or retailer.
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Subd. 23. Modular home.
For the purposes of this section, "modular home" means a one- or two-family dwelling constructed in accordance with applicable standards adopted in Minnesota Rules, chapter 1360 or 1361, and attached to a foundation designed to the State Building Code.
History:
1971 c 409 s 1 ; 1973 c 370 s 1 ; 1974 c 273 s 1 ,2; 1981 c 365 s 1 ; 1993 c 9 s 5 ; 2007 c 140 art 4 s 29 -34; 2010 c 347 art 3 s 57 -59; 1Sp2019 c 1 art 6 s 3 ; 2020 c 99 s 1 ; 1Sp2025 c 6 art 5 s 36
Minn. Stat. § 342.45
342.45 LOWER-POTENCY HEMP EDIBLE MANUFACTURER.
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Subdivision 1. Authorized actions.
A lower-potency hemp edible manufacturer license, consistent with the specific license endorsement or endorsements, entitles the license holder to:
(1) purchase hemp plant parts, hemp concentrate, and artificially derived cannabinoids from cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, cannabis wholesalers, and lower-potency hemp edible manufacturers;
(2) purchase hemp plant parts and propagules from industrial hemp growers licensed under chapter 18K;
(3) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K;
(4) make hemp concentrate;
(5) manufacture artificially derived cannabinoids;
(6) manufacture lower-potency hemp edibles for public consumption;
(7) package and label lower-potency hemp edibles for sale to customers;
(8) sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses;
(9) manufacture, package, and label products containing cannabinoids that are intended for sale outside of the state;
(10) store products containing cannabinoids that are intended for sale outside of the state;
(11) sell products containing cannabinoids that do not qualify as lower-potency hemp edibles but are compliant with the importing state's requirements to customers outside of the state; and
(12) perform other actions approved by the office.
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Subd. 2. All manufacturer operations.
(a) All hemp manufacturing must take place in a facility and on equipment that meets the applicable health and safety requirements established by the office, including requirements for cleaning and testing machinery between production of different products.
(b) A lower-potency hemp edible manufacturer must comply with all applicable packaging, labeling, and testing requirements.
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Subd. 3. Extraction and concentration.
(a) A lower-potency hemp edible manufacturer that creates hemp concentrate or artificially derived cannabinoids must obtain an endorsement from the office.
(b) A lower-potency hemp edible manufacturer seeking an endorsement to create hemp concentrate must inform the office of all methods of extraction and concentration that the manufacturer intends to use and identify the volatile chemicals, if any, that will be involved in the creation of hemp concentrate. A lower-potency hemp edible manufacturer may not use a method of extraction and concentration or a volatile chemical without approval by the office.
(c) A lower-potency hemp edible manufacturer seeking an endorsement to create artificially derived cannabinoids must inform the office of all methods of conversion that the manufacturer will use, including any specific catalysts that the manufacturer will employ, to create artificially derived cannabinoids and the molecular nomenclature of all cannabinoids or other chemical compounds that the manufacturer will create. A business licensed or authorized to manufacture lower-potency hemp edibles may not use a method of conversion or a catalyst without approval by the office.
(d) A lower-potency hemp edible manufacturer must obtain a certification from an independent third-party industrial hygienist or professional engineer approving:
(1) all electrical, gas, fire suppression, and exhaust systems; and
(2) the plan for safe storage and disposal of hazardous substances, including but not limited to any volatile chemicals.
(e) Upon the sale of hemp concentrate or artificially derived cannabinoids to any person, cooperative, or business, a lower-potency hemp edible manufacturer must provide a statement to the buyer that discloses the method of extraction and concentration or conversion used and any solvents, gases, or catalysts, including but not limited to any volatile chemicals involved in that method.
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Subd. 4. Production of consumer products.
(a) A lower-potency hemp edible manufacturer that produces lower-potency hemp edibles must obtain an edible cannabinoid product handler endorsement from the office.
(b) All areas within the premises of a lower-potency hemp edible manufacturer used for producing lower-potency hemp edibles must meet the sanitary standards specified in rules adopted by the office.
(c) A lower-potency hemp edible manufacturer may only add chemicals or compounds approved by the office to hemp concentrate or artificially derived cannabinoids.
(d) Upon the sale of any lower-potency hemp edible to a cannabis business or hemp business, a lower-potency hemp edible manufacturer must provide a statement to the buyer that discloses the product's ingredients, including but not limited to any chemicals or compounds and any major food allergens declared by name.
(e) A lower-potency hemp edible manufacturer shall not add any artificially derived cannabinoid, hemp plant part, or hemp concentrate to a product if the manufacturer of the product holds a trademark to the product's name, except that a lower-potency hemp edible manufacturer may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and if the lower-potency hemp edible manufacturer does not state or advertise to the customer that the final retail lower-potency hemp edible contains a trademarked food product.
(f) A lower-potency hemp edible manufacturer shall not add any cannabis flower, cannabis concentrate, or cannabinoid derived from cannabis flower or cannabis concentrate to a product.
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Subd. 4a. Products intended for sale in other jurisdictions.
(a) A lower-potency hemp edible manufacturer that produces products containing cannabinoids that do not qualify as lower-potency hemp edibles and are intended for sale only in jurisdictions other than Minnesota must obtain a hemp product exporter endorsement from the office.
(b) All areas within the premises of a lower-potency hemp edible manufacturer used for producing products containing cannabinoids that do not qualify as lower-potency hemp edibles must meet the sanitary standards specified in rules adopted by the office.
(c) A lower-potency hemp edible manufacturer must not add any cannabis flower, cannabis concentrate, or cannabinoid derived from cannabis flower or cannabis concentrate to products containing cannabinoids that do not qualify as lower-potency hemp edibles.
(d) All products containing cannabinoids that do not qualify as lower-potency hemp edibles and are intended, distributed, and offered for sale only in jurisdictions other than Minnesota must be physically separated from all lower-potency hemp edibles during the manufacturing, packaging, and labeling process.
(e) All products containing cannabinoids that do not qualify as lower-potency hemp edibles and are intended, distributed, and offered for sale only in jurisdictions other than Minnesota must be tested as provided in section
Minn. Stat. § 353.19
353.19 applies.
(d) The service credit certification must be expressed as a percentage of a full year of service during which an active firefighter rendered at least the minimum level and quantity of fire suppression, emergency response, fire prevention, or fire education duties required by the fire department under the rules and regulations applicable to the fire department. No more than one year of service credit may be certified for a calendar year.
(e) If a firefighter covered by the retirement plan leaves active firefighting service to render active military service that is required to be governed by the federal Uniformed Services Employment and Reemployment Rights Act, as amended, the person must be certified as providing a full year of service credit in each year of the military service, up to the applicable limit of the federal Uniformed Services Employment and Reemployment Rights Act. If the firefighter does not return from the military service in compliance with the federal Uniformed Services Employment and Reemployment Rights Act, the service credits applicable to that military service credit period are forfeited and cancel at the end of the calendar year in which the federal law time limit occurs.
History:
2009 c 169 art 9 s 16 ; 2015 c 68 art 8 s 16 ; 2022 c 65 art 4 s 25 ; 2023 c 47 art 10 s 9 ; 2024 c 102 art 3 s 27
Minn. Stat. § 363A.25
363A.25 , it is a good and valid defense to a complaint or action brought under chapter 363A that the board of trustees of the relief association made a good faith determination that the applicant suffers from an impairment or condition constituting a predictable and unwarranted risk for the relief association if the determination was made following consideration of: (1) the person's medical history; and (2) the report of the physician completing a physical examination of the applicant undertaken at the expense of the relief association.
§
Subd. 4a. Prohibition on receipt of concurrent service credit.
No firefighter may be credited with service credit in a firefighters relief association for the same hours of service for which coverage is already provided in a fund operated pursuant to chapter 353 .
§
Subd. 5. Fire prevention personnel.
(a) If the applicable municipality or municipalities approve, the fire department may employ or otherwise utilize the services of persons as firefighters to perform fire prevention duties and to supervise fire prevention activities.
(b) Volunteer firefighters and paid on-call firefighters serving in fire prevention positions are eligible to be members of the applicable firefighters relief association and to qualify for service pension or other benefit coverage of the relief association on the same basis as fire department personnel who perform fire suppression duties.
(c) Volunteer firefighters and paid on-call firefighters serving in fire prevention positions also are eligible to receive any other benefits under the applicable law or practice for services on the same basis as personnel who are employed to perform fire suppression duties.
§
Subd. 5a.
MS 2022 [Repealed, 2024 c 102 art 2 s 32 ]
§
Subd. 6. Return to active firefighting after break in service.
(a) This subdivision governs the service pension calculation requirements of a firefighter who returns to active service after a break in service and applies to all breaks in service, except that the resumption service requirements of this subdivision do not apply to leaves of absence made available by federal statute, such as the Family Medical Leave Act, United States Code, title 29, section 2691, and the Uniformed Services Employment and Reemployment Rights Act, United States Code, title 38, section 4301, and do not apply to leaves of absence made available by state statute, such as the Parental Leave Act, section
Minn. Stat. § 364.09
364.09 EXCEPTIONS.
(a) This chapter does not apply to the licensing process for peace officers; to law enforcement agencies as defined in section 626.84, subdivision 1 , paragraph (f); to fire protection agencies; to eligibility for a private detective or protective agent license; to the licensing and background study process under chapters 245A and 245C; to the licensing and background investigation process under chapter 240; to eligibility for school bus driver endorsements; to eligibility for special transportation service endorsements; to eligibility for a commercial driver training instructor license, which is governed by section
Minn. Stat. § 365.15
365.15 POLICE, FIRE PROTECTION.
The electors at a town meeting may direct the town board to provide for police or fire protection and get, operate, and keep up police and fire apparatus. The board may act jointly with home rule charter or statutory cities and other towns in getting the apparatus. The electors can also set the amount of money to be raised in one or more years for these purposes. The amount can be changed at a later meeting.
History:
( 1027-1 ) 1927 c 30 s 1 ; 1953 c 57 s 1 ; 1955 c 107 s 1 ; 1961 c 674 s 1 ; 1973 c 123 art 5 s 7 ; 1984 c 562 s 14 ; 1987 c 229 art 8 s 1
Minn. Stat. § 365.17
365.17 JOINT FIRE EQUIPMENT WITH ADJACENT TOWNS.
The town boards of adjacent towns may pool the amounts raised by the towns and jointly get and keep up fire protection apparatus for the use of the towns in common. The town boards shall jointly agree on the terms, conditions, and rules for their joint action. The immediate control of the apparatus may be given to a committee made up of the chairs of the town boards. The joint agreement must not run for more than ten years.
History:
( 1027-3 ) 1927 c 30 s 3 ; 1955 c 107 s 3 ; 1986 c 444 ; 1987 c 229 art 8 s 1
Minn. Stat. § 365.181
365.181 CONTRACTED FIRE SERVICE; COST DATA; ASSESSMENTS.
§
Subdivision 1. From county, city, or volunteers.
A town board may enter into a contract for fire protection and operation and upkeep of fire apparatus with the town's county or a nearby home rule charter or statutory city. The town board may also enter into the same kind of contract with a volunteer fire department or association if the volunteer fire department or association is not, by charter or ordinance, an official part of a city government. The parties shall mutually agree on the terms and conditions of the contract but the contract must not run for more than ten years.
§
Subd. 2. Provider cost data.
A town that has entered into a contract or is negotiating with a municipality for fire services under this section, may ask the municipality for cost data relating to fire protection. The town may also ask for a copy of each existing fire protection contract the municipality has with other political subdivisions. The municipality shall provide the requested data and contracts.
§
Subd. 3. User assessments; notice; procedure.
If a tax is not levied under section
Minn. Stat. § 365.20
365.20 , a county board acts for its unorganized territory. The county board does not need to get authority from the electors of the territory to act. An act of a county board in providing fire protection and levying taxes for that protection in unorganized territory is as valid as a similar act of a town board acting on authority granted by its electors.
§
Subd. 3. Levy for first responder association.
A county board may annually levy taxes on property located within the area of unorganized territory to which a first responder or fire protection association provides first responder services. By July 1 of the levy year, the association must certify to the county board the area of the unorganized township to which the association will provide first responder services during the following calendar year. The proceeds of the levy must be distributed to the association.
History:
1955 c 501 s 1 ,2; 1987 c 229 art 8 s 1 ; 2008 c 366 art 6 s 40
Minn. Stat. § 365.243
365.243 COUNTY FIRE SERVICE TO UNORGANIZED TERRITORY.
§
Subdivision 1. Permissive.
A county may provide fire protection to its unorganized territory and may levy taxes on the property in the unorganized territory for that purpose.
§
Subd. 2. No election needed.
Under sections
Minn. Stat. § 368.85
368.85 FIRE PROTECTION.
§
Subdivision 1. Special fire protection district.
A town may, by resolution adopted by the town board and approved by a majority of the electors residing within the territory affected, establish a special fire protection district within the town in the following manner. The town board shall adopt a resolution particularly describing the territory, district or area which shall constitute a special fire protection district and be entitled to receive fire protection to be paid for from the taxation of the property within the district. Each district shall consist of contiguous and compact territory and be constituted so that at least 25 percent of the total net tax capacity of taxable real property in it consists of property classified as homestead property and buildings or other structures.
§
Subd. 2. Submission at annual meeting; notice.
The resolution shall provide for the submission of the question whether the special fire protection district shall be established to the voters residing within the proposed district at the next annual town meeting or at a special town meeting which the town board may call for that purpose. The notice of the annual or special meeting shall contain a notice that the question will be submitted to the electors residing in the proposed district and a statement that all cost of fire protection for the district will be borne by a tax on the property in it. The meeting shall be held at the usual place of holding town meetings.
§
Subd. 3. Manner of voting.
For the election the town board shall provide a separate ballot box where the electors residing within the proposed district shall deposit their ballots. Only electors residing in the proposed district may vote on the question.
§
Subd. 4. Ballot.
The town board shall provide ballots which shall read "Shall the territory described in the resolution adopted by the town board on the ......... day of............., ......., constitute a special fire protection district?" The question shall be followed with a line with the word "Yes" and an oval or similar target shape after it and another line with the word "No" and an oval or similar target shape after it. The voters shall indicate their choice by placing a mark in one of the target shapes, and a direction to so indicate their choice shall be printed on the ballot.
§
Subd. 5. Counting and canvassing of votes.
