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Temporary Family HealthCare Dwellings <br />June 9, 2016 <br />Page 5 <br />• Must provide access to water and electrical utilities (by connecting to principal dwelling or <br />by other comparable means 9); <br />• Must have compatible standard residential construction exterior materials; <br />• Must have minimum insulation of R-15; <br />• Must be portable (as defined by statute); <br />• Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 <br />(industrialized/modular buildings), “and contain an Industrialized Buildings Commission <br />seal and data plate or to American National Standards Institute Code 119.2”10; and <br />• Must contain a backflow check valve.11 <br /> <br />Does the State Building Code apply to the construction of a temporary family <br />health care dwelling? <br />Mostly, no. These structures must meet accessibility standards (which are in the State Building <br />Code). The primary types of dwellings proposed fall within the classification of recreational <br />vehicles, to which the State Building Code does not apply. Two other options exist, however, for <br />these types of dwellings. If these structures represent a pre-fabricated home, the federal building <br />code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If <br />these structures are modular homes, on the other hand, they must be constructed consistent with <br />the State Building Code (as stated in Minnesota Rules, Chapter 1361). <br /> <br />What health, safety and welfare requirements does this new law include? <br />Aside from the construction requirements of the unit, the temporary family health care dwelling <br />must be located in an area on the property where “septic services and emergency vehicles can gain <br />access to the temporary family health care dwelling in a safe and timely manner.” <br /> <br />What local ordinances and zoning apply to a temporary health care dwelling? <br />The new law states that ordinances related to accessory uses and recreational vehicle storage and <br />parking do not apply to these temporary family health care dwellings. However, unless otherwise <br />provided, setbacks and other local ordinances, charter provisions, and applicable state laws still <br />apply. Because conflicts may arise between the statute and one or more of the city’s other local <br />ordinances, cities should confer with their city attorneys to analyze their current ordinances in light <br />of the new law. <br /> <br />What permit process should cities follow for these permits? <br />The law creates a new type of expedited permit process. The permit approval process found in <br />Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the <br />local governmental unit has to make a decision on granting the permit. Due to the time sensitive <br /> <br />9 The Legislature did not provide guidance on what represents “other comparable means”. <br />10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards <br />Institute website is located at https://www.ansi.org/. <br />11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria.