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299F.011, Minnesota Statute Page 1 of 2007 Minnesota Statutes 299F.011 STATE FIRE CODE; ADOPTION. Subdivision 1. State Fire Code rulemaking authority. The commissioner of labor and industry, consistent with the recommendations of the state fire marshal, shall adopt 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 as practicable to model fire codes generally accepted and in use throughout the 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 [Repealed, 1981 c 106 s 16] Subd. 3.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. Subd. 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; (2) regulating the means of egress from family or group family day care homes in addition to the egress rules that apply to the home as a single family dwelling; or (3) confining family or group family day care home activities to the floor of exit discharge. (b) For purposes of this subdivision, "family or group family day care home" means a dwelling unit in which the day care provider provides the services referred to in section 245A.02, subdivision 10 , to one or more persons. (c) Nothing in this subdivision prohibits the Department of Human Services from adopting or enforcing rules regulating day care, including the subjects in paragraph (a), clauses (1) and (3). The depai lment may not, however, adopt or enforce a rule stricter than paragraph (a), clause (2). (d) The Department of Human Services may by rule adopt procedures for requesting the state fire marshal or a local fire marshal to conduct an inspection of day care homes to ensure compliance with state or local fire codes. (e) The commissioners of public safety and human services may enter into an agreement for the commissioner of human services to perform follow -up inspections of programs, subject to licensure under chapter 245A, to determine whether certain violations cited by the state fire marshal have been corrected. The agreement shall identify specific items the commissioner of human services is permitted to inspect. The list of items is not subject to rulemaking and may be changed by mutual agreement between the state fire marshal and the commissioner. The agreement shall provide for training of individuals who will conduct follow -up inspections. The agreement shall contain procedures for the commissioner of human services to follow when the commissioner • https : / /www.revisor.leg.state.mn.us /statutes / ?id= 299F.011 4/2/2008