The votes cast at the special election in the special ballot box shall be counted and canvassed by the town board or by the judges presiding at the election. If the proposition receives a majority of the votes cast by the electors residing within the proposed district, that result shall be recorded in the minutes of the meeting, and the territory described in the town board's resolution shall then be a special fire protection district.
§
Subd. 6. Tax levy.
The town board shall annually levy a tax in an amount necessary on the net tax capacity of all property located within the district to provide fire protection for it. The tax, with a certified copy of the resolution establishing the district, shall be certified by the town board to the county auditor who shall spread the tax against the property located within the district. The tax shall be collected as other taxes.
§
Subd. 7. Disbursement of funds.
When the tax is collected, it shall be paid to the town and disbursed upon the order of the town board to provide fire protection in the district. The town board may order the money, or part of it, to be paid to a municipality or volunteer fire department which agrees to furnish and has its fire department headquarters located so as to be able to conveniently furnish fire protection to the property within the district.
§
Subd. 8. Plural districts.
More than one special fire protection district may be established in a town. Districts shall be designated by consecutive numbers in the order of their establishment.
§
Subd. 9. Dissolution.
A special fire protection district may be dissolved in the following manner. The town board may submit the question of dissolution of a district at any annual town meeting. It must submit that question at the next annual town meeting on the signed petition of electors residing in the district equal in number to at least one-half of the number of landowners in the district according to the tax record in the county auditor's office filed with the town clerk not less than 45 days before the annual meeting. Notice that the question will be submitted shall be posted by the town clerk in three public places within the special district not less than two weeks before the annual meeting at which it will be submitted. Only voters residing in the district shall vote on the question of dissolution. A separate ballot box shall be provided for votes on the question. The town board shall provide ballots for the question of dissolution which shall be in the same form as provided in subdivision 4 except that the question shall be "Shall Special Fire Protection District No. ..... be dissolved?". If a majority vote of those voting on the question vote in the affirmative, the district shall be dissolved. In that event the results of the election shall be certified by the chair of the town board to the county auditor. There shall be no further special levy for fire protection in the district, but dissolution shall not relieve the property in the special district from any taxes levied under this section before dissolution.
History:
1949 c 204 s 1 -9; 1965 c 18 s 1 ; 1971 c 271 s 2 ; 1973 c 773 s 1 ; 1985 c 301 s 2 ; 1986 c 444 ; 1988 c 719 art 5 s 84 ; 1989 c 329 art 13 s 20 ; 1990 c 401 art 2 s 1 ; 2004 c 228 art 2 s 14 ; 2015 c 70 art 1 s 58
Minn. Stat. § 373.39
373.39 SPENDING FOR FIRE PROTECTION, COMMUNITY PROJECTS.
Any county located outside the metropolitan area as defined in section 473.121, subdivision 2 , may appropriate moneys from its general fund or expend funds received from the federal government under the State and Local Fiscal Assistance Act of 1972 (Title 1, Public Law 92-512) to make grants to cities and towns within the county to be used to provide fire protection, including the construction and equipping of local fire departments, or for other community projects. The grants may be terminated upon expiration of the federal act.
History:
1976 c 144 s 1 ; 1984 c 629 s 1
Minn. Stat. § 412.301
412.301 , paragraph (e), the following rules apply:
(1) the taxable property of the entire district must be used to calculate the percent of estimated market value; and
(2) "the number of voters at the last municipal election" means the sum of the number of voters at the last municipal election for each of the cities that is a member of the district plus the number of registered voters in each town that is a participating member of the district.
§
Subd. 7. Powers.
(a) In addition to authority expressly granted in this section, a special taxing district established under this section may exercise any power that may be exercised by any of its participating political subdivisions that is necessary or reasonable to support the services set out in subdivision 5. These powers include the authority to participate in state programs and to enforce or carry out state laws related to fire protection or emergency medical services, including programs providing state aid, reimbursement or funding of employee benefits, and authorizing local enforcement of state standards including fire protection related programs and political subdivision powers or responsibilities under chapters 299A, 424A, and 477B; sections
Minn. Stat. § 420.09
420.09 EMPLOYEES GRADED.
The commission shall ascertain the duties of each office, position, and employment in the fire protection service of such city and designate by rule as well as may be practicable the grade of each office, employment, or position. The commission shall prescribe standards of fitness and efficiency for each office, position, and employment and for each grade, and adapt its examinations thereto.
History:
( 1933-32 ) 1929 c 57 s 10 ; 1973 c 123 art 5 s 7
Minn. Stat. § 423A.022
423A.022 ; and any other administrative rules related to the fire code, to the extent the special taxing district meets the qualification criteria and requirements of a program.
(b) To the extent the district's authority under this subdivision overlaps with or may conflict with the authority of the participating political subdivision, the agreement under subdivision 2, paragraph (b), must provide for allocation of those powers or responsibilities between the participating political subdivisions and the district, and may provide for resolution of conflicts in the exercise of those powers.
(c) The district may only levy the tax authorized in subdivision 4.
§
Subd. 8. Additions and withdrawals.
(a) Additional political subdivisions may be added to a special taxing district established under this section as provided by the board of the district and agreed to in a resolution of the governing body of the political subdivision proposed to be added. The addition of a political subdivision to the district may not cause the district to be out of compliance with subdivision 2, paragraph (c).
(b) A political subdivision may withdraw from a special taxing district under this section by resolution of its governing body. The political subdivision must notify the board of the special taxing district of the withdrawal by providing a copy of the resolution at least two years in advance of the proposed withdrawal. The taxable property of the withdrawing member is subject to the property tax levy under subdivision 4 for the two taxes payable years following the notice of the withdrawal, unless the board and the withdrawing member agree otherwise by action of their governing bodies. If a political subdivision withdraws from a district for which debt was issued under subdivision 6 when the political subdivision was a participating member, and which is outstanding when the political subdivision withdraws from the district, the taxable property of the withdrawing political subdivision remains subject to the special taxing district levy until the outstanding debt has been paid or defeased. If the district's property tax levy to repay debt was apportioned among the political subdivisions under an alternative formula or method under subdivision 4, paragraph (b), the withdrawing political subdivision is subject to the same percentage of the debt levy as applied in the taxes payable year immediately preceding its withdrawal from the district.
(c) Notwithstanding subdivision 2, if the district is comprised of two political subdivisions and one of the political subdivisions withdraws, the district can continue to exist.
§
Subd. 9. Dissolution.
The special taxing district may be dissolved by resolution approved by a majority vote of the board. If the special taxing district is dissolved, the assets and liabilities may be assigned to a successor entity, if any, or otherwise disposed of for public purposes as provided in the agreement adopted under subdivision 2, paragraph (b), or otherwise agreed to by each participating political subdivision. A district may not be dissolved until all debt issued under subdivision 6 has been paid or defeased.
§
Subd. 10. Reports.
(a) On or before March 15, 2024, and March 15, 2026, the special taxing district shall submit a levy and expenditure report to the commissioner of revenue and to the house of representatives and senate committees with jurisdiction over taxes and property taxes. Each report must include the amount of the district's levies for taxes payable for each of the two previous years and its actual expenditures of those revenues. Expenditures must be reported by general service category and include a separate category for administrative expenses.
