09-28-1988 Council Agenda - Laserfiche WebLink

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W_8 COPY FOR YOUR INFORMATION Week in ReviewgEcENLL STATE ADOPTS RULES FOR MANUFACTURED HOME PARK STORM SHELTERS The State Department of Administration, Building Codes and Standards Division, , adopted permanent rules relating to manufactured home park storm shelter design on April 11, 1988. (See the State Register on November 16, 1987, for complete text of the rules.) The rules detail plan specifications and permits for storm shelters in manufactured home parks including space requirements, required exits, lighting, and ventilation. The rules do not require sanitation and drinking facilities for the storm shelters because of the typical short duration of use. The rules require that storm shelters must be located away from flood -prone or ponding areas of manufactured home parks, as well as away from utility line hazards and potential fire dangers. Minnesota Statutes 327.20 requires that manufactured home parks develop shelter or evacuation plans with the assistance and approval of the city. Parks with 10 or more homes licensed prior to March 1, 1988, must provide a safe place of shelter for park residents or a plan for the evacuation of park residents to a shelter within a reasonable distance for use in severe weather, including tornados and high winds. The park owner must submit shelter or evacuation plans to the city for approval by March 1, 1989. The city may require the park owner to construct a shelter if it determines that a safe place of shelter is not available within a reasonable distance from the park. Parks with 10 or more homes licensed after March 1, 1988 must by law provide a shelter meeting the requirements of the rule; an evacuation plan is not an allowable alternative. The park owner must submit copies of the city's approval to the department of health. Cities may want to consider whether they should require shelters in parks licensed prior to March 1, 1988, or approve evacuation plans. The statute provides that failure of a city to approve a plan that a park owner has sub- mitted shall not be grounds for action against the park if the park has made a "good faith" effort to develop the plan and obtain municipal approval. Unfortunately, the statute is silent as to the potential liability of cities for residents or visitors of manufactured home parks who are injured in a storm. However, it is the League's the opinion that city actions under this law are subject to state indemnification under M.S. 466.132. That sec- tion provides that municipalities, when performing state required inspections or inves- tigations prior to the issuance of state licenses, are not liable for claims arising out of the mandated actions. STATE ADOPTS MODIFIED OSIIA RULES The Department of Labor and Industry has adopted changes in the rules relating to Oc- cupational Safety and I lealth (081-IA) standards. The League would like to thank those city officials who responded to our Action Alert in October 1987, and provided comments to the department. A summary of the adopted rules dealing with carbon monoxide monitoring, police and patrol vehicles, covers and overhead doors, and entry into confined spaces follows. The League has copies available of the full text of the new rules, which include additional areas, along with department comments. They were also in the February 22, 1988, State Register. Page 101