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• • 299F. Fire Marshal History: 2005 c 56 s 3 299F.01 FIRE MARSHAL. Subdivision 1. Commissioner's powers and duties transferred. All the powers and duties now vested in or imposed upon the commissioner of commerce as ex officio state fire marshal as prescribed in Minnesota Statutes, chapters 73, 74, 75, 76, and any other law, are hereby transferred to, vested in, and imposed upon the commissioner of public safety. The duties and responsibilities of the commissioner of commerce as ex officio state fire marshal as heretofore constituted are abolished. Subd. 2. Division created; state fire marshal. A division in the Department of Public Safety to be known as the Division of Fire Marshal is hereby created, under the supervision and control of the state fire marshal, to whom shall be assigned the duties and responsibilities described in this section. The commissioner may place the fire marshal's position in the unclassified service if the position meets the criteria of section 43A.08, subdivision la. Subd. 3.[Repealed, 1996 c 310 s 1] History: 1969 c 1129 art 1 s 2; 1982 c 560 s 55; 1983 c 289 .s 114 subd 1; 1984 c 655 art 1 s 92 299F.011 STATE FIRE CODE; ADOPTION. Subdivision 1. Authority. The commissioner of public safety through the Division of Fire Marshal may promulgate a State Fire Code and make amendments thereto in accordance with the Administrative Procedure Act in chapter 14. The code and its amendments shall conform -._ . insofar .asvpract able-,tomodei fire codes generally accepted and'3:n -use cmghcmt~ -United States, with consideration given to existing statewide specialty codes presently in use in the state of Minnesota. Statewide specialty codes and model codes with necessary modifications may be adopted by reference in accordance with section 14.07, subdivision 4. Subd. 2. [Repealed, 1981 c 106 s 16] Subd. 3. Rules for code administration and enforcement. The commissioner shall adopt rules as may be necessary to administer and enforce the code, specifically including but not limited to rules for inspection of buildings and other structures covered by the code and conforming the code to the governmental organization of Minnesota state agencies, political subdivisions and local governments. Subd. 4. Applicability; local authority. The State Fire Code shall be applicable throughout the state and in all political subdivisions and municipalities therein. However, nothing in this subdivision shall prohibit a local unit of government otherwise authorized by law from adopting or enforcing any ordinance or regulation which specifies requirements equal to, in addition to, or more stringent than the requirements of the State Fire Code. Any ordinance or regulation adopted by a local unit which differs from the State Fire Code must be directly related to the safeguarding of life and property from the hazards of fire, must be uniform for each class or kind of building covered, and may not exceed the applicable requirements of the State Building Code adopted pursuant to sections 16B.59 to 16B.73. Sub& 4a. Day care home regulation. (a) Notwithstanding any contrary provision of this section, the fire marshal shall not adopt or enforce a rule: (1) establishing staff ratios, age distribution requirements, and limitations on the number of children in care; Page 5 of 48 -59c- http: / /ros.leg.mn/ bin/ getpub .php ?pubtype= STAT_CHAP&year =2006 &section =299F 5/21/2007