(b) On or before March 15, 2024, and March 15, 2026, a political subdivision that has established or joined a special taxing district authorized under this section after June 30, 2021, shall submit a levy and expenditure report to the commissioner of revenue and to the house of representatives and senate committees with jurisdiction over taxes and property taxes. The report must include:
(1) the amount of the political subdivision's levy, and its actual expenditure of the subdivision's levy revenues, including the amount attributable to fire protection and emergency medical services, for taxes payable in each of the two taxes payable years prior to establishing or joining a special taxing district authorized under this section;
(2) the political subdivision's levy, and its actual expenditure of the subdivision's levy revenues, for taxes payable in each of the taxes payable years after establishing or joining a special taxing district authorized under this section, up to and including taxes payable in 2024 and taxes payable in 2026; and
(3) a certification from the political subdivision that the subdivision's levy for each of the taxes payable years after establishing or joining a special taxing district authorized under this section, up to, and including, taxes payable in 2024, and taxes payable in 2026, does not include expenditures for fire protection, emergency medical services, or both, except as provided in subdivision 4, paragraph (b), or those necessary to establish or join a district as provided in this section.
History:
1Sp2001 c 5 art 3 s 8 ; 2005 c 151 art 3 s 19 ; 2006 c 259 art 4 s 3,20 ; 2009 c 88 art 2 s 3,40 ; 2013 c 143 art 14 s 17 ; 2014 c 308 art 2 s 1 ; 1Sp2021 c 14 art 6 s 1 ; 2022 c 55 art 1 s 37 ; 2024 c 102 art 2 s 31
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Minn. Stat. § 424A.01
424A.01 MEMBERSHIP IN A FIREFIGHTERS RELIEF ASSOCIATION.
§
Subdivision 1. Membership eligibility.
(a) A firefighter or any volunteer emergency medical personnel is eligible for membership in a firefighters relief association if the firefighter or volunteer emergency medical personnel satisfies the requirements of paragraph (b) or (c), as applicable, and is not otherwise prohibited from membership under this chapter.
(b) To be eligible for membership in a relief association, a firefighter must be a member of the fire department and:
(1) provide services as a volunteer firefighter or as a paid on-call firefighter, although the firefighter need not exclusively provide services as either a volunteer firefighter or a paid on-call firefighter;
(2) be engaged in providing emergency response services or delivering fire education or prevention services as a member of a fire department;
(3) be trained in or qualified to provide fire suppression duties or to provide fire prevention duties; and
(4) meet any other minimum firefighter and service standards established by the fire department or specified in the articles of incorporation or bylaws of the firefighters relief association.
(c) A volunteer emergency medical personnel is eligible to be a member of the firefighters relief association and to qualify for a service pension or other benefit coverage of the relief association on the same basis as fire department personnel who perform or supervise fire suppression or fire prevention duties if:
(1) the fire department employs or otherwise uses the services of the person solely as volunteer emergency medical personnel to perform emergency medical response duties or supervise emergency medical response activities;
(2) the bylaws of the firefighters relief association authorize the volunteer emergency medical personnel's eligibility; and
(3) the volunteer emergency medical personnel's eligibility is approved by:
(i) the municipality, if the fire department is a municipal department;
(ii) the joint powers board, if the fire department is a joint powers entity; or
(iii) the contracting municipality or municipalities, if the fire department is an independent nonprofit firefighting corporation.
(d) Minors are prohibited from membership in a firefighters relief association.
§
Subd. 2. Status of substitute firefighters.
No person who is serving as a substitute firefighter may be considered to be a firefighter for purposes of chapter 477B or this chapter and no substitute firefighter is authorized to be a member of any firefighters relief association governed by chapter 477B or this chapter.
§
Subd. 3. Status of nonmember volunteer firefighters.
No person who is serving as a firefighter in a fire department but who is not a member of the applicable firefighters relief association is entitled to any service pension or ancillary benefits from the relief association.
§
Subd. 3a.
[Repealed, 1989 c 319 art 10 s 8 ]
§
Subd. 4. Exclusion of persons constituting an unwarranted health risk.
The board of trustees of every relief association may exclude from membership in the relief association all applicants who, due to some medically determinable physical or mental impairment or condition, is determined to constitute a predictable and unwarranted risk of imposing liability for an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension. Notwithstanding any provision of section
Minn. Stat. § 429.021
429.021 LOCAL IMPROVEMENTS, COUNCIL POWERS.
§
Subdivision 1. Improvements authorized.
The council of a municipality shall have power to make the following improvements:
(1) To acquire, open, and widen any street, and to improve the same by constructing, reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking strips of any material, or by grading, graveling, oiling, or otherwise improving the same, including the beautification thereof and including storm sewers or other street drainage and connections from sewer, water, or similar mains to curb lines.
(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and sanitary sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps, lift stations, service connections, and other appurtenances of a sewer system, within and without the corporate limits.
(3) To construct, reconstruct, extend, and maintain steam heating mains.
(4) To install, replace, extend, and maintain street lights and street lighting systems and special lighting systems.
(5) To acquire, improve, construct, reconstruct, extend, and maintain water works systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a water works system, within and without the corporate limits.
(6) To acquire, improve and equip parks, open space areas, playgrounds, and recreational facilities within or without the corporate limits.
(7) To plant trees on streets and provide for their trimming, care, and removal.
(8) To abate nuisances and to drain swamps, marshes, and ponds on public or private property and to fill the same.
(9) To construct, reconstruct, extend, and maintain dikes and other flood control works.
(10) To construct, reconstruct, extend, and maintain retaining walls and area walls.
(11) To acquire, construct, reconstruct, improve, alter, extend, operate, maintain, and promote a pedestrian skyway system. Such improvement may be made upon a petition pursuant to section 429.031, subdivision 3 .
(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote underground pedestrian concourses.
(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote public malls, plazas or courtyards.
(14) To construct, reconstruct, extend, and maintain district heating systems.
(15) To construct, reconstruct, alter, extend, operate, maintain, and promote fire protection systems in existing buildings, but only upon a petition pursuant to section 429.031, subdivision 3 .
(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain highway sound barriers.
(17) To improve, construct, reconstruct, extend, and maintain gas and electric distribution facilities owned by a municipal gas or electric utility.
(18) To purchase, install, and maintain signs, posts, and other markers for addressing related to the operation of enhanced 911 telephone service.
(19) To improve, construct, extend, and maintain facilities for Internet access and other communications purposes, provided that the municipality must:
(i) not discriminate in favor of the municipality's own communications facilities by granting the municipality more favorable or less burdensome terms and conditions than a nonmunicipal service provider with respect to: (A) access and use of public rights-of-way; (B) access and use of municipally owned or controlled conduit, towers, and utility poles; and (C) permitting fees charged to access municipally owned and managed facilities;
(ii) maintain separation between the municipality's role as a regulator over firms that offer services in competition with the services offered by the municipality over the municipality's communications service facilities, and the municipality's role as a competitive provider of services over the municipality's communications service facilities; and
(iii) not share inside information between employees or contractors responsible for executing the municipality's role as a regulator over firms that offer communications services in competition with the communication services offered by the municipality, and employees or contractors responsible for executing the municipality's role as a competitive communications services provider.
(20) To assess affected property owners for all or a portion of the costs agreed to with an electric utility, telecommunications carrier, or cable system operator to bury or alter a new or existing distribution system within the public right-of-way that exceeds the utility's design and construction standards, or those set by law, tariff, or franchise, but only upon petition under section 429.031, subdivision 3 .
(21) To assess affected property owners for repayment of voluntary energy improvement financings under section 216C.436, subdivision 7 , or 216C.437, subdivision 28 .
(22) To construct, reconstruct, alter, extend, operate, maintain, and promote energy improvement projects in existing buildings, provided that:
(i) a petition for the improvement is made by a property owner under section
Minn. Stat. § 444.25
444.25 WATER AVAILABILITY; STANDBY CHARGES.
§
Subdivision 1. Definitions.
For the purpose of this section the following terms have the meanings given them.
(a) "Water availability or standby charge" means an additional charge or fee imposed by a water utility on the owners of structures because the structures are equipped with fire protection systems such as stand pipes, hydrants, or automatic fire protection sprinkler systems.
(b) "Water utility" means the owner or operator of a public or private waterworks, whether authorized under chapter 110A for a rural water user district, section
Minn. Stat. § 462A.073
462A.073 SINGLE-FAMILY MORTGAGE BONDS; LIMITATIONS.
§
Subdivision 1. Definitions.
(a) For purposes of this section, the following terms have the meanings given them.
(b) "Existing housing" means single-family housing that (i) has been previously occupied prior to the first day of the origination period; or (ii) has been available for occupancy for at least 12 months but has not been previously occupied.
(c) "New housing" means single-family housing that has not been previously occupied.
(d) "Origination period" means the period that loans financed with the proceeds of qualified mortgage revenue bonds are available for the purchase of single-family housing. The origination period begins when financing actually becomes available to the borrowers for loans.
(e) "Redevelopment area" means a compact and contiguous area within which the city finds by resolution that 70 percent of the parcels are occupied by buildings, streets, utilities, or other improvements and more than 25 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance.
(f) "Single-family housing" means dwelling units eligible to be financed from the proceeds of qualified mortgage revenue bonds under federal law.
(g) "Structurally substandard" means containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light, ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance.
§
Subd. 2. Limitation; origination period.
(a) During the first ten months of an origination period, the agency may make loans financed with proceeds of mortgage bonds for the purchase of existing housing. Loans financed with the proceeds of mortgage bonds for new housing in the metropolitan area may be made during the first ten months of an origination period only if the new housing is serviced by the regional wastewater treatment system or by a wastewater treatment system operated and maintained by a local unit of government.
(b) Upon expiration of the first ten-month period, the agency may make loans financed with the proceeds of mortgage bonds for the purchase of new and existing housing.
§
Subd. 3.
MS 1998 [Repealed, 1999 c 211 s 17 ]
§
Subd. 4. Limitation; commitments and loans to builders and developers.
The agency may not make available, provide set-asides, or commit to make available proceeds of mortgage bonds for the exclusive use of builders or developers for loans to eligible purchasers for new housing except for new housing described in subdivision 2. This prohibition is in effect for the total origination period.
§
Subd. 5. Reporting requirement.
The agency shall report to the chairs of the appropriate housing-related standing committees or divisions of the state senate and house of representatives by January 1 of each year detailing new housing activity financed with the proceeds of mortgage bonds, including a description of affordable housing initiatives, the number of loans, the average purchase price, average borrower income, and steps taken to encourage loan activity as required in subdivision 3.
History:
1991 c 346 s 1 ; 1992 c 522 s 31 ; 1992 c 545 art 1 s 2 ; 1999 c 211 s 3 ,4; 1Sp2001 c 4 art 4 s 16 ; 2003 c 61 s 3
Minn. Stat. § 462C.071
462C.071 SINGLE-FAMILY MORTGAGE BONDS; LIMITATIONS.
§
Subdivision 1. Definitions.
(a) For purposes of this section, the following terms have the meanings given them.
(b) "Existing housing" means single-family housing that (i) has been previously occupied prior to the first day of the origination period; or (ii) has been available for occupancy for at least 12 months but has not been previously occupied.
(c) "Metropolitan area" means the metropolitan area as defined in section 473.121, subdivision 2 .
(d) "New housing" means single-family housing that has not been previously occupied.
(e) "Origination period" means the period that loans financed with the proceeds of qualified mortgage revenue bonds are available for the purchase of single-family housing. The origination period begins when financing actually becomes available to the borrowers for loans.
(f) "Redevelopment area" means a compact and contiguous area within which the city finds by resolution that 70 percent of the parcels are occupied by buildings, streets, utilities, or other improvements and more than 25 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance.
(g) "Single-family housing" means dwelling units eligible to be financed from the proceeds of qualified mortgage revenue bonds under federal law.
(h) "Structurally substandard" means containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light, ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance.
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Subd. 2. Limitation; origination period.
During the first ten months of an origination period, a city may make loans financed with proceeds of mortgage bonds for the purchase of existing housing. Loans financed with the proceeds of mortgage bonds for new housing in the metropolitan area may be made during the first ten months of an origination period only if at least one of the following conditions is met:
(1) the new housing is located in a redevelopment area;
(2) the new housing is replacing a structurally substandard structure or structures;
(3) the new housing is located on a parcel purchased by the city or conveyed to the city under section 282.01, subdivision 1 ;
(4) the new housing is part of a housing affordability initiative, other than those financed with the proceeds from the sale of bonds, in which federal, state, or local assistance is used to substantially improve the terms of the financing or to substantially write down the purchase price of the new housing; or
(5) the new housing is located in a city that has entered into a housing affordability agreement with the Metropolitan Council.
Upon expiration of the first ten-month period, a city may make loans financed with the proceeds of mortgage bonds for the purchase of new and existing housing.
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Subd. 3. Nonmetropolitan area.
Cities shall initiate steps in the nonmetropolitan areas of the state similar to those required for the metropolitan area under subdivision 2 to encourage loans for existing housing or for new housing under the conditions specified in subdivision 2.
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Subd. 4. Redevelopment area.
A city located within the metropolitan area must submit to the Metropolitan Council the resolution adopted by the governing body of the city finding an area to be a redevelopment area and a map of the redevelopment area.
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Subd. 5. Limitation; commitments and loans to builders and developers.
A city may not make available, provide set-asides, or commit to make available proceeds of mortgage bonds for the exclusive use of builders or developers for loans to eligible purchasers for new housing except for new housing described in subdivision 2, clauses (1) to (3). This prohibition is in effect for the total origination period.
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Subd. 6. Reporting requirement.
A city that provides loans for new housing financed with the proceeds of mortgage bonds shall report to the chairs of the appropriate housing-related standing committees or divisions of the state senate and house of representatives by January 1 of each year detailing new housing activity financed with the proceeds of mortgage bonds, including a description of affordable housing initiatives, the number of loans, the average purchase price, average borrower income, and steps taken to encourage loan activity as required in subdivision 3.
History:
1991 c 346 s 2 ; 1995 c 167 s 5
Minn. Stat. § 463.26
463.26 ;
(4) installation or repair of water service lines, street sprinkling or other dust treatment of streets;
(5) the trimming and care of trees and the removal of unsound trees from any street;
(6) the treatment and removal of insect infested or diseased trees on private property, the repair of sidewalks and alleys;
(7) the operation of a street lighting system;
(8) the operation and maintenance of a fire protection or a pedestrian skyway system;
(9) inspections relating to a municipal housing maintenance code violation;
(10) the recovery of any disbursements under section 504B.445, subdivision 4 , clause (5), including disbursements for payment of utility bills and other services, even if provided by a third party, necessary to remedy violations as described in section 504B.445, subdivision 4 , clause (2); or
(11) MS 2004 [Repealed, 2004 c 275 s 5]
(12) the recovery of delinquent vacant building registration fees under a municipal program designed to identify and register vacant buildings.
(b) The council may by ordinance adopt regulations consistent with this section to make this authority effective, including, at the option of the council, provisions for placing primary responsibility upon the property owner or occupant to do the work personally (except in the case of street sprinkling or other dust treatment, alley repair, tree trimming, care, and removal, or the operation of a street lighting system) upon notice before the work is undertaken, and for collection from the property owner or other person served of the charges when due before unpaid charges are made a special assessment.
(c) A home rule charter city, statutory city, county, or town operating an energy improvements financing program under section
Minn. Stat. § 465.71
465.71 , when funds are available, the board may locate and acquire necessary sites of schoolhouses or enlargements, or additions to existing schoolhouse sites by lease, purchase or condemnation under the power of eminent domain; it may erect schoolhouses on the sites; it may erect or purchase garages for district-owned school buses. When property is taken by eminent domain by authority of this subdivision when needed by the district for such purposes, the fact that the property has been acquired by the owner under the power of eminent domain or is already devoted to public use, shall not prevent its acquisition by the district. The board may sell or exchange schoolhouses or sites, and execute deeds of conveyance thereof.
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Subd. 2. Use of schoolhouses.
The board may authorize the use of any schoolhouses in the district for divine worship, Sunday schools, public meetings, elections, postsecondary instruction, and other community purposes that, in its judgment, will not interfere with their use for school purposes. Before permitting any of these uses, the board may require a cash or corporate surety bond in a reasonable amount conditioned for the proper use of the schoolhouse, payment of all rent, and repair of all damage caused by the use. It may determine a reasonable charge for using the schoolhouse.
It may authorize the use of any schoolhouses or buildings owned or leased by the district for primaries, elections, registrations, and related activities if the board determines that the use will not interfere with school purposes. It may impose reasonable regulations and conditions upon the use as may seem necessary and proper.
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Subd. 3. Lease real property.
When necessary, the board may lease real property for school purposes.
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Subd. 4. Lease for nonschool purpose.
(a) The board may lease to any person, business, or organization real property that is not needed for school purposes, or part of the property that is not needed for school purposes if the board determines that leasing part of the property does not interfere with the educational programs taking place on the property. The board may charge and collect reasonable consideration for the lease and may determine the terms and conditions of the lease.
(b) In districts with outstanding bonds, the net proceeds of the lease must be first deposited in the debt retirement fund of the district in an amount sufficient to meet when due that percentage of the principal and interest payments for outstanding bonds that is ascribable to the payment of expenses necessary and incidental to the construction or purchase of the particular building or property that is leased. Any remaining net proceeds in these districts may be deposited in either the debt redemption fund or operating capital account. All net proceeds of the lease in districts without outstanding bonds shall be deposited in the operating capital account of the district.
(c) The board may make capital improvements to the real property, not exceeding in cost the replacement value of the property, to facilitate its rental, and the lease of the improved property, or part of it, shall provide for rentals which will recover the cost of the improvements over the initial term of the lease. Notwithstanding paragraph (b), the portion of the rentals representing the cost of the improvements shall be deposited in the operating capital account of the district and the balance of the rentals shall be used as provided in paragraph (b).
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Subd. 5. Schoolhouse closing.
The board may close a schoolhouse only after a public hearing on the question of the necessity and practicability of the proposed closing. Published notice of the hearing shall be given for two weeks in the official newspaper of the district. The time and place of the meeting, the description and location of the schoolhouse, and a statement of the reasons for the closing must be specified in the notice. Parties requesting to give testimony for and against the proposal shall be heard by the board before it makes a final decision to close or not to close the schoolhouse.
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Subd. 5a. Temporary closing.
A school district that proposes to temporarily close a schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse for three or fewer years is not subject to subdivision 5 if the school board holds a public meeting and allows public comment on the schoolhouse's future.
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Subd. 6. Proceeds of sale or exchange.
(a) Proceeds of the sale or exchange of school buildings or real property of the district must be used as provided in this subdivision.
(b) In districts with outstanding bonds, the proceeds of the sale or exchange shall first be deposited in the debt retirement fund of the district in an amount sufficient to meet when due that percentage of the principal and interest payments for outstanding bonds which is ascribable to the payment of expenses necessary and incidental to the construction or purchase of the particular building or property which is sold.
(c) After satisfying the requirements of paragraph (b), a district with outstanding bonds may deposit proceeds of the sale or exchange in its general fund reserved for operating capital account if the amount deposited is used for the following:
(1) for expenditures for the cleanup of polychlorinated biphenyls, if the method for cleanup is approved by the department;
(2) for capital expenditures for the betterment, as defined in section 475.51, subdivision 8 , of district-owned school buildings; or
(3) to replace the building or property sold.
(d) In a district with outstanding bonds, the amount of the proceeds of the sale or exchange remaining after the application of paragraphs (b) and (c), which is sufficient to meet when due that percentage of the principal and interest payments for the district's outstanding bonds which is not governed by paragraph (b), shall be deposited in the debt retirement fund.
(e) Any proceeds of the sale or exchange remaining in districts with outstanding bonds after the application of paragraphs (b), (c), and (d), and all proceeds of the sale or exchange in districts without outstanding bonds shall be deposited in the general fund reserved for operating capital account of the district.
(f) Notwithstanding paragraphs (c) and (d), a district with outstanding bonds may deposit in its general fund reserved for operating capital account and use for any lawful operating capital expenditure without the reduction of any levy limitation the same percentage of the proceeds of the sale or exchange of a building or property as the percentage of the initial cost of purchasing or constructing the building or property which was paid using revenue from the general fund reserved for operating capital account.
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Subd. 7. Use of buildings by lower grades.
(a) In addition to the protections provided in existing building and fire code rules and standards, the following alternatives apply for existing school buildings:
(1) rooms occupied by preschool, kindergarten, and first and second grade students for classrooms, latchkey, day care, early childhood family education or teen parent or similar programs may be located on any floor level below the fourth story of a school building if the building is protected throughout by a complete automatic sprinkler system and a complete automatic fire alarm system consisting of automatic smoke detection throughout the exit system and approved smoke detection in all rooms and areas other than classrooms and offices;
(2) rooms used by preschool, kindergarten, or first grade students for classrooms, latchkey, day care, early childhood family education or teen parent or similar programs, must be located on the story of exit discharge, and rooms used by second grade students, for any purpose, must be located on the story of exit discharge or one story above unless one of the following conditions is met:
(i) a complete automatic sprinkler system is provided throughout the building, the use of the affected room or space is limited to one grade level at a time, and exiting is provided from the affected room or space which is independent from the exiting system used by older students; or
(ii) a complete approved automatic fire alarm system is installed throughout the building consisting of automatic smoke detection throughout the exit system and approved detection in all rooms and areas other than classrooms and offices, the use of the affected room or space is limited to one grade level at a time and exiting is provided from the affected room or space which is independent from the exiting system used by older students.
(b) For purposes of paragraph (a), clause (2), pupils from second grade down are considered one grade level.
(c) Accessory spaces, including gymnasiums, cafeterias, media centers, auditoriums, libraries, and band and choir rooms, which are used on an occasional basis by preschool, kindergarten, and first and second grade students are permitted to be located one level above or one level below the story of exit discharge, provided the building is protected throughout by a complete automatic sprinkler system or a complete approved corridor smoke detection system.
(d) Paragraphs (a) and (c) supersede any contrary provisions of the State Fire Code or State Building Code and rules relating to those codes must be amended by the state agencies having jurisdiction of them.
(e) Paragraphs (a) to (d) are effective for new school buildings beginning July 1, 1994.
History:
Ex1959 c 71 art 4 s 18 ; 1973 c 123 art 5 s 7 ; 1975 c 59 s 1 ; 1975 c 199 s 1 ; 1976 c 168 s 1 ; 1976 c 239 s 32 ; 1978 c 706 s 16 ; 1979 c 295 s 1 ; 1980 c 609 art 6 s 17 ,18; 1981 c 358 art 6 s 13 ; 1983 c 314 art 6 s 5 ,6; art 7 s 20; 1984 c 463 art 7 s 9 ,10; 1985 c 279 s 1 ; 1Sp1985 c 12 art 7 s 14 ; 1986 c 444 ; 1987 c 398 art 7 s 21 ; 1989 c 222 s 9 ; 1989 c 329 art 5 s 3 ,4; 1990 c 562 art 7 s 4 ; art 8 s 23; 1991 c 130 s 37 ; 1992 c 499 art 12 s 29 ; 1993 c 224 art 5 s 2 ; 1Sp1995 c 3 art 16 s 13 ; 1998 c 397 art 6 s 69 -74,124; art 11 s 3; 2000 c 489 art 5 s 2 ; 1Sp2003 c 9 art 4 s 1 ,2; 2006 c 214 s 20 ; 2009 c 96 art 2 s 35
Minn. Stat. § 471.653
471.653 DISTRIBUTION OF CERTAIN FEDERAL PAYMENTS.
Federal payment in lieu of taxes on entitlement lands made pursuant to United States Code, title 31, sections 6901 to 6906 must be transferred by a county to the home rule or statutory city or town where the entitlement land is located if the county board determines that the statutory or home rule city or town is the principal provider of one or more governmental services affecting the use of entitlement lands and if the total annual federal payment to the county is $5,000 or more. The county board shall make its determination based on factors which must include: (1) whether the city or town has at least 60 acres of land within the entitlement lands; (2) whether city or town roads are the primary access to the entitlement lands; and (3) whether the city or town provides one or more specific services to the entitlement lands such as fire protection, police protection, search and rescue services, or land use planning and official controls.
The distribution of federal payment in lieu funds shall be made by the county board to a qualifying city or town in the proportion that the acreage of entitlement land located in each bears to the total acreage of entitlement land in the county. If more than 25 percent of entitlement acreage in a county is located in qualifying cities or towns, there shall be a pro rata reduction in each qualifying city or town's share, so that only 30 percent of the total county payment is distributed.
History:
1985 c 204 s 3 ; 1997 c 39 s 1
Minn. Stat. § 473.627
473.627 TAX FOR POLICE, FIRE, STREETS, PARKING.
The said commission shall on or before October 10 of each calendar year certify to the county auditor of said county, the amount determined by the commission to be raised on taxable properties within such territory to provide funds for policing and fire protection at and within said airport, and for the construction, maintenance and repair of streets and motor vehicle parking areas within such airport and the auditor shall extend, spread and include the same with and as a part of the general taxes for state and county purposes, to be collected and enforced therewith, together with penalties and interest and costs, and the county treasurer upon collection of the same, shall transfer the same to the treasurer of said public corporation.
History:
1975 c 13 s 107
Minn. Stat. § 477A.17
477A.17 . The estimated market value of minerals is excluded.
(b) In the case of a municipality or independent nonprofit firefighting corporation furnishing fire protection to other municipalities as evidenced by valid fire service contracts, joint powers agreements, resolutions, and other supporting documents filed with the commissioner under section 477B.02, subdivision 5 , the distribution must be adjusted proportionately to take into consideration the crossover fire protection service. Necessary adjustments must be made to subsequent apportionments.
(c) In the case of municipalities or independent nonprofit firefighting corporations qualifying for aid, the commissioner must calculate the state aid for the municipality or independent nonprofit firefighting corporation on the basis of the population and the estimated market value of the area furnished fire protection service by the fire department as evidenced by valid fire service contracts, joint powers agreements, resolutions, and other supporting documents filed with the commissioner under section 477B.02, subdivision 5.
(d) In the case of more than one fire department furnishing contracted fire service to a municipality, the population and estimated market value in the apportionment agreement filed with the commissioner under section 477B.02, subdivision 5 , must be used in calculating the state aid.
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Subd. 5. Minimum fire state aid allocation amount.
(a) The minimum fire state aid allocation amount is the amount derived from any additional funding amount to support a minimum fire state aid amount under section 423A.02, subdivision 3 . The minimum fire state aid allocation amount is allocated to municipalities or independent nonprofit firefighting corporations with firefighters' relief associations or covered by the statewide volunteer firefighter plan. The amount is based on the number of active firefighters who are (1) members of the relief association as reported to the Office of the State Auditor in a specific annual financial reporting year as specified in paragraphs (b) to (d), or (2) covered by the statewide volunteer firefighter plan as specified in paragraph (e).
(b) For relief associations established in calendar year 1993 or a prior year, the number of active firefighters equals the number of active firefighters who were members of the relief association as reported in the annual financial reporting for calendar year 1993, but not to exceed 30 active firefighters.
(c) For relief associations established in calendar year 1994 through calendar year 1999, the number of active firefighters equals the number of active firefighters who were members of the relief association as reported in the annual financial reporting for calendar year 1998 to the Office of the State Auditor, but not to exceed 30 active firefighters.
(d) For relief associations established after calendar year 1999, the number of active firefighters equals the number of active firefighters who are members of the relief association as reported in the first annual financial reporting submitted to the Office of the State Auditor, but not to exceed 20 active firefighters.
(e) For a municipality or independent nonprofit firefighting corporation that is providing retirement coverage for firefighters by the statewide volunteer firefighter plan under chapter 353G, the number of active firefighters equals the number of active firefighters of the municipality or independent nonprofit firefighting corporation covered by the statewide plan as certified by the executive director of the Public Employees Retirement Association to the commissioner and the state auditor within 30 days of the date the municipality or independent nonprofit firefighting corporation begins coverage in the plan, but not to exceed 30 active firefighters.
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Subd. 6.
MS 2022 [Repealed, 2023 c 64 art 17 s 25 ]
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Subd. 7. Appeal.
A municipality, an independent nonprofit firefighting corporation, a firefighter relief association, or the statewide volunteer firefighter plan may object to the amount of fire state aid apportioned to it by filing a written request with the commissioner to review and adjust the apportionment of funds within the state. The objection of a municipality, an independent nonprofit firefighting corporation, a firefighter relief association, or the statewide volunteer firefighter retirement plan must be filed with the commissioner within 60 days of the date the amount of apportioned fire state aid is paid. The decision of the commissioner is subject to appeal, review, and adjustment by the district court in the county in which the applicable municipality or independent nonprofit firefighting corporation is located or by the Ramsey County District Court with respect to the statewide volunteer firefighter plan.
History:
1Sp2019 c 6 art 19 s 3 ; 2020 c 108 art 7 s 9 ; 2023 c 64 art 17 s 14 -18; 2025 c 37 art 21 s 7 ,8
Minn. Stat. § 477B.01
477B.01 DEFINITIONS.
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Subdivision 1. Scope.
Unless the language or context clearly indicates that a different meaning is intended, the following words and terms, for the purposes of this chapter and chapters 423A and 424A, have the meanings given to them. The following definitions shall also apply for the purpose of chapter 424A, unless the word or term is defined in chapter 424A, in which case such word or term shall be as defined in chapter 424A for the purpose of chapter 424A.
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Subd. 1a. Apportionment agreement.
"Apportionment agreement" means an agreement between two or more fire departments that provide contracted fire protection service to the same municipality and establishes the percentage of the population and the percentage of the estimated market value within the municipality serviced by each fire department.
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Subd. 2. Commissioner.
"Commissioner" means the commissioner of revenue.
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Subd. 3. Company or insurance company.
"Company" or "insurance company" has the meaning given in section 60A.02, subdivision 4 .
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Subd. 4. Estimated market value.
"Estimated market value" has the meaning given in section 272.03, subdivision 14 .
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Subd. 5. Fire department.
(a) "Fire department" means:
(1) a municipal fire department;
(2) an independent nonprofit firefighting corporation;
(3) a fire department established as or operated by a joint powers entity; or
(4) a fire protection special taxing district established under chapter 144F or special law.
(b) This subdivision only applies to this chapter.
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Subd. 6. Fire department service area.
"Fire department service area" means the area serviced by a qualifying fire department that meets the requirements of section
Minn. Stat. § 609.5641
609.5641 WILDFIRE ARSON.
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Subdivision 1. Setting wildfires.
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.
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Subd. 1a. Penalty; felonies.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
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Subd. 2. Possession of flammables to set wildfires.
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.
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Subd. 3. Restitution.
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
Minn. Stat. § 609.652
609.652 (fraudulent driver's license and identification card);
(38) section 609.66, subdivision 1a , paragraph (a) (discharge of firearm; silencer); or 609.66, subdivision 1b (furnishing firearm to minor);
(39) section 609.662, subdivision 2 , paragraph (b) (duty to render aid);
(40) section 609.686, subdivision 2 (tampering with fire alarm);
(41) section 609.746, subdivision 1 , paragraph (g) (interference with privacy; subsequent violation or minor victim);
(42) section 609.80, subdivision 2 (interference with cable communications system);
(43) section 609.821, subdivision 2 (financial transaction card fraud);
(44) section
Minn. Stat. § 609.686
609.686 FALSE FIRE ALARMS; TAMPERING WITH OR INJURING FIRE ALARM SYSTEM.
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Subdivision 1. Misdemeanor.
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.
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Subd. 2. Felony.
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.
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Subd. 3. Tampering.
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
PUBLIC MISCONDUCT OR NUISANCE
Minn. Stat. § 84.161
84.161 LAND ACQUISITION FOR CERTAIN PURPOSES.
The commissioner of natural resources is hereby authorized to acquire on behalf of the Department of Natural Resources, state of Minnesota, all dam site and flowage easements and other interests in land by gift, purchase, condemnation or otherwise which may be necessary to accomplish the purposes of this section and to construct all dams, structures and control works needed to restore and control the water levels of Goose and Mud Lakes, Cass County, Minnesota, which authority to condemn shall include the condemnation of state-owned land whether held in trust or otherwise and whether or not the same be set aside as lake shore property or other special use under other provisions of law and the commissioner may further use any land of the state under the commissioner's jurisdiction for this project; all for the purpose of improving habitat for fish, wild fowl and game, wild rice and for forestry and fire protection.
History:
1957 c 69 s 1 ; 1969 c 1129 art 10 s 2 ; 1986 c 444
Minn. Stat. § 88.01
88.01 , subdivision 6, or to otherwise have low potential for damage to life and property from wildfire. The commissioner shall consider the history of and potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative material; and the distribution of property subject to damage from escaped fires. Upon a determination by the commissioner and adoption by a vote of the county board, permission for open burning is extended to all residents in the county without the need for individual written or electronic permits under this subdivision, provided burning conforms to all other provisions of this chapter, including those related to responsibility to control and extinguish fires, no burning of prohibited materials, and liability for damages caused by violations of this chapter.
(d) Upon adoption of a general burning permit, a county must establish specific regulations by ordinance, to include at a minimum the time when and conditions under which fires may be started and burned. No ordinance may be less restrictive than state law.
(e) At any time when the commissioner or the county board determines that a general burning permit is no longer in the public interest, the general permit may be canceled by the commissioner or the county board.
§
Subd. 2.
[Repealed, 1993 c 328 s 32 ]
§
Subd. 3. Special permits.
The following special permits are required at all times, including when the ground is snow-covered:
(a) Fire training. A permit to start a fire for the instruction and training of firefighters, including liquid fuels training, may be given by the commissioner or agent of the commissioner. Except for owners or operators conducting fire training in specialized industrial settings pursuant to applicable federal, state, or local standards, owners or operators conducting open burning for the purpose of instruction and training of firefighters with regard to structures must use only fuel materials as outlined in the current edition of National Fire Protection Association 1403, Standard on Live Fire Training Evolutions, and obtain the applicable live burn documents in accordance with the current edition of the Board of Firefighter Training and Education's live burn plan established according to section
Minn. Stat. § 88.08
88.08 WILDFIRE PROTECTION DISTRICTS.
The commissioner may create and establish wildfire protection districts, including all lands of both state and private ownership, upon which there is a probability of wildfires starting, and establish forest officers over these districts. All such wildfire districts heretofore established and now in existence are hereby continued until and unless hereafter abolished by the commissioner.
History:
( 4031-14 ) 1925 c 407 s 14 ; 1967 c 146 s 5 ; 1993 c 328 s 17
Minn. Stat. § 88.09
88.09 ACQUIRING LAND FOR FIRE PROTECTION.
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Subdivision 1. Acceptance of lands.
The commissioner may on behalf of the state accept the title to any tract of land, not exceeding 40 acres in area, or to accept any easement in or upon any tract of land, which the commissioner deems necessary or convenient for the use of the state as locations for fire lookout towers, warehouses, or other buildings of any kind, or as locations for firebreaks, or for other use which the commissioner may deem suitable.
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Subd. 2. Purchase, lease, or condemnation.
The commissioner may on behalf of the state, where no suitable state lands are available, purchase, lease or acquire easements on small tracts or parcels of lands, not exceeding 40 acres in area, to be used as locations for fire lookout towers, warehouses, or other buildings of any kind, or as locations for firebreaks, or for any other use which the commissioner may deem suitable; also acquire by condemnation any tract of land, not exceeding 40 acres, for these purposes; also acquire, by gift, purchase, or condemnation, any easement or right-of-way that may be necessary to provide access to any tract of land so acquired.
History:
( 4031-14a , 4031-14b ) 1927 c 329 s 1 ,2; 1929 c 220 s 1 ,2; 1933 c 302 s 1 ,2; 1935 c 332 s 1 ; 1953 c 148 s 1 ; 1959 c 471 s 1 ; 1967 c 146 s 6 ; 1986 c 444 ; 1993 c 328 s 18
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)